EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 11
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HOUGH.
1191S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 172.280, 173.005, 173.030, 173.040, 173.616, 173.750, 174.160, 174.231,
174.251, and 174.310, RSMo, and to enact in lieu thereof ten new sections relating to
the authority to confer degrees at public institutions of higher education, with existing
penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 172.280, 173.005, 173.030, 173.040, 1
173.616, 173.750, 174.160, 174.231, 174.251, and 174.310, RSMo, 2
are repealed and ten new sections enacted in lieu thereof, to 3
be known as sections 172.280, 173.005, 173.030, 173.040, 4
173.616, 173.750, 174.160, 174.231, 174.251, and 174.310, to 5
read as follows:6
172.280. The curators shall have the authority to 1
confer, by diploma, under their common seal, on any person 2
whom they may judge worthy thereof, such degrees as are 3
known to and usually granted b y any college or university. 4
[The University of Missouri is the state's only public 5
research university and the exclusive grantor of research 6
doctorates. As such, except as provided in section 175.040, 7
the University of Missouri shall be the only sta te college 8
or university that may offer doctor of philosophy degrees or 9
first-professional degrees, including dentistry, law, 10
medicine, optometry, pharmacy, and veterinary medicine. ] 11
173.005. 1. There is hereby created a "Department of 1
Higher Education and Workforce Development", and the 2 SB 11 2
division of higher education of the department of education 3
is abolished and all its powers, duties, functions, 4
personnel and property are transferred as provided by the 5
Reorganization Act of 19 74, Appendix B, RSMo. 6
2. The commission on higher education is abolished and 7
all its powers, duties, personnel and property are 8
transferred by type I transfer to the "Coordinating Board 9
for Higher Education", which is hereby created, and the 10
coordinating board shall be the head of the department. The 11
coordinating board shall consist of nine members appointed 12
by the governor with the advice and consent of the senate, 13
and not more than five of its members shall be of the same 14
political party. None of the members shall be engaged 15
professionally as an educator or educational administrator 16
with a public or private institution of higher education at 17
the time appointed or during his term. Moreover, no person 18
shall be appointed to the coordinati ng board who shall not 19
be a citizen of the United States, and who shall not have 20
been a resident of the state of Missouri two years next 21
prior to appointment, and at least one but not more than two 22
persons shall be appointed to said board from each 23
congressional district. The term of service of a member of 24
the coordinating board shall be six years and said members, 25
while attending the meetings of the board, shall be 26
reimbursed for their actual expenses. Notwithstanding any 27
provision of law to the contrary, nothing in this section 28
relating to a change in the composition and configuration of 29
congressional districts in this state shall prohibit a 30
member who is serving a term on August 28, 2011, from 31
completing his or her term. The coordinating board may, in 32
order to carry out the duties prescribed for it in 33
subsections 1, 2, 3, 7, and 8 of this section, employ such 34 SB 11 3
professional, clerical and research personnel as may be 35
necessary to assist it in performing those duties, but this 36
staff shall not, in any fiscal year, exceed twenty -five full- 37
time equivalent employees regardless of the source of 38
funding. In addition to all other powers, duties and 39
functions transferred to it, the coordinating board for 40
higher education shall have the followi ng duties and 41
responsibilities: 42
(1) The coordinating board for higher education may 43
approve, not approve, or provisionally approve proposed new 44
degree programs to be offered by the state institutions of 45
higher education. The coordinating board m ay authorize a 46
degree program outside an institution's coordinating board - 47
approved mission only when the coordinating board has 48
received clear evidence that the institution proposing to 49
offer the program: 50
(a) Made a good-faith effort to explore t he 51
feasibility of offering the program in collaboration with an 52
institution the mission of which includes offering the 53
program; 54
(b) Is contributing substantially to the goals in the 55
coordinating board's coordinated plan for higher education; 56
(c) Has the existing capacity to ensure the program is 57
delivered in a high-quality manner; 58
(d) Has demonstrated that the proposed program is 59
needed; 60
(e) Has a clear plan to meet the articulated workforce 61
need; and 62
(f) Such other factors deemed relevant by the 63
coordinating board; 64
(2) [The governing board of each public institution of 65
higher education in the state shall have the power and 66 SB 11 4
authority to confer degrees in chiropractic, osteopathic 67
medicine, and podiatry only in c ollaboration with the 68
University of Missouri, provided that such collaborative 69
agreements are approved by the governing board of each 70
institution and that in these instances the University of 71
Missouri will be the degree -granting institution. Should 72
the University of Missouri decline to collaborate in the 73
offering of such programs, any of these institutions may 74
seek approval of the program through the coordinating board 75
for higher education's comprehensive review process when 76
doing so would not unn ecessarily duplicate an existing 77
program, collaboration is not feasible or a viable means of 78
meeting the needs of students and employers, and the 79
institution has the academic and financial capacity to offer 80
the program in a high quality manner; 81
(3)] The coordinating board for higher education may 82
promote and encourage the development of cooperative 83
agreements between Missouri public four -year institutions of 84
higher education which do not offer graduate degrees and 85
Missouri public four -year institutions of higher education 86
which do offer graduate degrees for the purpose of offering 87
graduate degree programs on campuses of those public four - 88
year institutions of higher education which do not otherwise 89
offer graduate degrees. Such agreements shall identify the 90
obligations and duties of the parties, including assignment 91
of administrative responsibility. Any diploma awarded for 92
graduate degrees under such a cooperative agreement shall 93
include the names of both institutions inscribed thereon. 94
Any cooperative agreement in place as of August 28, 2003, 95
shall require no further approval from the coordinating 96
board for higher education. Any costs incurred with respect 97
to the administrative provisions of this subdivision may be 98 SB 11 5
paid from state funds allocated to the institution assigned 99
the administrative authority for the program. The 100
provisions of this subdivision shall not be construed to 101
invalidate the provisions of subdivision (1) of this 102
subsection; 103
[(4)] (3) In consultation with the heads of the 104
institutions of higher education affected and against a 105
background of carefully collected data on enrollment, 106
physical facilities, manpower needs, and institutional 107
missions, the coordinating board for higher education shall 108
establish guidelines for appropriation requests by those 109
institutions of higher education; however, other provisions 110
of the Reorganization Act of 1974 notwithstanding, all funds 111
shall be appropriated by the general assembly to the 112
governing board of each pub lic four-year institution of 113
higher education which shall prepare expenditure budgets for 114
the institution; 115
[(5)] (4) No new state-supported senior colleges or 116
residence centers shall be established except as provided by 117
law and with approval of t he coordinating board for higher 118
education; 119
[(6)] (5) The coordinating board for higher education 120
shall establish admission guidelines consistent with 121
institutional missions; 122
[(7)] (6) The coordinating board for higher education 123
shall require all public two-year and four-year higher 124
education institutions to replicate best practices in 125
remediation identified by the coordinating board and 126
institutions from research undertaken by regional 127
educational laboratories, higher education research 128
organizations, and similar organizations with expertise in 129
the subject, and identify and reduce methods that have been 130 SB 11 6
found to be ineffective in preparing or retaining students 131
or that delay students from enrollment in college -level 132
courses; 133
[(8)] (7) The coordinating board shall establish 134
policies and procedures for institutional decisions relating 135
to the residence status of students; 136
[(9)] (8) The coordinating board shall establish 137
guidelines to promote and facilitate the transfer of 138
students between institutions of higher education within the 139
state and, with the assistance of the committee on transfer 140
and articulation, shall require all public two -year and four- 141
year higher education institutions to create by July 1, 142
2014, a statewide core transfer library of at least twenty - 143
five lower division courses across all institutions that are 144
transferable among all public higher education 145
institutions. The coordinating board shall establish 146
policies and procedures to ensure such cour ses are accepted 147
in transfer among public institutions and treated as 148
equivalent to similar courses at the receiving 149
institutions. The coordinating board shall develop a policy 150
to foster reverse transfer for any student who has 151
accumulated enough hou rs in combination with at least one 152
public higher education institution in Missouri that offers 153
an associate degree and one public four -year higher 154
education institution in the prescribed courses sufficient 155
to meet the public higher education instituti on's 156
requirements to be awarded an associate degree. The 157
department of elementary and secondary education shall 158
maintain the alignment of the assessments found in section 159
160.518 and successor assessments with the competencies 160
previously established under this subdivision for entry - 161
level collegiate courses in English, mathematics, foreign 162 SB 11 7
language, sciences, and social sciences associated with an 163
institution's general education core; 164
[(10)] (9) The coordinating board shall collect the 165
necessary information and develop comparable data for all 166
institutions of higher education in the state. The 167
coordinating board shall use this information to delineate 168
the areas of competence of each of these institutions and 169
for any other purposes deemed a ppropriate by the 170
coordinating board; 171
[(11)] (10) Compliance with requests from the 172
coordinating board for institutional information and the 173
other powers, duties and responsibilities, herein assigned 174
to the coordinating board, shall be a prerequi site to the 175
receipt of any funds which the coordinating board is 176
responsible for administering; 177
[(12)] (11) If any institution of higher education in 178
this state, public or private, willfully fails or refuses to 179
follow any lawful guideline, policy or procedure established 180
or prescribed by the coordinating board, or knowingly 181
deviates from any such guideline, or knowingly acts without 182
coordinating board approval where such approval is required, 183
or willfully fails to comply with any other lawful order of 184
the coordinating board, the coordinating board may, after a 185
public hearing, withhold or direct to be withheld from that 186
institution any funds the disbursement of which is subject 187
to the control of the coordinating board, or may remove the 188
approval of the institution as an approved institution 189
within the meaning of section 173.1102. If any such public 190
institution willfully disregards board policy, the 191
commissioner of higher education may order such institution 192
to remit a fine in an amount not to exceed one percent of 193
the institution's current fiscal year state operating 194 SB 11 8
appropriation to the board. The board shall hold such funds 195
until such time that the institution, as determined by the 196
commissioner of higher education, corrects the vi olation, at 197
which time the board shall refund such amount to the 198
institution. If the commissioner determines that the 199
institution has not redressed the violation within one year, 200
the fine amount shall be deposited into the general revenue 201
fund, unless the institution appeals such decision to the 202
full coordinating board, which shall have the authority to 203
make a binding and final decision, by means of a majority 204
vote, regarding the matter. However, nothing in this 205
section shall prevent any institut ion of higher education in 206
this state from presenting additional budget requests or 207
from explaining or further clarifying its budget requests to 208
the governor or the general assembly; 209
[(13)] (12) In recognition of institutions that meet 210
the requirements of subdivision (2), (3), or (4) of 211
subsection 1 of section 173.616, are established by name as 212
an educational institution in Missouri, and are authorized 213
to operate programs beyond secondary education for purposes 214
of authorization under 34 CFR 6 00.9, the coordinating board 215
for higher education shall maintain and publish on its 216
website a list of such postsecondary educational 217
institutions; and 218
[(14)] (13) (a) As used in this subdivision, the term 219
"out-of-state public institution of high er education" shall 220
mean an education institution located outside of Missouri 221
that: 222
a. Is controlled or administered directly by a public 223
agency or political subdivision or is classified as a public 224
institution by the state; 225 SB 11 9
b. Receives appropriations for operating expenses 226
directly or indirectly from a state other than Missouri; 227
c. Provides a postsecondary course of instruction at 228
least six months in length leading to or directly creditable 229
toward a degree or certificate; 230
d. Meets the standards for accreditation by an 231
accrediting body recognized by the United States Department 232
of Education or any successor agency; and 233
e. Permits faculty members to select textbooks without 234
influence or pressure by any religious or sect arian source. 235
(b) No later than July 1, 2008, the coordinating board 236
shall promulgate rules regarding: 237
a. The board's approval process of proposed new degree 238
programs and course offerings by any out -of-state public 239
institution of higher educ ation seeking to offer degree 240
programs or course work within the state of Missouri; and 241
b. The board's approval process of degree programs and 242
courses offered by any out -of-state public institutions of 243
higher education that, prior to July 1, 2008, were approved 244
by the board to operate a school in compliance with the 245
provisions of sections 173.600 to 173.618. The rules shall 246
ensure that, as of July 1, 2008, all out -of-state public 247
institutions seeking to offer degrees and courses within the 248
state of Missouri are evaluated in a manner similar to 249
Missouri public higher education institutions. Such out-of- 250
state public institutions shall be held to standards no 251
lower than the standards established by the coordinating 252
board for program approval and the policy guidelines of the 253
coordinating board for data collection, cooperation, and 254
resolution of disputes between Missouri institutions of 255
higher education under this section. Any such out-of-state 256
public institutions of higher education wishi ng to continue 257 SB 11 10
operating within this state must be approved by the board 258
under the rules promulgated under this subdivision. The 259
coordinating board may charge and collect fees from out -of- 260
state public institutions to cover the costs of reviewing 261
and assuring the quality of programs offered by out -of-state 262
public institutions. Any rule or portion of a rule, as that 263
term is defined in section 536.010, that is created under 264
the authority delegated in this section shall become 265
effective only if it co mplies with and is subject to all of 266
the provisions of chapter 536 and, if applicable, section 267
536.028. This section and chapter 536 are nonseverable and 268
if any of the powers vested with the general assembly under 269
chapter 536 to review, to delay the e ffective date, or to 270
disapprove and annul a rule are subsequently held 271
unconstitutional, then the grant of rulemaking authority and 272
any rule proposed or adopted after August 28, 2007, shall be 273
invalid and void. 274
(c) Nothing in this subdivision or in section 173.616 275
shall be construed or interpreted so that students attending 276
an out-of-state public institution are considered to be 277
attending a Missouri public institution of higher education 278
for purposes of obtaining student financial assistance. 279
3. The coordinating board shall meet at least four 280
times annually with an advisory committee who shall be 281
notified in advance of such meetings. The coordinating 282
board shall have exclusive voting privileges. The advisory 283
committee shall consist of thirty-two members, who shall be 284
the president or other chief administrative officer of the 285
University of Missouri; the chancellor of each campus of the 286
University of Missouri; the president of each state - 287
supported four-year college or university, i ncluding Harris- 288
Stowe State University, Missouri Southern State University, 289 SB 11 11
Missouri Western State University, and Lincoln University; 290
the president of State Technical College of Missouri; the 291
president or chancellor of each public community college 292
district; and representatives of each of five accredited 293
private institutions selected biennially, under the 294
supervision of the coordinating board, by the presidents of 295
all of the state's privately supported institutions; but 296
always to include at least one representative from one 297
privately supported community college, one privately 298
supported four-year college, and one privately supported 299
university. The conferences shall enable the committee to 300
advise the coordinating board of the views of the 301
institutions on matters within the purview of the 302
coordinating board. 303
4. The University of Missouri, Lincoln University, and 304
all other state-governed colleges and universities, chapters 305
172, 174, 175, and others, are transferred by type III 306
transfers to the department of higher education and 307
workforce development subject to the provisions of 308
subsection 2 of this section. 309
5. The state historical society, chapter 183, is 310
transferred by type III transfer to the University of 311
Missouri. 312
6. The state anatomical board, chapter 194, is 313
transferred by type II transfer to the department of higher 314
education and workforce development. 315
7. All the powers, duties and functions vested in the 316
division of public schools and state board of educat ion 317
relating to community college state aid and the supervision, 318
formation of districts and all matters otherwise related to 319
the state's relations with community college districts and 320
matters pertaining to community colleges in public school 321 SB 11 12
districts, chapters 163, 178, and others, are transferred to 322
the coordinating board for higher education by type I 323
transfer. Provided, however, that all responsibility for 324
administering the federal -state programs of vocational - 325
technical education, except for t he 1202a postsecondary 326
educational amendments of 1972 program, shall remain with 327
the department of elementary and secondary education. The 328
department of elementary and secondary education and the 329
coordinating board for higher education shall cooperate in 330
developing the various plans for vocational -technical 331
education; however, the ultimate responsibility will remain 332
with the state board of education. 333
8. All the powers, duties, functions, and properties 334
of the state poultry experiment station, chapter 262, are 335
transferred by type I transfer to the University of 336
Missouri, and the state poultry association and state 337
poultry board are abolished. In the event the University of 338
Missouri shall cease to use the real estate of the poultry 339
experiment station for the purposes of research or shall 340
declare the same surplus, all real estate shall revert to 341
the governor of the state of Missouri and shall not be 342
disposed of without legislative approval. 343
173.030. The coordinating board, in addition, shall 1
have responsibility, within the provisions of the 2
constitution and the statutes of the state of Missouri, for: 3
(1) Requesting the governing boards of all state - 4
supported institutions of higher education, and of major 5
private institutions to submit to the coordinating board any 6
proposed policy changes which would create additional 7
institutions of higher education, additional residence 8
centers, or major additions in degree and certificate 9 SB 11 13
programs, and make pertinent reco mmendations relating 10
thereto; 11
(2) Recommending to the governing board of any 12
institution of higher education in the state the 13
development, consolidation, or elimination of programs, 14
degree offerings, physical facilities or policy changes 15
where that action is deemed by the coordinating board as in 16
the best interests of the institutions themselves and/or the 17
general requirements of the state. Recommendations shall be 18
submitted to governing boards by twelve months preceding the 19
term in which the action may take effect; 20
(3) Recommending to the governing boards of state - 21
supported institutions of higher education, including public 22
community colleges receiving state support, formulas to be 23
employed in specifying plans for general operations , for 24
development and expansion, and for requests for 25
appropriations from the general assembly. Such 26
recommendations will be submitted to the governing boards by 27
April first of each year preceding a regular session of the 28
general assembly of the stat e of Missouri; 29
(4) Promulgating rules to include selected off -campus 30
instruction in public college and university appropriation 31
recommendations where prior need has been established in 32
areas designated by the coordinating board for higher 33
education. Funding for such off -campus instruction shall be 34
included in the appropriation recommendations, shall be 35
determined by the general assembly and shall continue, 36
within the amounts appropriated therefor, unless the general 37
assembly disapproves the a ction by concurrent resolution; 38
(5) Coordinating reciprocal agreements between or 39
among Missouri state institutions of higher education at the 40
request of one or more of the institutions party to the 41 SB 11 14
agreement, and between or among Missouri state i nstitutions 42
of higher education and publicly supported higher education 43
institutions located outside the state of Missouri at the 44
request of any Missouri institution party to the agreement; 45
(6) Entering into agreements for interstate 46
reciprocity regarding the delivery of postsecondary distance 47
education, administering such agreements, and approving or 48
disapproving applications to participate in such agreements 49
from a postsecondary institution that has its principal 50
campus in the state of Misso uri: 51
(a) The coordinating board shall establish standards 52
for institutional approval. Those standards shall include, 53
but are not limited to the: 54
a. Definition of physical presence for non -Missouri 55
institutions serving Missouri residents con sistent with 56
other states' definitions of physical presence; and 57
b. Establishment of consumer protection policies for 58
distance education addressing recruitment and marketing 59
activities; disclosure of tuition, fees, and other charges; 60
disclosure of admission processes and procedures; and 61
student complaints; 62
(b) The coordinating board shall establish policies 63
for the review and resolution of student complaints arising 64
from distance education programs offered under the agreement; 65
(c) The coordinating board may charge fees to any 66
institution that applies to participate in an interstate 67
postsecondary distance education reciprocity agreement 68
authorized pursuant to this section. Such fees shall not 69
exceed the coordinating board for hig her education's cost of 70
reviewing and evaluating the applications; and 71
(d) The coordinating board shall promulgate rules to 72
implement the provisions of this subdivision. Any rule or 73 SB 11 15
portion of a rule, as that term is defined in section 74
536.010, that is created under the authority delegated in 75
this section shall become effective only if it complies with 76
and is subject to all of the provisions of chapter 536 and, 77
if applicable, section 536.028. This section and chapter 78
536 are nonseverable and if any of the powers vested with 79
the general assembly pursuant to chapter 536 to review, to 80
delay the effective date, or to disapprove and annul a rule 81
are subsequently held unconstitutional, then the grant of 82
rulemaking authority and any rule propose d or adopted after 83
August 28, 2014, shall be invalid and void; 84
(7) Administering the nurse training incentive fund; 85
(8) Conducting, in consultation with each public four - 86
year institution's governing board and the governing board 87
of technical colleges and community colleges, a review every 88
five years of the mission statements of the institutions 89
comprising Missouri's system of public higher education. 90
This review shall be based upon the needs of the citizens of 91
the state as well as the re quirements of business, industry, 92
the professions and government. The purpose of this review 93
shall be to ensure that Missouri's system of higher 94
education is responsive to the state's needs and is focused, 95
balanced, cost-effective, and characterized b y programs of 96
high quality as demonstrated by student performance and 97
program outcomes. As a component of this review, each 98
institution shall prepare, in a manner prescribed by the 99
coordinating board, a mission implementation plan for the 100
coordinating board's consideration and approval. If the 101
coordinating board determines that an institution has 102
qualified for a mission change or additional targeted 103
resources pursuant to review conducted under this 104
subdivision and subdivision (9) of this subsecti on, the 105 SB 11 16
coordinating board shall submit a report to the general 106
assembly that outlines the proposed mission change or 107
targeted state resources. No change of mission for an 108
institution under this subdivision establishing a statewide 109
mission shall become effective until the general assembly 110
approves the proposed mission change by concurrent 111
resolution, except for the institution defined pursuant to 112
subdivision (1) of section 174.010, and has been approved by 113
the coordinating board and the institutio ns for which the 114
coordinating board has recommended a statewide mission prior 115
to August 28, 1995. The effective date of any mission 116
change under this subdivision shall be the first day of July 117
immediately following the approval of the concurrent 118
resolution by the general assembly as required under this 119
subdivision, and shall be August 28, 1995, for any 120
institution for which the coordinating board has recommended 121
a statewide mission which has not yet been implemented on 122
such date. Nothing in this subdivision shall preclude an 123
institution from initiating a request to the coordinating 124
board for a revision of its mission; and 125
(9) Reviewing applications from institutions seeking a 126
statewide mission. Such institutions shall provide evidence 127
to the coordinating board that they have the capacity to 128
discharge successfully such a mission. Such evidence shall 129
consist of the following: 130
(a) That the institution enrolls a representative 131
cross-section of Missouri students. Examples of evidence 132
for meeting this requirement which the institution may 133
present include, but are not limited to, the following: 134
enrolling at least forty percent of its Missouri resident, 135
first-time degree-seeking freshmen from outside its historic 136
statutory service region; enrolling its Missouri 137 SB 11 17
undergraduate students from at least eighty percent of all 138
Missouri counties; or enrolling one or more groups of 139
special population students such as minorities, economically 140
disadvantaged, or physically disadvantaged fro m outside its 141
historic statutory service region at rates exceeding state 142
averages of such populations enrolled in the higher 143
educational institutions of this state; 144
(b) That the institution offers one or more programs 145
of unusual strength which re spond to a specific statewide 146
need. Examples of evidence of meeting this requirement 147
which the institution may present include, but are not 148
limited to, the following: receipt of national, discipline - 149
specific accreditation when available; receipt of 150
independent certification for meeting national or state 151
standards or requirements when discipline -specific 152
accreditation is not available; for occupationally specific 153
programs, placement rates significantly higher than average; 154
for programs for which s tate or national licensure is 155
required or for which state or national licensure or 156
registration is available on a voluntary basis, licensure or 157
registration rates for graduates seeking such recognition 158
significantly higher than average; or quality of p rogram 159
faculty as measured by the percentage holding terminal 160
degrees, the percentage writing publications in professional 161
journals or other appropriate media, and the percentage 162
securing competitively awarded research grants which are 163
higher than average; 164
(c) That the institution has a clearly articulated 165
admission standard consistent with the provisions of 166
subdivision [(6)] (5) of subsection 2 of section 173.005 or 167
section 174.130; 168 SB 11 18
(d) That the institution is characterized by a focused 169
academic environment which identifies specific but limited 170
areas of academic emphasis at the undergraduate, and if 171
appropriate, at the graduate and professional school levels, 172
including the identification of programs to be continued, 173
reduced, terminated or targeted for excellence. The 174
institution shall, consistent with its focused academic 175
environment, also have the demonstrable capacity to provide 176
significant public service or research support that address 177
statewide needs for constituencies beyo nd its historic 178
statutory service region; and 179
(e) That the institution has adopted and maintains a 180
program of continuous quality improvement, or the equivalent 181
of such a program, and reports annually appropriate and 182
verifiable measures of institu tional accountability related 183
to such program. Such measures shall include, but not be 184
limited to, indicators of student achievement and 185
institutional mission attainment such as percentage of 186
students meeting institutional admission standards; success 187
of remediation programs, if offered; student retention rate; 188
student graduation rate; objective measures of student, 189
alumni, and employer satisfaction; objective measures of 190
student learning in general education and the major, 191
including written and o ral communication skills and critical 192
thinking skills; percentage of students attending graduate 193
or professional schools; student placement, licensure and 194
professional registration rates when appropriate to a 195
program's objectives; objective measures of successful 196
attainment of statewide goals as may be expressed from time 197
to time by the coordinating board or by the general 198
assembly; and objective measures of faculty teaching 199
effectiveness. In the development and evaluation of these 200 SB 11 19
institutional accountability reports, the coordinating board 201
and institutions are expected to use multiple measures of 202
success, including nationally developed and verified as well 203
as locally developed and independently verified assessment 204
instruments; however, prefer ence shall be given to 205
nationally developed instruments when they are available and 206
if they are appropriate. Institutions which serve or seek 207
to serve a statewide mission shall be judged to have met the 208
prerequisites for such a mission when they demon strate to 209
the coordinating board that they have met the criteria 210
described in this subdivision. As a component of this 211
process, each institution shall prepare, in a manner 212
prescribed by the coordinating board, a mission 213
implementation plan for the co ordinating board's 214
consideration and approval. 215
173.040. The coordinating board is directed to submit 1
a written report to the governor or governor -elect at least 2
forty-five days prior to the opening of each regular session 3
of the general assembly and to submit the same report to the 4
general assembly within five days after the opening of each 5
regular session. The report shall include: 6
(1) A statement of the initial coordinated plan for 7
higher education in Missouri, together w ith subsequent 8
changes and implementations; 9
(2) A review of recent changes in enrollments and 10
programs among institutions of higher education in the state; 11
(3) A review of requests and recommendations made by 12
the coordinating board to instit utions of higher education 13
in accordance with section 173.030 and of the college's or 14
university's response to requests and recommendations, 15
including noncompliance therewith; 16 SB 11 20
(4) The coordinating board's recommendations for 17
development and coord ination in state-supported higher 18
education in the forthcoming biennium, within the context of 19
the long-range coordinated plan; 20
(5) The coordinating board's budget recommendations 21
for each state-supported college or university for the 22
forthcoming biennium; and 23
(6) The campus-level data on student persistence and a 24
description, including the basis of measurement, of progress 25
towards implementing revised remediation, transfer, and 26
retention practices under subdivisions [(7) and (9)] (6) and 27
(8) of subsection 2 of section 173.005. 28
173.616. 1. The following schools, training programs, 1
and courses of instruction shall be exempt from the 2
provisions of sections 173.600 to 173.618: 3
(1) A public institution; 4
(2) Any college or university represented directly or 5
indirectly on the advisory committee of the coordinating 6
board for higher education as provided in subsection 3 of 7
section 173.005; 8
(3) An institution that is certified by the board as 9
an approved private institution under subdivision (2) of 10
subsection 1 of section 173.1102; 11
(4) A not-for-profit religious school that is 12
accredited by the American Association of Bible Colleges, 13
the Association of Theological Schools in the United States 14
and Canada, or a regional accrediting association, such as 15
the North Central Association, which is recognized by the 16
Council on Postsecondary Accreditation and the United States 17
Department of Education; and 18 SB 11 21
(5) Beginning July 1, 2008, all out -of-state public 19
institutions of higher education, as such term is defined in 20
subdivision [(14)] (13) of subsection 2 of section 173.005. 21
2. The coordinating board shall exempt the following 22
schools, training programs and courses of instruction from 23
the provisions of sections 173.600 to 173.618: 24
(1) A not-for-profit school owned, controlled and 25
operated by a bona fide religious or denominational 26
organization which offers no programs or degrees and grants 27
no degrees or certificates other than tho se specifically 28
designated as theological, bible, divinity or other 29
religious designation; 30
(2) A not-for-profit school owned, controlled and 31
operated by a bona fide eleemosynary organization which 32
provides instruction with no financial charge to its 33
students and at which no part of the instructional cost is 34
defrayed by or through programs of governmental student 35
financial aid, including grants and loans, provided directly 36
to or for individual students; 37
(3) A school which offers instructi on only in subject 38
areas which are primarily for avocational or recreational 39
purposes as distinct from courses to teach employable, 40
marketable knowledge or skills, which does not advertise 41
occupational objectives and which does not grant degrees; 42
(4) A course of instruction, study or training program 43
sponsored by an employer for the training and preparation of 44
its own employees; 45
(5) A course of study or instruction conducted by a 46
trade, business or professional organization with a closed 47
membership where participation in the course is limited to 48
bona fide members of the trade, business or professional 49
organization, or a course of instruction for persons in 50 SB 11 22
preparation for an examination given by a state board or 51
commission where the s tate board or commission approves that 52
course and school; 53
(6) A school or person whose clientele are primarily 54
students aged sixteen or under; 55
(7) A yoga teacher training course, program, or school. 56
3. A school which is otherwise licens ed and approved 57
under and pursuant to any other licensing law of this state 58
shall be exempt from sections 173.600 to 173.618, but a 59
state certificate of incorporation shall not constitute 60
licensing for the purpose of sections 173.600 to 173.618. 61
4. Any school, training program or course of 62
instruction exempted herein may elect by majority action of 63
its governing body or by action of its director to apply for 64
approval of the school, training program or course of 65
instruction under the provisions of sections 173.600 to 66
173.618. Upon application to and approval by the 67
coordinating board, such school training program or course 68
of instruction may become exempt from the provisions of 69
sections 173.600 to 173.618 at any subsequent time, except 70
the board shall not approve an application for exemption if 71
the approved school is then in any status of noncompliance 72
with certification standards and a reversion to exempt 73
status shall not relieve the school of any liability for 74
indemnification or any p enalty for noncompliance with 75
certification standards during the period of the school's 76
approved status. 77
173.750. 1. By July 1, 1995, the coordinating board 1
for higher education, within existing resources provided to 2
the department of higher education and workforce development 3
and by rule and regulation, shall have established and 4
implemented a procedure for annually reporting the 5 SB 11 23
performance of graduates of public high schools in the state 6
during the student's initial year in t he public colleges and 7
universities of the state. The purpose of such reports 8
shall be to assist in determining how high schools are 9
preparing students for successful college and university 10
performance. The report produced pursuant to this 11
subsection shall annually be furnished to the state board of 12
education for reporting pursuant to subsection 4 of section 13
161.610 and shall not be used for any other purpose until 14
such time that a standard process and consistent, specific 15
criteria for determinin g a student's need for remedial 16
coursework is agreed upon by the coordinating board for 17
higher education, higher education institutions, and the 18
state board of education. 19
2. The procedures shall be designed so that the 20
reporting is made by the na me of each high school in the 21
state, with individual student data to be grouped according 22
to the high school from which the students graduated. The 23
data in the reports shall be disaggregated by race and sex. 24
The procedures shall not be designed so th at the reporting 25
contains the name of any student. No grade point average 26
shall be disclosed under subsection 3 of this section in any 27
case where three or fewer students from a particular high 28
school attend a particular college or university. 29
3. The data reported shall include grade point 30
averages after the initial college year, calculated on, or 31
adjusted to, a four point grade scale; the percentage of 32
students returning to college after the first and second 33
half of the initial college year, or after each trimester of 34
the initial college year; the percentage of students taking 35
noncollege level classes in basic academic courses during 36
the first college year, or remedial courses in basic 37 SB 11 24
academic subjects of English, mathematics, or reading; and 38
other such data as determined by rule and regulation of the 39
coordinating board for higher education. 40
4. The department of elementary and secondary 41
education shall conduct a review of its policies and 42
procedures relating to remedial education in light of the 43
best practices in remediation identified as required by 44
subdivision [(7)] (6) of subsection 2 of section 173.005 to 45
ensure that school districts are informed about best 46
practices to reduce the need for remediation. The 47
department shall present its results to the joint committee 48
on education by October 31, 2017. 49
174.160. The board of regents of each state college 1
and each state teachers college shall have power and 2
authority to confer upon students, by diploma un der the 3
common seal, such degrees as are usually granted by such 4
colleges, and additional degrees only when authorized by the 5
coordinating board for higher education in circumstances in 6
which offering such degree would not unnecessarily duplicate 7
an existing program, collaboration is not feasible or a 8
viable means of meeting the needs of students and employers, 9
and the institution has the academic and financial capacity 10
to offer the program in a high -quality manner. In the case 11
of nonresearch doctoral degrees in allied health 12
professions, an institution may be authorized to offer such 13
degree independently if offering it in collaboration with 14
another institution would not increase the quality of the 15
program or allow it to be delivered more effic iently. [Such 16
boards shall have the power and authority to confer degrees 17
in engineering only in collaboration with the University of 18
Missouri, provided that such collaborative agreements are 19
approved by the governing board of each institution and tha t 20 SB 11 25
in these instances the University of Missouri will be the 21
degree-granting institution. Should the University of 22
Missouri decline to collaborate in the offering of such 23
programs, one of these institutions may seek approval of the 24
program through the coordinating board for higher 25
education's comprehensive review process when doing so would 26
not unnecessarily duplicate an existing program, 27
collaboration is not feasible or a viable means of meeting 28
the needs of students and employers, and the institu tion has 29
the academic and financial capacity to offer the program in 30
a high-quality manner.] 31
174.231. 1. On and after August 28, 2005, the 1
institution formerly known as Missouri Southern State 2
College located in Joplin, Jasper Coun ty, shall be known as 3
"Missouri Southern State University". Missouri Southern 4
State University is hereby designated and shall hereafter be 5
operated as a statewide institution of international or 6
global education. The Missouri Southern State Universit y is 7
hereby designated a moderately selective institution which 8
shall provide associate degree programs except as provided 9
in subsection 2 of this section, baccalaureate degree 10
programs, and graduate degree programs pursuant to 11
subdivisions (1) and [(3)] (2) of subsection 2 of section 12
173.005. The institution shall develop such academic 13
support programs and public service activities it deems 14
necessary and appropriate to establish international or 15
global education as a distinctive theme of its miss ion. 16
2. As of July 1, 2008, Missouri Southern State 17
University shall discontinue any and all associate degree 18
programs unless the continuation of such associate degree 19
programs is approved by the coordinating board for higher 20 SB 11 26
education pursuant t o subdivision (1) of subsection 2 of 21
section 173.005. 22
174.251. 1. On and after August 28, 2005, the 1
institution formerly known as Missouri Western State College 2
at St. Joseph, Buchanan County, shall hereafter be known as 3
the "Missouri Western State University". Missouri Western 4
State University is hereby designated and shall hereafter be 5
operated as a statewide institution of applied learning. 6
The Missouri Western State University is hereby designated 7
an open enrollment instit ution which shall provide associate 8
degree programs except as provided in subsection 2 of this 9
section, baccalaureate degree programs, and graduate degree 10
programs pursuant to subdivisions (1) and [(3)] (2) of 11
subsection 2 of section 173.005. The institution shall 12
develop such academic support programs as it deems necessary 13
and appropriate to an open enrollment institution with a 14
statewide mission of applied learning. 15
2. As of July 1, 2010, Missouri Western State 16
University shall discontinue any and all associate degree 17
programs unless the continuation of such associate degree 18
program is approved by the coordinating board for higher 19
education pursuant to subdivision (1) of subsection 2 of 20
section 173.005. 21
174.310. 1. There shall be a period of orderly 1
transition which shall begin with the appointment of the 2
board of regents, during which the St. Louis board of 3
education shall convey by gift, the buildings, facilities, 4
equipment, and adjoining eight acres, more or le ss, of 5
realty located at 3026 Laclede Avenue, St. Louis, Missouri, 6
which currently serves as the campus of Harris -Stowe State 7
College, to the board of regents, and during which time the 8
St. Louis board of education, at its own expense, shall 9 SB 11 27
continue to provide necessary supporting services to Harris - 10
Stowe State College. The transition period shall terminate 11
no later than July 1, 1979, at which time the regents shall 12
be responsible for every aspect of the college's operation. 13
2. Notwithstanding any other provisions of this 14
chapter to the contrary, the board of regents of Harris - 15
Stowe State College is authorized to offer baccalaureate 16
degree programs and graduate degree programs that will meet 17
the needs of the St. Louis metropolitan area. Such programs 18
shall be subject to approval by the coordinating board for 19
higher education as provided for in subdivisions (1) and 20
[(3)] (2) of subsection 2 of section 173.005. 21
3. The state shall, effective July 1, 1978, provide 22
the necessary funds to fully staff and operate Harris -Stowe 23
State College and to make appropriate capital improvements. 24
4. On and after August 28, 2005, Harris -Stowe State 25
College shall be known as Harris -Stowe State University, and 26
the provisions contained in subs ections 1 to 3 of this 27
section shall continue to apply to the institution. 28