CHAPTER 564

An Act to provide that the Commonwealth of Virginia shall be a party
to a certain interstate compact known as the Compact for Education;
how the State’s member commissioners shall be selected and define
their powers and duties.

[H 447]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:
1. § 1. The Compact for Education is hereby entered into and enacted
into law with all jurisdictions legally joining therein, in the form sub-
stantially 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 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 forma-
tion 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.

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
As used in this Compact, “State” means a State, territory, or posses-
sion of the United States, the District of Columbia, or the Commonwealth
of Puerto Rico.
Article ITI

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 col-
lectively to reflect broadly the interests of the State Government, higher
education, the State education system, local education, lay and profes-
sional, 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 educa-
tion. In addition to the members of the Commission representing the partv
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 per-
sons concerned with educational administration.

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 Commis-
sion may deem appropriate shall be bonded in such amount as the Com-
mission 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.

The Commission may borrow, accept or contract for the services
of personnel from any party jurisdiction, the United States, or any sub-
division or agency of the aforementioned governments, or from any agency
of two or more of the party jurisdictions or their subdivisions.

The Commission may accept for any of its purposes and func-
tions 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 condi-
tions, 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 Com-
mission 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 legis-
lature of each party State a report covering the activities of the Commis-
sion 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 provi-
sions 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 com-
pact, utilizing fully the resources of national associations, regional com-
pact organizations for higher education, and other agencies and institu-
tions, both public and private.

Formulate suggested policies and plans for the improvement of
public education as a whole, or for any segment thereof, and make recom-
mendations with respect thereto available to the appropriate governmen-
tal 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 pro-
vided 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 recommen-
dations 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

A. To assist in the expeditious conduct of its business when the full
Commission is not meeting, the Commission shall elect a steering commit-
tee of thirty-two members which, subject to the provisions of this com-
pact and consistent with the policies of the Commission, shall be consti-
tuted 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 representa-
tive on the Commission may serve with the steering committee, but with-
out 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 treas-
urer 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 com-
mittee 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
pen of one year or less shall not be counted toward the two term limi-

ion.

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 estab-
lished 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’s budgets of estimated expenditures shall contain spe-
cific 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 apportion-
ment, 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, pro-
vided 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 by-
laws. 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.

. 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.

Nothing contained herein shall be construed to prevent Commis-
sion 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 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 com-
pact 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 Gov-
ernor 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.

Except for a withdrawal effective on December 31, 1967 in
accordance with paragraph C of this article, any party State may with-
draw 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 pur-
poses 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 circum-
stance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any Government, agency, person or circum-
stance shall not be affected thereby. If this compact shall be held contrary
to the constitution of any State participating therein, the compact shal]
aba va in full force and effect as to the State affected as to all severable
matters.

§ 2. There shall be seven member commissioners representing Vir-
ginia in the Education Commission of the States. These commissioners
shall consist of the Governor, one member selected from the body of the
House of Delegates by the Speaker thereof, one member selected from the
body of the Senate of Virginia by the President of the Senate, and four
members appointed by the Governor. The term of the member from the
House shall be two years; the term of the member from the Senate shall
terminate at the end of his current term as Senator. Two of the members
appointed by the Governor shall be appointed for terms of four years and
two of the members shall be appointed for initial terms of two years;
thereafter the terms of the members appointed by the Governor shall be
for four years each, except for appointments to fill vacancies which shall
be for the unexpired terms. The Governor, the President of the Senate
and the Speaker shall have the authority to fill all vacancies in the manner
of the original appointment. The Governor shall designate one member
commissioner to serve as chairman of the group for a two year term.
The commissioners shall meet on the call of the chairman or at the
request of a majority of the members. A majority of the member com-
missioners shall constitute a quorum for any meeting. The commissioners
may consider any and all matters related to recommendations of the
Education Commission of the States or the general activities and business
of the organization, and shall have the authority to represent the State in
all actions of the Commission. The commissioners shall serve without com-
pensation but shall be paid their actual and necessary expenses incurred
in the performance of their duties, such expenses to be paid from the con-
tingent fund of the General Assembly.

§ 8. Pursuant to Article III (i) of the Compact, the Education
Commission of the States shall file a copy of its bylaws and amendments
thereto with the State Council of Higher Education for Virginia.

An emergency exists and this act is in force from its passage.