NY Educ L § 107 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 3 - Education Department Part 1 - General Provisions 107 - Compact for Education.

§ 107. Compact  for  education. 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 PREAMBLEWHEREAS, the proper education of all  citizens  is  one  of  the  most   important  responsibilities  of  the  states to preserve a free and open   society in the United States; and,WHEREAS, the  increasing  demands  of  our  whole  national  life  for   improving and expanding educational services require a broad exchange of   research  data  and information concerning the problems and practices of   education; and,WHEREAS, there is a vital need for strengthening  the  voices  of  the   states   in   the  formulation  of  alternative  nationwide  educational   policies,THE STATES AFFIRM the need for close and continuing consultation among   our several states on all matters of education, and do hereby  establish   this 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,  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 educational 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 by 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 V 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  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 representatives   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 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-third of the voting  membership  of  the  steering  committee  shall   consist  of  governors, 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: fifteen for one year and fifteen 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  state  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  thirty-one,   nineteen   hundred   sixty-seven.  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 thirty-one,  nineteen   hundred  sixty-seven 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.  1. 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 applicability 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 circumstances 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.2.  Of  the  seven members of the educational commission of the states   representing this state,  one  shall  be  the  governor,  one  shall  be   appointed  by  the  temporary  president  of  the  senate from among the   members of that body, one shall be  appointed  by  the  speaker  of  the   assembly  from  among  the  members  of  that  body,  one  shall  be the   commissioner of education, and three shall be appointed by and serve  at   the pleasure of the governor. The members of the commission representing   this state shall receive no compensation for their services but shall be   allowed  their  actual  and  necessary  expenses in performance of their   duties hereunder. 3. Pursuant to article III (i) of the compact,  the  commission  shall   file a copy of its bylaws and any amendment thereto with the governor.