Missouri Revised Statutes
Chapter 173
Department of Higher Education
←173.275
Section 173.300.1
173.310→
August 28, 2015
Compact adopted.
173.300. The Compact for Education is hereby entered into and enacted
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
the 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 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 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. Eight of the voting
membership of the steering committee shall consist of governors, eight
shall be 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 person 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.
(L. 1967 p. 273 § 1, A.L. 2012 S.B. 563)
1991
1991
173.300. The Compact for Education is hereby entered into and enacted
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 the
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 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
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. Eight of the voting
membership of the steering committee shall consist of governors, eight shall
be 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
person 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.
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