2005 Nevada Revised Statutes - Chapter 399 — Interstate Compact for Education

CHAPTER 399 - INTERSTATE COMPACT FOREDUCATION

NRS 399.015 Governorto execute Compact; text of Compact.

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NRS 399.015 Governorto execute Compact; text of Compact. The Governoris hereby authorized and directed to execute a compact on behalf of this statewith any other state or states legally joining therein in the formsubstantially as follows:

ARTICLE I

Purpose and Policy

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation andunderstanding among executive, legislative and professional and nonprofessionaleducational leadership on a national basis at the state and local levels.

2. Provide a forum for the discussion, development andrecommendation of alternatives for public policy in the field of education.

3. Provide a clearinghouse of information on mattersrelating to educational problems and how they are being met in different placesthroughout the nation, so that the executive and legislative branches of stategovernment and of local communities may have ready access to the experience andrecord of the entire country, and so that both nonprofessional and professionalgroups in the field of education may have additional ways to share experiencesand exchange ideas while forming public policy for education.

4. Facilitate the improvement of state and localeducational systems so that all of them will be able to meet adequate anddesirable goals in a society which requires continuous qualitative andquantitative advance in educational opportunities, methods and facilities.

B. It is the policy of this compact to encourage andpromote local and state initiative in the development, maintenance, improvementand administration of educational systems and institutions in a manner whichwill accord with the needs and advantages of diversity among localities andstates.

C. The states which have entered into this compactrecognize that each of them has an interest in the quality and quantity ofeducation furnished in each of the other states, as well as in the excellenceof its own educational systems and institutions, because of the highly mobilecharacter of persons within the nation, and because the products and servicescontributing to the health, welfare and economic advancement of each state aresupplied in significant part by persons educated in other states.

ARTICLE II

State Defined

As used in this compact, state means a state,territory or possession of the United States, the District of Columbia or theCommonwealth of Puerto Rico.

ARTICLE III

The Commission

A. The education commission of the states, hereinaftercalled the commission, is hereby established. The commission consists ofseven members representing each state which has entered into this compact. Themembers representing Nevada are:

1. The governor;

2. Two senators appointed by the majority leader ofthe senate;

3. Two assemblymen appointed by the speaker of theassembly; and

4. Two persons appointed by the governor.

In addition,there may be not more than 10 nonvoting commissioners selected by the steeringcommittee for terms of 1 year. These commissioners must represent leadingnational organizations of professional educators or persons concerned witheducational administration.

B. The members of the commission are entitled to onevote each. No action of the commission is binding unless it is taken at ameeting at which a majority of the total number of votes on the commission arecast in favor thereof. The commission may act only at a meeting at which amajority of the commissioners are present. The commission shall meet at leastonce a year. In its bylaws, and subject to such directions and limitations asmay be contained therein, the commission may delegate the exercise of any ofits powers to the steering committee or the executive director, except for thepower to:

1. Approve budgets or requests for appropriations;

2. Make recommendations of policy pursuant to ArticleIV; or

3. Adopt the annual report.

C. The commission shall adopt a seal.

D. The commission shall elect annually, from among itsmembers, a governor to serve as its chairman, a vice chairman and a treasurer.The commission shall provide for the appointment of an executive director. Theexecutive director shall serve at the pleasure of the commission. The executivedirector, treasurer and such other personnel as the commission may deemappropriate shall be bonded in such amount as the commission shall require. Theexecutive director shall act as secretary.

E. The executive director, subject to the approval ofthe steering committee, shall appoint, remove or discharge such personnel asmay be necessary for the performance of the functions of the commission, andshall fix their duties and compensation. The commission in its bylaws shallprovide for the policies and programs for the personnel of the commission.

F. The commission may borrow, accept or contract forthe services of personnel.

G. The commission may accept for any of its purposesand functions under this compact any donations, grants of money, equipment,supplies, materials and services, conditional or otherwise, from any state, theUnited States, or any other governmental agency, or from any person, firm,association, foundation or corporation, and may receive, utilize and dispose ofsuch gifts and grants. Any donation or grant accepted by the commissionpursuant to this paragraph or services borrowed pursuant to paragraph F of thisArticle must be reported in the annual report of the commission. The reportmust include the nature, amount and conditions, if any, of the donation, grantor services borrowed, and the identity of the donor or lender.

H. The commission may establish and maintain suchfacilities as may be necessary for the transacting of its business. Thecommission may acquire, hold and convey real and personal property and anyinterest therein.

I. The commission shall adopt bylaws for the conductof its business and may amend and rescind these bylaws. The commission shallpublish its bylaws in convenient form and file a copy thereof and a copy of anyamendment thereto, with the appropriate agency or officer in each state whichhas entered into this compact.

J. The commission annually shall make to the governorand legislature of each state which has entered into this compact a reportcovering the activities of the commission for the preceding year. Thecommission may make such additional reports as it may deem desirable.

ARTICLE IV

Powers

In addition to any authority conferred on thecommission by other provisions of the compact, the commission may:

1. Collect, correlate, analyze and interpretinformation and data concerning educational needs and resources.

2. Encourage and foster research in all respects ofeducation, but with special reference to the desirable scope of instruction,organization, administration and instructional methods and standards employedor suitable for employment in public educational systems.

3. Develop proposals for adequate financing ofeducation as a whole and at each of its many levels.

4. Conduct or participate in research in any instancewhere it finds that the research is necessary for the advancement of thepurposes and policies of this compact, utilizing fully the resources ofnational associations, regional organizations for higher education and otheragencies and institutions, both public and private.

5. Formulate suggested policies and plans for theimprovement of public education as a whole, or for any segment thereof, andmake recommendations with respect thereto available to the appropriategovernmental units, agencies and public officers.

6. Do such other things as may be necessary orincidental to the administration of any of its authority or functions pursuantto this compact.

ARTICLE V

Cooperation WithFederal Government

A. If the laws of the United States specifically soprovide, or if administrative provision is made therefor within the FederalGovernment, the United States may be represented on the commission by not morethan 10 representatives. Any such representative of the United States must beappointed and serve in such manner as may be provided by or pursuant to federallaw, and may be drawn from any one or more branches of the Federal Government,but no such representative may have a vote on the commission.

B. The commission may provide information and makerecommendations to any executive or legislative agency or officer of theFederal Government concerning the common educational policies of the states,and may confer with any such agencies or officers concerning any matter ofmutual interest.

ARTICLE VI

Committees

A. To assist in the expeditious conduct of itsbusiness when the full commission is not meeting, the commission shall elect asteering committee of 32 members which, subject to the provisions of thiscompact and consistent with the policies of the commission, is constituted andfunctions as provided in the bylaws of the commission. One-fourth of the votingmembership of the steering committee must consist of governors, one-fourth mustconsist of legislators and the remainder must consist of other members of thecommission. A federal representative on the commission may serve with thesteering committee, but without vote. The voting members of the steeringcommittee have terms of 2 years, except that members elected to the firststeering committee of the commission must be elected as follows: 16 for 1 yearand 16 for 2 years. The chairman, vice chairman and treasurer of the commissionmust be members of the steering committee and, anything in this paragraph tothe contrary notwithstanding, shall serve during their continuance in theseoffices. Vacancies in the steering committee do not affect its authority toact, but the commission at its next regular meeting following the occurrence ofany vacancy shall fill it for the unexpired term. A person shall not serve morethan two terms as a member of the steering committee; provided that service fora partial term of 1 year or less must not be counted toward the limitation.

B. The commission may establish advisory and technicalcommittees composed of state, local, federal officers and private persons toadvise it with respect to any one or more of its functions. Any advisory ortechnical committee may, on request of the states concerned, be established toconsider any matter of special concern to two or more of the states which haveentered into this compact.

C. The commission may establish such additionalcommittees as its bylaws may provide.

ARTICLE VII

Finance

A. The commission shall advise the governor ordesignated officer of each state which has entered into this compact of itsbudget and estimated expenditures for such period as may be required by thelaws of that state. Each of the commissions budgets of estimated expendituresmust contain specific recommendations of the amount to be appropriated by eachof the states.

B. The total amount of requests under any budget mustbe apportioned among the states. In making the apportionment, the commissionshall devise and employ a formula which takes equitable account of thepopulations and per capita levels of income of the states.

C. The commission shall not pledge the credit of anystate. The commission may meet any of its obligations in whole or in part withmoney available to it pursuant to Article III of this compact, provided thatthe commission takes specific action setting aside the money before incurringan obligation to be met in whole or in part in that manner. Except where thecommission makes use of money available to it pursuant to Article III, thecommission shall not incur any obligation before receiving an allotment ofmoney from the states which is adequate to meet the obligation.

D. The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the commissionare subject to the procedures for audit and accounting established by itsbylaws. However, all receipts and disbursements of money handled by thecommission must be audited yearly by a qualified public accountant. The report ofthe audit must be included in and become part of the annual reports of thecommission.

E. The accounts of the commission must be open at anyreasonable time for inspection by officers of the states which have enteredinto this compact and by any other persons authorized by the commission.

F. Nothing contained in this compact prohibitscompliance with laws relating to audit or inspection of accounts by or onbehalf of any government contributing to the support of the commission.

ARTICLE VIII

Eligible Parties;Entry Into and Withdrawal

A. This compact has as eligible parties all states,territories and possessions of the United States, the District of Columbia andthe Commonwealth of Puerto Rico. In respect of any such jurisdiction not havinga governor, the term governor, as used in this compact, shall be deemed tomean the closest equivalent officer of the jurisdiction.

B. Any state or other eligible jurisdiction may enterinto this compact and it becomes binding thereon when it is adopted by thatstate or jurisdiction, except that in order to enter into initial effect,adoption by at least 10 eligible jurisdictions is required.

C. Any state may withdraw from this compact byenacting a statute repealing the compact, but such a withdrawal does not takeeffect until 1 year after the governor of the withdrawing state has givennotice in writing of the withdrawal to the governors of all other states whichhave entered into this compact. No withdrawal affects any liability alreadyincurred by or chargeable to a state before its withdrawal.

ARTICLE IX

Amendments to theCompact

This compact may be amended by a vote of two-thirds ofthe members of the commission present and voting when ratified by thelegislatures of two-thirds of the states which have entered into this compact.

ARTICLE X

Construction andSeverability

This compact must be liberally construed so as toeffectuate the purposes thereof. The provisions of this compact are severableand if any phrase, clause, sentence or provision of this compact is declared tobe unconstitutional, or the application thereof to any government, agency,person or circumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any government, agency, person or circumstancemust not be affected thereby. If this compact is held contrary to theconstitution of any state participating therein, the compact remains in effectas to the state affected as to all severable matters.

(Added to NRS by 1989, 2147)