act-1967-0-26•Pennsylvania Act 1967-26 — "COMPACT FOR EDUCATION"
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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