45 ILCS 90/ Interstate Compact for Education Act.

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45 ILCS 90/0.01

(45 ILCS 90/0.01) (from Ch. 122, par. 100-0.1)

Sec. 0.01.

Short title.

This Act may be cited as the

Interstate Compact for Education Act.

(Source: P.A. 86-1324.)

45 ILCS 90/1

(45 ILCS 90/1) (from Ch. 122, par. 100-1)

Sec. 1.

The State of Illinois ratifies and approves the following compact:

THE 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, crystalization 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 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 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 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 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 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 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: 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. 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 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 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 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.

(Source: Laws 1967, p. 2201.)

45 ILCS 90/2

(45 ILCS 90/2) (from Ch. 122, par. 100-2)

Sec. 2.

The members representing the State of Illinois on the Educational
Commission of the States shall consist of the Governor, 2 persons
appointed by the Governor, the State Superintendent of Education, one
person appointed by the State Board of Education, one member
of the Senate appointed by the President and one member of the House of
Representatives appointed by the Speaker thereof. Initial appointments
shall be made within 30 days after this Act takes effect, and the
appointees shall serve until January 31, 1969. Their successors shall
serve for a 2 year term and until their successors are appointed.
Vacancies shall be filled by appointment by the appropriate appointing
authority, to serve for the balance of the unexpired term. All
appointments shall be made after consideration of the principles stated
in Section III A of the Compact on Education.

(Source: P.A. 81-1508.)

45 ILCS 90/3

(45 ILCS 90/3) (from Ch. 122, par. 100-3)

Sec. 3.

There is created the Illinois Educational Council composed of the
members of the Educational Commission of the States representing this State
and of 6 other persons appointed by the Governor. The Governor shall make
these appointments in such a manner that those 6 persons will be broadly
representative of professional and lay interests in this State having the
responsibility for, knowledge with respect to and interest in educational
matters. The Governor shall designate one of the members of the Council as
chairman. In making the initial appointments to the Council the Governor
shall designate 2 members to serve until September 1, 1968; 2, until
September 1, 1969; and 2, until September 1, 1970. Their successors shall
be appointed for a 3 year term. Vacancies shall be filled by appointment
for the unexpired term. The Council shall meet, at least 3 times a year, on
the call of the chairman or at the request of a majority of the members of
the Council. The Council may consider any matter related to the
recommendations of the Educational Commission of the States or to the
activities of the Commission members representing this State.

(Source: Laws 1967, p. 2201.)

45 ILCS 90/4

(45 ILCS 90/4) (from Ch. 122, par. 100-4)

Sec. 4.

Pursuant to Article III paragraph I of the Compact for
Education, the Commission shall file a copy of its bylaws and of any
amendment thereto with the Secretary of State.

(Source: Laws 1967, p. 2201.)