KRS § 156.710 — KY Code / Title XIII / Chapter 156 / Section 156.710
156.710 Interstate Compact for Education
Status: in_force

156.710 Interstate Compact for Education.

The compact for education is hereby entered into law with all jurisdictions 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, 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 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 (10) non-

voting commissioners selected by the steering committee for terms of one (1) 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 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 (10) 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 (32)

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 (1/4) of the voting membership of the steering committee shall

consist of Governors, one-fourth (1/4) 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 (2) years, except that members elected to

the first steering committee of the commission shall be elected as follows: sixteen (16)

for one (1) year and sixteen (16) for two (2) 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 regular ensuing meeting following the occurrence of any

vacancy shall fill it for the unexpired term. No person shall serve more than two (2) terms

as a member of the steering committee; provided that service for a partial term of one (1)

year or less shall not be counted toward the two (2) 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 (2) 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 (10) 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 (1) 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

circumstances 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.