N.Y. Education Law § 107: Compact for education

§ 107. Compact for education. 1. The compact for education is hereby

entered into and enacted into law with all jurisdictions legally joining

therein, in the form substantially as follows:

COMPACT FOR EDUCATION PREAMBLE

WHEREAS, the proper education of all citizens is one of the most

important responsibilities of the states to preserve a free and open

society in the United States; and,

WHEREAS, the increasing demands of our whole national life for

improving and expanding educational services require a broad exchange of

research data and information concerning the problems and practices of

education; and,

WHEREAS, there is a vital need for strengthening the voices of the

states in the formulation of alternative nationwide educational

policies,

THE STATES AFFIRM the need for close and continuing consultation among

our several states on all matters of education, and do hereby establish

this compact for education.

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 educational 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 by 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 non-voting 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 V 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 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 representatives

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 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-third of the voting membership of the steering committee shall

consist of governors, 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: fifteen for one year and fifteen 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 state 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.

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 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 thirty-one, nineteen hundred

sixty-seven. 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 thirty-one, nineteen

hundred sixty-seven 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.

Article IX. Construction and Severability.

This compact shall be liberally construed so as to effectuate the

purposes thereof. 1. 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 applicability 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 circumstances 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.

2. Of the seven members of the educational commission of the states

representing this state, one shall be the governor, one shall be

appointed by the temporary president of the senate from among the

members of that body, one shall be appointed by the speaker of the

assembly from among the members of that body, one shall be the

commissioner of education, and three shall be appointed by and serve at

the pleasure of the governor. The members of the commission representing

this state shall receive no compensation for their services but shall be

allowed their actual and necessary expenses in performance of their

duties hereunder.

3. Pursuant to article III (i) of the compact, the commission shall

file a copy of its bylaws and any amendment thereto with the governor.