2023 Laws of Puerto Rico › TITLE EIGHTEEN - Education (§§ 1 — 3510-3520) › PART III - Educational Activities Generally (§§ 861-866 — 1597b) › Chapter 79 - Educational Agreement (§§ 1221 — 1227) › § 1222 - Content

The Educational Agreement object of the present authorization shall contain provisions to the following effects:
(a) A statement of purposes and policy, wherein the consulting character of the bodies to be established is clearly set forth, in addition to the fact that their activities and recommendations will not affect the powers and responsibilities of the bodies and authorities of the Commonwealth of Puerto Rico with respect to orientation, adoption and execution of policies, and educational programs.
(b) The creation of a Commission on Education for the participant states, to be integrated by seven (7) members of each participant state, to be composed, in the case of Puerto Rico, of the following members: the Governor, the Secretary of Education, a member of the Senate and a member of the House of Representatives, to be designated by the respective president of the said legislative bodies, and three (3) members to be designated by the Governor each for a term of three (3) years.
(c) Provisions relating to the organization and operation of the Commission on Education of the participant states, among which there shall be provisions to the following effects:
(1) Annually, the commission shall elect, from among its members, a chairman, who shall be the Governor of one of the participant states, a vice-president and a treasurer.
(2) The commission shall appoint an Executive Director, who shall also be its Secretary, under such terms and conditions as the commission may determine.
(3) The members of the commission shall each have the right to cast one vote; and no agreement of the commission shall be valid unless adopted by the affirmative vote of an absolute majority of the totality of its members at a meeting attended by not less than an absolute majority of the totality of the members of the commission.
(4) The commission shall hold at least one meeting each year.
(5) The commission may delegate any of its functions—except approving budgets and requisitions for funds, making recommendations on educational policy, and rendering an annual report—to a Steering Committee or to the Executive Director, under the conditions and limitations contained in its bylaws.
(6) The Commission shall render an annual report of its activities to the executive and legislative powers of the participant states, and may render other special reports it may deem desirable.
(d) The creation of a Steering Committee of the Commission on Education of the participant states, which shall consist of thirty-two (32) members, one-fourth (1 / 4) part of which shall be Governors with voting rights, one-fourth (1 / 4) part legislators and the remainder shall consist of other members of the Commission; the Chairman, Vice-president and Treasurer of the Commission to be members thereof, and in which the Federal Government may have a nonvoting representative.
(e) Provisions empowering the Commission on Education of the participant states to adopt bylaws, norms and rules, subject to the limitations fixed by the text of the agreement.
(f) Provisions concerning the financing of the bodies and the activities resulting from the agreement, among which there shall be provisions to the following effects:
(1) The Commission on Education of the participant states may accept donations, as well as gifts or grants of money, equipment, materials and services, on condition or not, from any of the parties to the agreement, or from any governmental agency, or from any person, firm, association, foundation, or corporation, and receive and dispose of such donations and gifts or grants.
(2) The Commission shall notify the Governor of each participant state, or the officer whom he may designate to said effect, of the budgets and the income estimates covering fiscal periods of each one of the participant states, with specific recommendations with regard to the sum or sums to be contributed by each and every one of the participant states.
(3) The total sum of the funds applied for under any budget shall be prorated among the participant states as follows: one-third (1 / 3) part, in equal proportions; and the balance, in proportion to the population and per capita income of each participant state, in accordance with the most recent decennial census of population carried out by the United States Bureau of the Census, or by any agency which is a successor thereof.
(4) The Commission shall not pledge the credit of any of the participant states. The Commission may meet its obligations, totally or partially, from the funds donated thereto, provided that, before incurring an obligation, the commission shall have set aside such funds to cover such obligations.
(5) Except in the cases covered by the preceding clause (4) of this subsection, the Commission shall incur no obligation before the participant states shall have appropriated the necessary funds for meeting same.
(6) The Commission shall properly keep accounts of all its receipts and disbursements, the procedures therefor to be such as may be fixed in the commission’s bylaws. In addition, an annual auditing of receipts and disbursements shall be conducted by a qualified public accountant, whose report shall be attached to and form part of the Commission’s annual report.
(7) The accounts of the Commission shall be open to inspection by duly authorized officials of the participant states or by other persons authorized by the Commission.
(8) The Commission shall have power to adopt such accounting norms and rules for its operations as may enable it to comply with the laws of any of the parties to the agreement contributing to its support, concerning the auditing or inspection of accounts by or in the name of such participant state.
(g) Provisions concerning the eligibility of participant states, ratification of the agreement, and withdrawal therefrom of participant states, among which there shall be provisions to the following effects:
(1) There shall be eligible as parties to the agreement, or as participant states, all states, territories and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(2) Any eligible jurisdiction shall, upon adopting or ratifying the agreement, be bound by such act; but the agreement shall not take effect until adopted or ratified by not less than ten (10) eligible jurisdictions.
(3) Eligible jurisdictions may join the agreement by legislative authorization or the Governor’s signature; but in the absence of legislative authorization, its Governor’s signature shall bind a state as a party to the agreement only until December 31, 1967; and in this latter case the Governor shall appoint the other persons who with him are to be members of the Commission, and shall provide the Commission, from any sources at his disposal, an equitable contribution toward the support of the Commission.
(4) Any participant state may withdraw from the agreement by legislative action to said effect, but no withdrawal of a participant state shall be effective until one year from the date on which the Governor of such state or jurisdiction shall have notified in writing the withdrawal of his state to the Governors of the other participant states and jurisdictions.
History —June 10, 1966, J.R. No. 20, p. 472, § 2; June 5, 1967, J.R. No. 42, p. 491.