                                 CODE OF VIRGINIA

COMPACT ENTERED INTO AND ENACTED INTO LAW; FORM OF COMPACT (§ 22.1-336)

The compact for education is hereby enacted into law and entered into with all
jurisdictions legally joining therein in the form substantially as follows:
		Article I.

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
   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
individuals are highly mobile throughout 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.
			As used in this compact, &#8220;state&#8221; means a state, territory, or
possession of the United States, the District of Columbia, or the Commonwealth
of Puerto Rico.
			Article III.

A. The Education Commission of the States, hereinafter called &#8220;the
Commission,&#8221; 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 and lay and
professional, public and nonpublic 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 nonvoting 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
serve as secretary of the Commission.

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 transacting 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.
			In addition to authority conferred on the Commission by other provisions of
this 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.

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. 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 any such agencies
or officers concerning any matter of mutual interest.
			Article VI.

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 without vote on the steering
committee. 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.

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&#8217;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 paragraph G of Article III 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 paragraph G
of Article III of this compact, 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. In addition,
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.

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 any such jurisdiction not having a governor, the term
&#8220;governor&#8221; 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 shall be by enactment.

D. 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.
			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 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 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.

HISTORY: Code 1950, § 22-345; 1968, c. 564; 1980, c. 559.