USA Statutes : nevada
Title : Title 34 - EDUCATION
Chapter : CHAPTER 399 - INTERSTATE COMPACT FOR EDUCATION
The
Governor is hereby authorized and directed to execute a compact on behalf
of this state with any other state or states 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 and professional and nonprofessional
educational leadership on a national basis at the state and local levels.
2. Provide a forum for the discussion, development and
recommendation of alternatives for public policy 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
nonprofessional and professional groups in the field of education may
have additional ways to share experiences and exchange ideas while
forming public policy for 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 states which have entered into this compact 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 persons 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 consists of seven
members representing each state which has entered into this compact. The
members representing Nevada are:
1. The governor;
2. Two senators appointed by the majority leader of the senate;
3. Two assemblymen appointed by the speaker of the assembly; and
4. Two persons appointed by the governor.
Ê In addition, there may be not more than 10 nonvoting commissioners
selected by the steering committee for terms of 1 year. These
commissioners must represent leading national organizations of
professional educators or persons concerned with educational
administration.
B. The members of the commission are entitled to one vote each. No
action of the commission is binding unless it is taken at a meeting at
which a majority of the total number of votes on the commission are cast
in favor thereof. The commission may act 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:
1. Approve budgets or requests for appropriations;
2. Make recommendations of policy pursuant to Article IV; or
3. Adopt the annual report.
C. The commission shall adopt a seal.
D. The commission shall elect annually, from among its members, a
governor to serve as its chairman, 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. The
executive director, treasurer and such other personnel as the commission
may deem appropriate shall be bonded in such amount as the commission
shall require. The executive director shall act as secretary.
E. 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 their duties and compensation. The commission in its bylaws
shall provide for the policies and programs for the personnel of the
commission.
F. The commission may borrow, accept or contract for the services
of personnel.
G. The commission may accept for any of its purposes and functions
under this compact any donations, 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 such gifts and grants. Any donation or grant accepted by
the commission pursuant to this paragraph or services borrowed pursuant
to paragraph F of this Article must be reported in the annual report of
the commission. The report must 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 may amend and rescind these bylaws. The commission shall
publish its bylaws in convenient form and file a copy thereof and a copy
of any amendment thereto, with the appropriate agency or officer in each
state which has entered into this compact.
J. The commission annually shall make to the governor and
legislature of each state which has entered into this compact 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 any authority conferred on the commission by other
provisions of the compact, the commission may:
1. Collect, correlate, analyze and interpret information and data
concerning educational needs and resources.
2. Encourage and foster research in all respects 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 in any instance where it
finds that the research is necessary for the advancement of the purposes
and policies of this compact, utilizing fully the resources of national
associations, regional 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 officers.
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 more than
10 representatives. Any such representative of the United States must 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 may 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 confer 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 32 members which, subject to the provisions of this compact
and consistent with the policies of the commission, is constituted and
functions as provided in the bylaws of the commission. One-fourth of the
voting membership of the steering committee must consist of governors,
one-fourth must consist of legislators and the remainder must 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 have terms of 2 years, except
that members elected to the first steering committee of the commission
must be elected as follows: 16 for 1 year and 16 for 2 years. The
chairman, vice chairman and treasurer of the commission must 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 do not affect its authority to act,
but the commission at its next regular meeting following the occurrence
of any vacancy shall fill it for the unexpired term. A person shall not
serve more than two terms as a member of the steering committee; provided
that service for a partial term of 1 year or less must not be counted
toward the limitation.
B. The commission may establish advisory and technical committees
composed of state, local, federal officers 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 states which have entered into this compact.
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
of each state which has entered into this compact of its budget and
estimated expenditures for such period as may be required by the laws of
that state. Each of the commission’s budgets of estimated expenditures
must contain specific recommendations of the amount to be appropriated by
each of the states.
B. The total amount of requests under any budget must be
apportioned among the states. In making the apportionment, the commission
shall devise and employ a formula which takes equitable account of the
populations and per capita levels of income of the states.
C. The commission shall not pledge the credit of any state. The
commission may meet any of its obligations in whole or in part with money
available to it pursuant to Article III of this compact, provided that
the commission takes specific action setting aside the money before
incurring an obligation to be met in whole or in part in that manner.
Except where the commission makes use of money available to it pursuant
to Article III, the commission shall not incur any obligation before
receiving an allotment of money from the states which is adequate to meet
the obligation.
D. The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission are
subject to the procedures for audit and accounting established by its
bylaws. However, all receipts and disbursements of money handled by the
commission must be audited yearly by a qualified public accountant. The
report of the audit must be included in and become part of the annual
reports of the commission.
E. The accounts of the commission must be open at any reasonable
time for inspection by officers of the states which have entered into
this compact and by any other persons authorized by the commission.
F. Nothing contained in this compact prohibits 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 has 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 be
deemed to mean the closest equivalent officer of the jurisdiction.
B. Any state or other eligible jurisdiction may enter into this
compact and it becomes binding thereon when it is adopted by that state
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 by enacting a statute
repealing the compact, but such a withdrawal does not take effect until 1
year after the governor of the withdrawing state has given notice in
writing of the withdrawal to the governors of all other states which have
entered into this compact. No withdrawal affects any liability already
incurred by or chargeable to a state before its withdrawal.
ARTICLE IX
Amendments to the Compact
This compact may be amended by a vote of two-thirds of the members
of the commission present and voting when ratified by the legislatures of
two-thirds of the states which have entered into this compact.
ARTICLE X
Construction and Severability
This compact must be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact are severable and if any
phrase, clause, sentence or provision of this compact is declared to be
unconstitutional, 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 must not be affected thereby. If this compact is
held contrary to the constitution of any state participating therein, the
compact remains in effect as to the state affected as to all severable
matters.
(Added to NRS by 1989, 2147)
