Effective: April 10, 1991
Latest Legislation: Senate Bill 394 - 118th General Assembly
The Midwestern Higher Education Compact is hereby ratified, enacted into law, and entered into by this state as a party thereto with any other state that has heretofore legally joined in the compact and that may hereafter legally join in the compact as follows:
"MIDWESTERN HIGHER EDUCATION COMPACT
Article I. Purpose
The purpose of the midwestern higher education compact shall be to provide greater higher education opportunities and services in the midwestern region, with the aim of furthering regional access to, research in, and choice of higher education for the citizens residing in the several states which are parties to this compact.
Article II. The Commission
(A) The compacting states hereby create the midwestern higher education commission, hereinafter called the commission. The commission shall be a body corporate of each compacting state. The commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with terms of this compact.
(B) The commission shall consist of five resident members of each state as follows: the governor or the governor's designee who shall serve during the tenure of office of the governor; two legislators, one from each house (except Nebraska, which may appoint two legislators from its unicameral legislature), who shall serve two-year terms and be appointed by the appropriate appointing authority in each house of the legislature; and two other at-large members, at least one of whom shall be selected from the field of higher education. The at-large members shall be appointed in a manner provided by the laws of the appointing state. One of the two at-large members initially appointed in each state shall serve a two-year term. The other, and any regularly appointed successor to either at-large member, shall serve a four-year term. All vacancies shall be filled in accordance with the laws of the appointing states. Any commissioner appointed to fill a vacancy shall serve until the end of the incomplete term.
(C) The commission shall select annually, from among its members, a chairperson, a vice-chairperson, and a treasurer.
(D) The commission shall appoint an executive director who shall serve at its pleasure and who shall act as secretary to the commission. The treasurer, the executive director, and such other personnel as the commission may determine shall be bonded in such amounts as the commission may require.
(E) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a majority of the commission members of three or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(F) Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the commission.
Article III. Powers and Duties of the Commission
(A) The commission shall adopt a seal and suitable bylaws governing its management and operations.
(B) Irrespective of the civil service, personnel, or other merit system laws of any of the compacting states, the commission in its bylaws shall provide for the personnel policies and programs of the compact.
(C) The commission shall submit a budget to the governor and legislature of each compacting state at such time and for such period as may be required. The budget shall contain specific recommendations of the amount or amounts to be appropriated by each of the compacting states.
(D) The commission shall report annually to the legislatures and governors of the compacting states, to the midwestern governors' conference and to the midwestern legislative conference of the council of state governments concerning the activities of the commission during the preceding year. Such reports shall also embody any recommendations that may have been adopted by the commission.
(E) The commission may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, foundation, person, firm, or corporation.
(F) The commission may accept for any of its purposes and functions under the compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, foundation, person, firm, or corporation, and may receive, utilize, and dispose of the same.
(G) The commission may enter into agreements with any other interstate education organizations or agencies and with higher education institutions located in nonmember states and with any of the various states of these United States to provide adequate programs and services in higher education for the citizens of the respective compacting states. The commission shall, after negotiations with interested institutions and interstate organizations or agencies, determine the cost of providing the programs and services in higher education for use in these agreements.
(H) The commission may establish and maintain offices, which shall be located within one or more of the compacting states.
(I) The commission may establish committees and hire staff as it deems necessary for the carrying out of its functions.
(J) The commission may provide for actual and necessary expenses for attendance of its members at official meetings of the commission or its designated committees.
Article IV. Activities of the Commission
(A) The commission shall collect data on the long-range effects of the compact on higher education. By the end of the fourth year from the effective date of the compact and every two years thereafter, the commission shall review its accomplishments and make recommendations to the governors and legislatures of the compacting states on the continuance of the compact.
(B) The commission shall study issues in higher education of particular concern to the midwestern region. The commission shall also study the needs for higher education programs and services in the compacting states and the resources for meeting such needs. The commission shall, from time to time, prepare reports on such research for presentation to the governors and legislatures of the compacting states and other interested parties. In conducting such studies, the commission may confer with any national or regional planning body. The commission may draft and recommend to the governors and legislatures of the various compacting states suggested legislation dealing with problems of higher education.
(C) The commission shall study the need for provision of adequate programs and services in higher education, such as undergraduate, graduate, or professional student exchanges in the region. If a need for exchange in a field is apparent, the commission may enter into such agreements with any higher education institution and with any of the compacting states to provide programs and services in higher education for the citizens of the respective compacting states. The commission shall, after negotiations with interested institutions and the compacting states, determine the cost of providing the programs and services in higher education for use in its agreements. The contracting states shall contribute the funds not otherwise provided, as determined by the commission, for carrying out the agreements. The commission may also serve as the administrative and fiscal agent in carrying out agreements for higher education programs and services.
(D) The commission shall serve as a clearinghouse on information regarding higher education activities among institutions and agencies.
(E) In addition to the activities of the commission previously noted, the commission may provide services and research in other areas of regional concern.
Article V. Finance
(A) The moneys necessary to finance the general operations of the commission not otherwise provided for in carrying forth its duties, responsibilities, and powers as stated herein shall be appropriated to the commission by the compacting states, when authorized by the respective legislatures, by equal apportionment among the compacting states.
(B) The commission shall not incur any obligations of any kind prior to the making of appropriations adequate to meet the same; nor shall the commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(C) 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 under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
(D) The accounts of the commission shall be open at any reasonable time for inspection by duly authorized representatives of the compacting states and persons authorized by the commission.
Article VI. Eligible Parties and Entry into FORCE
(A) The states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin shall be eligible to become party to this compact. Additional states will be eligible if approved by a majority of the compacting states.
(B) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law, provided that it shall not become initially effective until enacted into law by five states prior to the thirty-first day of December, 1995.
(C) Amendments to the compact shall become effective upon their enactment by the legislatures of all compacting states.
Article VII. Withdrawal, Default, and Termination
(A) Any compacting state may withdraw from this compact by enacting a statute repealing the compact, but such withdrawal shall not become effective until two years after the enactment of such statute. A withdrawing state shall be liable for any obligations which it may have incurred on account of its party status up to the effective date of withdrawal, except that if the withdrawing state has specifically undertaken or committed itself to any performance of an obligation extending beyond the effective date of withdrawal, it shall remain liable to the extent of such obligation.
(B) If any compacting state shall at any time default in the performance of any of its obligations, assumed or imposed, in accordance with the provisions of this compact, all rights, privileges, and benefits conferred by this compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the commission, and the commission shall stipulate the conditions and maximum time for compliance under which the defaulting state may resume its regular status. Unless such default shall be remedied under the stipulations and within the time period set forth by the commission, this compact may be terminated with respect to such defaulting state by affirmative vote of a majority of the other member states. Any such defaulting state may be reinstated by performing all acts and obligations as stipulated by the commission.
Article VIII. Severability and Construction
The provisions of this compact entered into hereunder shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any compacting state or of the United States or the applicability 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 entered into hereunder shall be held contrary to the constitution of any compacting state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof."
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3333 | Department of Higher Education
Section 3333.01 | Ohio Board of Regents - Advisory Role - Terms.
Section 3333.011 | Board Members, Staff and Employees - Prohibited Activities.
Section 3333.012 | References to Ohio Board of Regents.
Section 3333.02 | Board Meetings and Duties.
Section 3333.021 | Filing Fiscal Analysis With Proposed Rules.
Section 3333.03 | Department of Higher Education; Chancellor of Higher Education.
Section 3333.032 | Annual Report of Board of Regents.
Section 3333.04 | Chancellor - Powers and Duties.
Section 3333.043 | Community Service Programs.
Section 3333.044 | Contracting With Consultants - Liability Insurance.
Section 3333.046 | Exempting Certain Programs From Regulation as Proprietary Schools.
Section 3333.047 | Student Financial Aid Program Audits.
Section 3333.048 | Educator Preparation; Metrics and Programs.
Section 3333.0410 | Use the Student's Data Verification Code Required.
Section 3333.0411 | Reports for Teacher Preparation Programs.
Section 3333.0412 | Private University Exempt From Liability for Certain Breach of Confidentiality.
Section 3333.0413 | Inventory of Education Programs Focusing on Workforce Development and Training.
Section 3333.0414 | Opioid and Other Substance Abuse Prevention Instruction.
Section 3333.0415 | Annual Report Regarding Attainment Goal 2025.
Section 3333.0416 | Investigation of Fees Charged by State Institutions.
Section 3333.0417 | Statewide Educational Plan for Preventing Hazing.
Section 3333.0418 | Mental Health and Wellness Report.
Section 3333.05 | Chancellor to Approve Plans and Charter of Community Colleges.
Section 3333.052 | Community College Acceleration Program.
Section 3333.06 | State Plan - Federal Grants.
Section 3333.07 | Restrictions on State Institutions.
Section 3333.071 | Restricting Expenditures for Land or Capital Improvements.
Section 3333.073 | Program Viability Analysis.
Section 3333.08 | Appropriating Property.
Section 3333.09 | Conveyances - Lease-Back Agreements.
Section 3333.10 | Granting Aid to Nonprofit Medical, Osteopathic and Dental Schools.
Section 3333.11 | Department of Family Practice.
Section 3333.111 | Department or Office of Geriatric Medicine.
Section 3333.12 | Instructional Grant Program.
Section 3333.121 | Instructional Grant Reconciliation Fund.
Section 3333.122 | Ohio College Opportunity Grant Program.
Section 3333.123 | Ohio College Opportunity Grant Program - Funding Preferences and Priorities.
Section 3333.124 | Ohio College Opportunity Grant Program Reserve Fund.
Section 3333.125 | Commercial Truck Driver Student Aid Program.
Section 3333.126 | Supplemental Ohio College Opportunity Grants.
Section 3333.127 | Second Chance Grant Program.
Section 3333.14 | Public Post High School Technical Education Programs.
Section 3333.15 | Establishment of University Branch by Chancellor.
Section 3333.162 | Criteria, Policies, and Procedures for Transfer of Courses.
Section 3333.163 | Standards for College Credit Based on Advanced Placement Test Scores.
Section 3333.164 | College Credit for Military Training, Experience, and Coursework.
Section 3333.165 | Annual Report.
Section 3333.166 | Transfer of Credits.
Section 3333.168 | Guaranteed Transfer Pathways; Joint Academic Programming; Dual Enrollment.
Section 3333.17 | Reciprocal Contracts With Institutions in Neighboring States for Tuition and Fees.
Section 3333.171 | Reciprocity Agreement With Midwestern Higher Education Compact.
Section 3333.172 | Endorsement of Midwest Student Exchange Program.
Section 3333.19 | Foreign Exchange Students - Tuition and Fees.
Section 3333.21 | Academic Scholarship Program - Basis of Award.
Section 3333.22 | Award and Renewal of Scholarship - Leave of Absence.
Section 3333.23 | Scholastic Record Sent to Chancellor - Suspension or Revocation of Scholarship.
Section 3333.25 | Academic Scholarship Payment Fund.
Section 3333.28 | Nurse Education Assistance Program - Fund.
Section 3333.30 | Web Site Access to Career Information.
Section 3333.301 | Fafsa Completion Tracking System.
Section 3333.31 | Rules for Determining Student Residency.
Section 3333.311 | Residency of Veterans and Veterans' Spouses.
Section 3333.32 | Conditions for Resident Status.
Section 3333.33 | Establishment of Tuition Guarantee Program.
Section 3333.34 | College-Level Certificates Transferable to College Credit.
Section 3333.342 | Certificates of Value.
Section 3333.35 | Cooperative Efforts With State Board of Education.
Section 3333.36 | Allocation of Funds for Certain Scholarships.
Section 3333.37 | Outstanding Scholarship, Priority Needs Fellowship Program Definitions.
Section 3333.371 | Purposes of Scholarship and Fellowship Programs.
Section 3333.372 | Outstanding Scholarship and Priority Needs Fellowship Programs.
Section 3333.373 | Scholarship Rules Advisory Committee.
Section 3333.374 | Rules Establishing Scholarship Policy Guidelines.
Section 3333.38 | Ineligibility for Student Financial Assistance Supported by State Funds.
Section 3333.39 | Teach Ohio Program.
Section 3333.391 | Ohio Teaching Fellows Program.
Section 3333.392 | Scholarships; Termination; Repayment.
Section 3333.40 | Midwestern Higher Education Compact.
Section 3333.41 | Members of Midwestern Higher Education Commission.
Section 3333.42 | Nonresident Student Military Personnel Tuition.
Section 3333.421 | Ohio Hidden Hero Scholarship Programs.
Section 3333.43 | Statements for Three-Year Baccalaureate Degrees.
Section 3333.44 | Postsecondary Globalization Liaison.
Section 3333.45 | Partnership to Provide Competency - Based Education Programs.
Section 3333.50 | Critical Needs Rapid Response System.
Section 3333.55 | Health Information and Imaging Technology Workforce Development Pilot Project.
Section 3333.60 | Choose Ohio First Scholarship Definitions.
Section 3333.61 | Choose Ohio First Scholarship Program.
Section 3333.613 | Choose Ohio First Scholarship Reserve Fund.
Section 3333.615 | Elimination of Certain Choose Ohio First Scholarship Components.
Section 3333.62 | Competitive Process for Program Awards.
Section 3333.63 | Meeting Prior to Making Awards - Proposal Summary Review.
Section 3333.64 | Fiscal and Distributive Goals; Work-Based Learning Requirement.
Section 3333.65 | Award Recipients to Enter Use Agreement.
Section 3333.66 | Scholarship Amounts.
Section 3333.68 | College Proposal Preference for Future Awards.
Section 3333.69 | Monitor of Initiatives for Which Award Granted.
Section 3333.70 | Ohio Higher Education Innovation Grant Program.
Section 3333.71 | Choose Ohio First Co-Op/internship Program Definitions.
Section 3333.72 | Choose Ohio First Co-Op/internship Program.
Section 3333.73 | Competitive Process for Making Awards Under Program.
Section 3333.731 | Co-Op/internship Program Advisory Committee.
Section 3333.74 | Private Pledge Required for Program Awards.
Section 3333.75 | Agreement Governing Use of Program Award.
Section 3333.76 | Recruiting Ohio Residents in Out-of-State Institutions.
Section 3333.77 | Proposal Preference to Institution for Future Years.
Section 3333.78 | Monitor of Initiatives for Which Awards Granted.
Section 3333.79 | Ohio Co-Op/internship Program Minority Outreach.
Section 3333.80 | Ohiocorps Pilot Program.
Section 3333.801 | Ohiocorps Scholarship for At-Risk Students.
Section 3333.802 | Ohiocorps Fund.
Section 3333.81 | Clearinghouse of Computer-Based Courses Definitions.
Section 3333.83 | Enrollment in Clearinghouse Course - Participation - Withdrawal.
Section 3333.84 | Fees Charged for Texts or Courses Offered Through Clearinghouse.
Section 3333.85 | Assignment of Course Grade; Credit.
Section 3333.86 | Offering of Course as Dual Enrollment Program.
Section 3333.87 | Clearinghouse Implementation Rules.
Section 3333.88 | Alternative Means for Offering Computer-Based Courses.
Section 3333.90 | Course and Program Sharing Network.
Section 3333.91 | Plan for the Adult Basic and Literacy Education Program.
Section 3333.93 | Workforce-Education Partnership Programs.
Section 3333.95 | Efficiency Advisory Committee.