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127A.80 COMPACT.
The Compact for Education is hereby entered into and enacted into law with all jurisdictions
legally joining therein, in the form substantially as follows:
Purpose and Policy
(A) It is the purpose of this compact to:
(1) Establish and maintain close cooperation and understanding among executive, legislative,
professional educational and lay leadership on a nationwide basis at the state and local levels.
(2) Provide a forum for the discussion, development, crystalization and recommendation of
public policy alternatives in the field of education.
(3) Provide a clearinghouse of information on matters relating to educational problems
and how they are being met in different places throughout the nation, so that the executive and
legislative branches of state government and of local communities may have ready access to the
experience and record of the entire country, and so that both lay and professional groups in the
field of education may have additional avenues for the sharing of experience and the interchange
of ideas in the formation of public policy in education.
(4) Facilitate the improvement of state and local educational systems so that all of them will
be able to meet adequate and desirable goals in a society which requires continuous qualitative
and quantitative advance in educational opportunities, methods and facilities.
(B) It is the policy of this compact to encourage and promote local and state initiative in
the development, maintenance, improvement and administration of educational systems and
institutions in a manner which will accord with the needs and advantages of diversity among
localities and states.
(C) The party states recognize that each of them has an interest in the quality and quantity of
education furnished in each of the other states, as well as in the excellence of its own educational
systems and institutions, because of the highly mobile character of individuals within the
nation, and because the products and services contributing to the health, welfare and economic
advancement of each state are supplied in significant part by persons educated in other states.
State Defined
As used in this compact, "state" means a state, territory or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
The Commission
(A) The education commission of the states, hereinafter called "the commission," is hereby
established. The commission shall consist of seven members representing each party state. One
of such members shall be the governor; two shall be members of the state legislature selected
by its respective houses and serving in such manner as the legislature may determine; and four
shall be appointed by and serve at the pleasure of the governor, unless the laws of the state
otherwise provide. If the laws of a state prevent legislators from serving on the commission, six
members shall be appointed and serve at the pleasure of the governor, unless the laws of the state
otherwise provide. In addition to any other principles or requirements which a state may establish
for the appointment and service of its members of the commission, the guiding principle for
the composition of the membership on the commission from each party state shall be that the
members representing such state shall, by virtue of their training, experience, knowledge or
affiliations be in a position collectively to reflect broadly the interests of the state government,
higher education, the state education system, local education, lay and professional, public and
nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or
institution, designated by the governor, having responsibility for one or more programs of public
education. In addition to the members of the commission representing the party states, there may
be not to exceed ten nonvoting commissioners selected by the steering committee for terms of one
year. Such commissioners shall represent leading national organizations of professional educators
or persons concerned with educational administration.
(B) The members of the commission shall be entitled to one vote each on the commission.
No action of the commission shall be binding unless taken at a meeting at which a majority of the
total number of votes on the commission are cast in favor thereof. Action of the commission shall
be only at a meeting at which a majority of the commissioners are present. The commission shall
meet at least once a year. In its bylaws, and subject to such directions and limitations as may be
contained therein, the commission may delegate the exercise of any of its powers to the steering
committee or the executive director, except for the power to approve budgets or requests for
appropriations, the power to make policy recommendations pursuant to article IV and adoption of
the annual report pursuant to article III (J).
(C) The commission shall have a seal.
(D) The commission shall elect annually, from among its members, a chairman, who shall be
a governor, a vice chairman and a treasurer. The commission shall provide for the appointment of
an executive director. Such executive director shall serve at the pleasure of the commission, and
together with the treasurer and such other personnel as the commission may deem appropriate
shall be bonded in such amount as the commission shall determine. The executive director shall
be secretary.
(E) Irrespective of the civil service, personnel or other merit system laws of any of the party
states, the executive director subject to the approval of the steering committee shall appoint,
remove or discharge such personnel as may be necessary for the performance of the functions of
the commission, and shall fix the duties and compensation of such personnel. The commission in
its bylaws shall provide for the personnel policies and programs of the commission.
(F) The commission may borrow, accept or contract for the services of personnel from
any party jurisdiction, the United States, or any subdivision or agency of the aforementioned
governments, or from any agency of two or more of the party jurisdictions or their subdivisions.
(G) The commission may accept for any of its purposes and functions under this compact any
and all donations, and grants of money, equipment, supplies, materials and services, conditional
or otherwise, from any state, the United States, or any other governmental agency, or from any
person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the
same. Any donation or grant accepted by the commission pursuant to this paragraph or services
borrowed pursuant to paragraph (F) of this article shall be reported in the annual report of the
commission. Such report shall include the nature, amount and conditions, if any, of the donation,
grant, or services borrowed, and the identity of the donor or lender.
(H) The commission may establish and maintain such facilities as may be necessary for the
transacting of its business. The commission may acquire, hold, and convey real and personal
property and any interest therein.
(I) The commission shall adopt bylaws for the conduct of its business and shall have the
power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient
form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate
agency or officer in each of the party states.
(J) The commission annually shall make to the governor and legislature of each party state a
report covering the activities of the commission for the preceding year. The commission may
make such additional reports as it may deem desirable.
In addition to authority conferred on the commission by other provisions of the compact, the
commission shall have authority to:
(1) Collect, correlate, analyze and interpret information and data concerning educational
needs and resources.
(2) Encourage and foster research in all aspects of education, but with special reference to
the desirable scope of instruction, organization, administration, and instructional methods and
standards employed or suitable for employment in public educational systems.
(3) Develop proposals for adequate financing of education as a whole and at each of its
many levels.
(4) Conduct or participate in research of the types referred to in this article in any instance
where the commission finds that such research is necessary for the advancement of the purposes
and policies of this compact, utilizing fully the resources of national associations, regional
compact organizations for higher education, and other agencies and institutions, both public
and private.
(5) Formulate suggested policies and plans for the improvement of public education as a
whole, or for any segment thereof, and make recommendations with respect thereto available to
the appropriate governmental units, agencies and public officials.
(6) Do such other things as may be necessary or incidental to the administration of any of its
authority or functions pursuant to this compact.
Cooperation with Federal Government
(A) If the laws of the United States specifically so provide, or if administrative provision
is made therefor within the federal government, the United States may be represented on the
commission by not to exceed ten representatives. Any such representative or representatives of
the United States shall be appointed and serve in such manner as may be provided by or pursuant
to federal law, and may be drawn from any one or more branches of the federal government, but
no such representative shall have a vote on the commission.
(B) The commission may provide information and make recommendations to any executive
or legislative agency or officer of the federal government concerning the common educational
policies of the states, and may advise with any such agencies or officers concerning any matter of
mutual interest.
(A) To assist in the expeditious conduct of its business when the full commission is not
meeting, the commission shall elect a steering committee of 32 members which, subject to the
provisions of this compact and consistent with the policies of the commission, shall be constituted
and function as provided in the bylaws of the commission. One-fourth of the voting membership
of the steering committee shall consist of governors, one-fourth shall consist of legislators, and
the remainder shall consist of other members of the commission. A federal representative on the
commission may serve with the steering committee, but without vote. The voting members of
the steering committee shall serve for terms of two years, except that members elected to the
first steering committee of the commission shall be elected as follows: 16 for one year and 16
for two years. The chairman, vice chairman, and treasurer of the commission shall be members
of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall
serve during their continuance in these offices. Vacancies in the steering committee shall not
affect its authority to act, but the commission at its next regularly ensuing meeting following the
occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than
two terms as a member of the steering committee; provided that service for a partial term of one
year or less shall not be counted toward the two term limitation.
(B) The commission may establish advisory and technical committees composed of state,
local, and federal officials, and private persons to advise it with respect to any one or more of
its functions. Any advisory or technical committee may, on request of the states concerned, be
established to consider any matter of special concern to two or more of the party states.
(C) The commission may establish such additional committees as its bylaws may provide.
(A) The commission shall advise the governor or designated officer or officers of each party
state of its budget and estimated expenditures for such period as may be required by the laws of
that party state. Each of the commission's budgets of estimated expenditures shall contain specific
recommendations of the amount or amounts to be appropriated by each of the party states.
(B) The total amount of appropriation requests under any budget shall be apportioned among
the party states. In making such apportionment, the commission shall devise and employ a formula
which takes equitable account of the populations and per capita income levels of the party states.
(C) The commission shall not pledge the credit of any party states. The commission may meet
any of its obligations in whole or in part with funds available to it pursuant to article III (G) of
this compact, provided that the commission takes specific action setting aside such funds prior to
incurring an obligation to be met in whole or in part in such manner. Except where the commission
makes use of funds available to it pursuant to article III (G) thereof, the commission shall not
incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
(D) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established by its bylaws. However, all receipts and disbursements of funds handled
by the commission shall be audited yearly by a qualified public accountant, and the report of the
audit shall be included in and become part of the annual reports of the commission.
(E) The accounts of the commission shall be open at any reasonable time for inspection by
duly constituted officers of the party states and by any persons authorized by the commission.
(F) Nothing contained herein shall be construed to prevent commission compliance with
laws relating to audit or inspection of accounts by or on behalf of any government contributing
to the support of the commission.
Eligible Parties
Entry Into and Withdrawal
(A) This compact shall have as eligible parties all states, territories, and possessions of the
United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any
such jurisdiction not having a governor, the term "governor," as used in this compact, shall mean
the closest equivalent official of such jurisdiction.
(B) Any state or other eligible jurisdiction may enter into this compact and it shall become
binding thereon when it has adopted the same: Provided that in order to enter into initial effect,
adoption by at least ten eligible party jurisdictions shall be required.
(C) Adoption of the compact may be either by enactment thereof or by adherence thereto
by the governor; provided that in the absence of enactment, adherence by the governor shall
be sufficient to make his state a party only until December 31, 1967. During any period when
a state is participating in this compact through gubernatorial action, the governor shall appoint
those persons who, in addition to himself, shall serve as the members of the commission from
his state, and shall provide to the commission an equitable share of the financial support of the
commission from any source available to him.
(D) Except for a withdrawal effect on December 31, 1967 in accordance with paragraph (C)
of this article, any party state may withdraw from this compact by enacting a statute repealing the
same, but no such withdrawal shall take effect until one year after the governor of the withdrawing
state has given notice in writing of the withdrawal to the governors of all other party states. No
withdrawal shall affect any liability already incurred by or chargeable to a party state prior to
the time of such withdrawal.
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any state or of the United States, or
the application thereof to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this contract shall be held contrary to the
constitution of any state participating therein, the compact shall remain in full force and effect as
to the state affected as to all severable matters.
History: 1967 c 394 s 1; 1998 c 397 art 4 s 51