Pennsylvania Act 1967-26 — "COMPACT FOR EDUCATION"

act-1967-0-261967 Pa. Act 26Law

Act text
"COMPACT FOR EDUCATION"
                  Act of Jun. 21, 1967, P.L. 111, No. 26              Cl. 24
                                  AN ACT

     Providing for the entry of the Commonwealth into a Compact with
        other states relating to education; imposing powers and
        duties on the Governor, the General Assembly and the
        Department of Public Instruction in relation thereto;
        providing for the membership of the commission; and making an
        appropriation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 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
                                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,
     crystalization 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 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 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 the
     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 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 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 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 States 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 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 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 circumstance 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.
        Section 2.  Pursuant to Article III I of the compact, the
     Commission shall file a copy of its bylaws and any amendment
     thereto with the Department of Public Instruction.
        Section 3.  Members of the Commission from the Commonwealth
     of Pennsylvania shall consist of the Governor, four members of
     the General Assembly, one to be appointed by the President Pro
     Tempore of the Senate, one by the Minority Leader of the Senate,
     one by the Speaker of the House of Representatives and one by
     the Minority Leader of the House of Representatives, and two
     members who shall be appointed by and serve at the pleasure of
     the Governor.
        Section 4.  The sum of thirty-six thousand dollars ($36,000),
     or as much thereof as may be necessary, is hereby specifically
     appropriated to the Department of Public Instruction for the
     payment of the Commonwealth's initial and annual membership fees
     under the compact for the fiscal period beginning with the
     effective date of this act and ending June 30, 1969.
        Section 5.  This act shall take effect immediately.

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