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156.710 Interstate Compact for Education.
The compact for education is hereby entered into law with all jurisdictions legally
joining therein, in the form substantially as follows:
Article I. 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, crystallization and
recommendation of public policy alternatives in the field of education.
3.
Provide a clearing house 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.
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 the Commonwealth of Puerto Rico.
Article III. 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 non-public 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 (10) non-voting commissioners selected by the steering
committee for terms of one (1) 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.
Article IV. Powers
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.
Article V. 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 (10) 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.
Article VI. Committees
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 thirty-two (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 (1/4) of the voting membership of the steering
committee shall consist of Governors, one-fourth (1/4) 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 (2) years, except that members elected to the first steering committee of the
commission shall be elected as follows: sixteen (16) for one (1) year and sixteen
(16) for two (2) 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 regular ensuing meeting following the occurrence of
any vacancy shall fill it for the unexpired term. No person shall serve more than two
(2) terms as a member of the steering committee; provided that service for a partial
term of one (1) year or less shall not be counted toward the two (2) 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 (2) or more of the party states.
C.
The commission may establish such additional committees as its bylaws may
provide.
Article VII. Finance
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.
Article VIII. 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 (10) 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 effective 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 (1) 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.
Article IX. 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 circumstances 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 compact 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.
Effective:July 13, 1990
History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 373, effective
July 13, 1990. -- Created 1968 Ky. Acts ch. 125, sec. 1.
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