IX Section 1(a). Free public schools — age limit. — A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state within ages not in excess of twenty-one years as prescribed by law.
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Source: Const. of 1875, Art. XI, §§ 1, 3 (Amended August 3, 1976).
----------------- IX Section 1(a) 9/2/1976 -----------------
IX Section 1(b). Specific schools — adult education. — Specific schools for any contiguous territory may be established by law. Adult education may be provided from funds other than ordinary school revenues.
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Source: Const. of 1945.
(1957) Power of eminent domain vested in school districts for the selection of sites and location of schools, cannot be controlled by city zoning ordinance. State ex rel. St. Louis Union Trust Co. v. Ferris (Mo.), 304 S.W.2d 896.
----------------- IX Section 1(b) 2/27/1945 -----------------
IX Section 2(a). State board of education — number and appointment of members — political affiliation — terms — reimbursement and compensation. — The supervision of instruction in the public schools shall be vested in a state board of education, consisting of eight lay members appointed by the governor, by and with the advice and consent of the senate; provided, that at no time shall more than four members be of the same political party. The term of office of each member shall be eight years, except the terms of the first appointees shall be from one to eight years, respectively. While attending to the duties of their office, members shall be entitled to receive only actual expenses incurred, and a per diem fixed by law.
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Source: Const. of 1875, Art. XI, § 4.
----------------- IX Section 2(a) 2/27/1945 -----------------
IX Section 2(b). Commissioner of education — qualification, duties and compensation — appointment and compensation of professional staff — powers and duties of state board of education. — The board shall select and appoint a commissioner of education as its chief administrative officer, who shall be a citizen and resident of the state, and removable at its discretion. The board shall prescribe his duties and fix his compensation, and upon his recommendation shall appoint the professional staff and fix their compensation. The board shall succeed the state board of education heretofore established, with all its powers and duties, and shall have such other powers and duties as may be prescribed by law.
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Source: Const. of 1945.
----------------- IX Section 2(b) 2/27/1945 -----------------
IX Section 3(a). Payment and distribution of appropriations and income. — All appropriations by the state for the support of free public schools and the income from the public school fund shall be paid at least annually and distributed according to law.
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Source: Const. of 1875, Art. XI, § 2.
(1992) Federally mandated state expenditures for desegregation purposes in the public schools of Kansas City, the City of St. Louis and St. Louis County are state expenditures for free public schools within the meaning of the Missouri Constitution. Such expenditures are part of the funds expended by the state on the public schools, therefore, the Governor has not reduced the total expenditures below the appropriations approved for that purpose. Sikeston R-VI School Dist. v. Ashcroft. 828 S.W.2d 372 (Mo. en banc).
(1992) Constitutional mandate that funds appropriated to the public schools "be distributed according to law" does not mandate expenditures exclusively through the foundation formula. The foundation formula is only one such law and the United States Constitution is another such law which can direct the distribution of state funds to public schools. Sikeston R-VI School Dist. v. Ashcroft. 828 S.W.2d 372 (Mo. en banc).
----------------- IX Section 3(a) 2/27/1945 -----------------
IX Section 3(b). Deficiency in provision for eight-month school year — allotment of state revenue for school purposes. — In event the public school fund provided and set apart by law for the support of free public schools, shall be insufficient to sustain free schools at least eight months in every year in each school district of the state, the general assembly may provide for such deficiency; but in no case shall there be set apart less than twenty-five percent of the state revenue, exclusive of interest and sinking fund, to be applied annually to the support of the free public schools.
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Source: Const. of 1875, Art. XI, § 7.
(1998) Money sent from federal government to state for federal purposes is not state revenue. Committee for Educational Equality v. State, 967 S.W.2d 62 (Mo.banc).
----------------- IX Section 3(b) 2/27/1945 -----------------
IX Section 3(c). Racial discrimination in employment of teachers. — No school district which permits differences in wages of teachers having the same training and experience because of race or color, shall receive any portion of said revenue or fund.
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Source: Const. of 1945.
----------------- IX Section 3(c) 2/27/1945 -----------------
IX Section 4. Public school and seminary funds — certificates of indebtedness — renewals — liquidation — legal investment of funds — tax levy for interest. — All certificates of indebtedness of the state to the public school fund and to the seminary fund are hereby confirmed as sacred obligations of the state to said funds, and they shall be renewed as they mature for such time and at such rate of interest as may be provided by law. The general assembly may provide at any time for the liquidation of said certificates, but all funds derived from such liquidation, and all other funds hereafter accruing to said state school or state seminary funds, except the interest on same, shall be invested only in registered bonds of the United States or the state, bonds of school districts of the state, or bonds or other securities payment of which are fully guaranteed by the United States, of not less than par value. The general assembly may levy an annual tax sufficient to pay the accruing interest of all state certificates of indebtedness.
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Source: Const. of 1875, Art. X, § 26, Art. XI, § 9.
----------------- IX Section 4 2/27/1945 -----------------
IX Section 5. Public school fund — sources — payment into state treasury — investment — limitation on use of income. — The proceeds of all certificates of indebtedness due the state school fund, and all moneys, bonds, lands, and other property belonging to or donated to any state fund for public school purposes, and the net proceeds of all sales of lands and other property and effects that may accrue to the state by escheat, shall be paid into the state treasury, and securely invested under the supervision of the state board of education, and sacredly preserved as a public school fund the annual income of which shall be faithfully appropriated for establishing and maintaining free public schools, and for no other uses or purposes whatsoever.
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Source: Const. of 1875, Art. XI, § 6.
(1953) Use of state and school district funds for transportation of parochial school students by public school bus which also transported public school children held unlawful. McVey v. Hawkins, 364 Mo. 44, 258 S.W.2d 927.
(1993) Under federal Individuals with Disabilities Education Act, school district was required to provide transportation for pupil from sidewalk in front of parochial school to special education class at the public school and the provision of such transportation does not violate establishment clause of First Amendment or Missouri Constitution. Felter v. Cape Girardeau School Dist., 810 F.Supp. 1062 (E.D. Mo.).
----------------- IX Section 5 2/27/1945 -----------------
IX Section 6. Seminary fund — sources — payment into state treasury — investment — limitation on use of income. — The proceeds of all certificates of indebtedness due the seminary fund, the net proceeds of all sales of lands granted to the state for the benefit of the state university with its several divisions, as provided by law, and all gifts, grants, bequests, or devises to said seminary fund for the benefit of the university, and not otherwise appropriated by the terms of any such gift, grant, bequest or devise, shall be paid into the state treasury, and securely invested by the board of curators of the state university and sacredly preserved as a seminary fund, the annual income of which shall be faithfully appropriated for maintenance of the state university, and for no other uses or purposes whatsoever.
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Source: Const. of 1945.
----------------- IX Section 6 2/27/1945 -----------------
IX Section 7. County and township school funds — liquidation and reinvestment — optional distribution on liquidation — annual distribution of income and receipts. — All real estate, loans, and investments now belonging to the various county and township school funds, except those invested as hereinafter provided, shall be liquidated without extension of time, and the proceeds thereof and the money on hand now belonging to said school funds of the several counties and the city of St. Louis, shall be reinvested in registered bonds of the United States, or in bonds of the state or in approved bonds of any city or school district thereof, or in bonds or other securities the payment of which are fully guaranteed by the United States, and sacredly preserved as a county school fund. Any county or the city of St. Louis by a majority vote of the qualified electors voting thereon may elect to distribute annually to its schools the proceeds of the liquidated school fund, at the time and in the manner prescribed by law. All interest accruing from investment of the county school fund, the clear proceeds of all penalties, forfeitures and fines collected hereafter for any breach of the penal laws of the state, the net proceeds from the sale of estrays, and all other moneys coming into said funds shall be distributed annually to the schools of the several counties according to law.
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Source: Const. of 1945.
(1956) Forfeiture under section 351.215, RSMo, for refusal of officer of corporation to permit stockholder's inspection of books held not subject to section 7, Article IX of the Constitution but affords a right of action in favor of the stockholder. State ex rel. Watkins v. Cassell (A.), 294 S.W.2d 647.
----------------- IX Section 7 2/27/1945 -----------------
IX Section 8. Prohibition of public aid for religious purposes and institutions. — Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.
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Source: Const. of 1875, Art. XI, § 11.
(1953) Use of state and school district funds for transportation of parochial school students by public school bus which also transported public school children held unlawful. McVey v. Hawkins, 364 Mo. 44, 258 S.W.2d 927.
(1953) Evidence reviewed and held to establish that schools taught by nuns of religious order were not in fact free public schools and therefore not entitled to support from public funds. Berghorn v. Reorganized School Dist. No. 8, 364 Mo. 121, 260 S.W.2d 573.
(1973) The provisions of the state constitution notwithstanding educationally deprived children attending nonpublic schools are entitled to receive allocation of federal funds for programs of special services comparable in quality, scope and opportunity to children in public schools. Barrera v. Wheeler (CA Mo.), 475 F.2d 1338.
(1973) Payment of taxes by parent who sends his children to religiously oriented schools does not interfere with his constitu- tional right to select such a school for his children. McDonough v. Aylward (Mo.), 500 S.W.2d 721.
(1974) Held, that portion of section 170.051, RSMo, requiring public school boards to provide textbooks to teachers in private schools violates Art. I, §6, of the Const. of Mo. which prohibits the "support" of any "teacher of any sect". The provision requiring textbooks to be provided to pupils attending private schools violates Art. IX, §8, of the Const. of Mo. which prohibits payment from a public fund in aid of any religious creed, church or sectarian purpose. Paster v. Tussey (Mo.), 512 S.W.2d 97.
(1974) Memorandum opinion affirming Luetkemeyer et al. v. Kaufmann, 364 F.Supp. 376, which denied right of parochial children to transportation on public school bus, affirmed in memorandum opinion. (U.S.) 95 S.Ct. 167.
----------------- IX Section 8 2/27/1945 -----------------
IX Section 9(a). State university — government by board of curators — number and appointment. — The government of the state university shall be vested in a board of curators consisting of nine members appointed by the governor, by and with the advice and consent of the senate.
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Source: Const. of 1875, Art. XI, § 5.
(1966) Board of curators of University of Missouri is authorized by constitution and statute to construct on university property vehicle parking facilities. State ex rel. curators of U of M v. Neill (Mo.), 397 S.W.2d 666.
(1973) Usage of university standards of student conduct which specifically prohibit indecent conduct or speech to dismiss student for distribution on campus of an allegedly obscene newspaper repug- nant to university held to violate student's first amendment right to disseminate ideas. Papish v. Board of Curators of University of Missouri (U.S.), 93 S.Ct. 1197.
(1975) Utilization of the state board of mediation as provided in § 105.525, RSMo, held not to be an infringement on the constitu- tional power of the curators of the University of Missouri. Curators of University of Missouri v. Public Service Employees Local No. 45 (Mo.), 520 S.W.2d 54.
----------------- IX Section 9(a) 2/27/1945 -----------------
IX Section 9(b). Maintenance of state university and other educational institutions. — The general assembly shall adequately maintain the state university and such other educational institutions as it may deem necessary.
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Source: Const. of 1875, Art. XI, § 5.
----------------- IX Section 9(b) 2/27/1945 -----------------
IX Section 10. Free public libraries — declaration of policy — state aid to local public libraries. — It is hereby declared to be the policy of the state to promote the establishment and development of free public libraries and to accept the obligation of their support by the state and its subdivisions and municipalities in such manner as may be provided by law. When any such subdivision or municipality supports a free library, the general assembly shall grant aid to such public library in such manner and in such amounts as may be provided by law.
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Source: Const. of 1945.
----------------- IX Section 10 2/27/1945 -----------------
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