USA Statutes : arizona
Title : Education
Chapter : INTERSTATE COMPACTS
15-1901 Authority of governor to enter compact; terms of compact for education
The governor is authorized in the name of this state to join with other states
legally joining in the compact for education, which compact shall be in the following
form:
COMPACT FOR EDUCATION
ARTICLE I-PURPOSE AND POLICY
Section 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 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 they
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.
Section 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.
Section C. The party states recognize that each 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
Section 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. Four shall be members of the state legislature, two
selected by the president of the senate and two selected by the speaker of the house of
representatives and serving in such manner as the legislature may determine and three
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 the 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 and lay and professional public and nonpublic educational
leadership. Of the gubernatorial 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. The nonvoting commissioners shall represent leading
national organizations of professional educators or persons concerned with educational
administration.
Section 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 section J of this article.
Section C. The commission shall have a seal.
Section 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. The 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 the secretary.
Section 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.
Section 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
such governments, or from any agency of two or more of the party jurisdictions or their
subdivisions.
Section 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 section or services borrowed pursuant to section F of this
article shall be reported in the annual report of the commission. The report shall
include the nature, amount and conditions of the donation, grant or services borrowed and
the identity of the donor or lender.
Section 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.
Section I. The commission shall adopt bylaws for the conduct of its business and
shall have the power to amend and rescind such bylaws. The commission shall publish its
bylaws in convenient form and shall file a copy of the bylaws and a copy of any amendment
to the bylaws with the appropriate agency or officer in each of the party states.
Section 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 of public education, 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
Section 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
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.
Section 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
Section 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
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: sixteen for one year
and sixteen for two years. The chairman, vice-chairman and treasurer of the commission
shall be members of the steering committee and, anything in this section 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.
Section 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.
Section C. The commission may establish such additional committees as its bylaws
may provide.
ARTICLE VII-FINANCE
Section 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 commissioner's budgets of
estimated expenditures shall contain specific recommendations of the amount or amounts to
be appropriated by each of the party states.
Section B. The total amount of appropriation requests under any budget shall be
apportioned among the party states. In making the 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.
Section C. The commission shall not pledge the credit of any party state. The
commission may meet any of its obligations in whole or in part with funds available to it
pursuant to article III, section 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, section G, the commission shall not incur any
obligation prior to the allotment of funds by the party states adequate to meet the same.
Section 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. 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.
Section 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.
Section 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
Section 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.
Section B. Any state or other eligible jurisdiction may enter into this compact,
and it shall become binding when it has adopted the compact.
Section C. Any party state may withdraw from this compact by enacting a statute
repealing the compact. 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
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 if the application thereof to any government,
agency, person or circumstance is held invalid, the validity of the remainder of this
compact and the applicability of the compact 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.