Missouri 2025 Regular Session

Missouri Senate Bill SB11 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 11
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR HOUGH.
88 1191S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 172.280, 173.005, 173.030, 173.040, 173.616, 173.750, 174.160, 174.231,
1111 174.251, and 174.310, RSMo, and to enact in lieu thereof ten new sections relating to
1212 the authority to confer degrees at public institutions of higher education, with existing
1313 penalty provisions.
1414
1515 Be it enacted by the General Assembly of the State of Missouri, as follows:
1616 Section A. Sections 172.280, 173.005, 173.030, 173.040, 1
1717 173.616, 173.750, 174.160, 174.231, 174.251, and 174.310, RSMo, 2
1818 are repealed and ten new sections enacted in lieu thereof, to 3
1919 be known as sections 172.280, 173.005, 173.030, 173.040, 4
2020 173.616, 173.750, 174.160, 174.231, 174.251, and 174.310, to 5
2121 read as follows:6
2222 172.280. The curators shall have the authority to 1
2323 confer, by diploma, under their common seal, on any person 2
2424 whom they may judge worthy thereof, such degrees as are 3
2525 known to and usually granted b y any college or university. 4
2626 [The University of Missouri is the state's only public 5
2727 research university and the exclusive grantor of research 6
2828 doctorates. As such, except as provided in section 175.040, 7
2929 the University of Missouri shall be the only sta te college 8
3030 or university that may offer doctor of philosophy degrees or 9
3131 first-professional degrees, including dentistry, law, 10
3232 medicine, optometry, pharmacy, and veterinary medicine. ] 11
3333 173.005. 1. There is hereby created a "Department of 1
3434 Higher Education and Workforce Development", and the 2 SB 11 2
3535 division of higher education of the department of education 3
3636 is abolished and all its powers, duties, functions, 4
3737 personnel and property are transferred as provided by the 5
3838 Reorganization Act of 19 74, Appendix B, RSMo. 6
3939 2. The commission on higher education is abolished and 7
4040 all its powers, duties, personnel and property are 8
4141 transferred by type I transfer to the "Coordinating Board 9
4242 for Higher Education", which is hereby created, and the 10
4343 coordinating board shall be the head of the department. The 11
4444 coordinating board shall consist of nine members appointed 12
4545 by the governor with the advice and consent of the senate, 13
4646 and not more than five of its members shall be of the same 14
4747 political party. None of the members shall be engaged 15
4848 professionally as an educator or educational administrator 16
4949 with a public or private institution of higher education at 17
5050 the time appointed or during his term. Moreover, no person 18
5151 shall be appointed to the coordinati ng board who shall not 19
5252 be a citizen of the United States, and who shall not have 20
5353 been a resident of the state of Missouri two years next 21
5454 prior to appointment, and at least one but not more than two 22
5555 persons shall be appointed to said board from each 23
5656 congressional district. The term of service of a member of 24
5757 the coordinating board shall be six years and said members, 25
5858 while attending the meetings of the board, shall be 26
5959 reimbursed for their actual expenses. Notwithstanding any 27
6060 provision of law to the contrary, nothing in this section 28
6161 relating to a change in the composition and configuration of 29
6262 congressional districts in this state shall prohibit a 30
6363 member who is serving a term on August 28, 2011, from 31
6464 completing his or her term. The coordinating board may, in 32
6565 order to carry out the duties prescribed for it in 33
6666 subsections 1, 2, 3, 7, and 8 of this section, employ such 34 SB 11 3
6767 professional, clerical and research personnel as may be 35
6868 necessary to assist it in performing those duties, but this 36
6969 staff shall not, in any fiscal year, exceed twenty -five full- 37
7070 time equivalent employees regardless of the source of 38
7171 funding. In addition to all other powers, duties and 39
7272 functions transferred to it, the coordinating board for 40
7373 higher education shall have the followi ng duties and 41
7474 responsibilities: 42
7575 (1) The coordinating board for higher education may 43
7676 approve, not approve, or provisionally approve proposed new 44
7777 degree programs to be offered by the state institutions of 45
7878 higher education. The coordinating board m ay authorize a 46
7979 degree program outside an institution's coordinating board - 47
8080 approved mission only when the coordinating board has 48
8181 received clear evidence that the institution proposing to 49
8282 offer the program: 50
8383 (a) Made a good-faith effort to explore t he 51
8484 feasibility of offering the program in collaboration with an 52
8585 institution the mission of which includes offering the 53
8686 program; 54
8787 (b) Is contributing substantially to the goals in the 55
8888 coordinating board's coordinated plan for higher education; 56
8989 (c) Has the existing capacity to ensure the program is 57
9090 delivered in a high-quality manner; 58
9191 (d) Has demonstrated that the proposed program is 59
9292 needed; 60
9393 (e) Has a clear plan to meet the articulated workforce 61
9494 need; and 62
9595 (f) Such other factors deemed relevant by the 63
9696 coordinating board; 64
9797 (2) [The governing board of each public institution of 65
9898 higher education in the state shall have the power and 66 SB 11 4
9999 authority to confer degrees in chiropractic, osteopathic 67
100100 medicine, and podiatry only in c ollaboration with the 68
101101 University of Missouri, provided that such collaborative 69
102102 agreements are approved by the governing board of each 70
103103 institution and that in these instances the University of 71
104104 Missouri will be the degree -granting institution. Should 72
105105 the University of Missouri decline to collaborate in the 73
106106 offering of such programs, any of these institutions may 74
107107 seek approval of the program through the coordinating board 75
108108 for higher education's comprehensive review process when 76
109109 doing so would not unn ecessarily duplicate an existing 77
110110 program, collaboration is not feasible or a viable means of 78
111111 meeting the needs of students and employers, and the 79
112112 institution has the academic and financial capacity to offer 80
113113 the program in a high quality manner; 81
114114 (3)] The coordinating board for higher education may 82
115115 promote and encourage the development of cooperative 83
116116 agreements between Missouri public four -year institutions of 84
117117 higher education which do not offer graduate degrees and 85
118118 Missouri public four -year institutions of higher education 86
119119 which do offer graduate degrees for the purpose of offering 87
120120 graduate degree programs on campuses of those public four - 88
121121 year institutions of higher education which do not otherwise 89
122122 offer graduate degrees. Such agreements shall identify the 90
123123 obligations and duties of the parties, including assignment 91
124124 of administrative responsibility. Any diploma awarded for 92
125125 graduate degrees under such a cooperative agreement shall 93
126126 include the names of both institutions inscribed thereon. 94
127127 Any cooperative agreement in place as of August 28, 2003, 95
128128 shall require no further approval from the coordinating 96
129129 board for higher education. Any costs incurred with respect 97
130130 to the administrative provisions of this subdivision may be 98 SB 11 5
131131 paid from state funds allocated to the institution assigned 99
132132 the administrative authority for the program. The 100
133133 provisions of this subdivision shall not be construed to 101
134134 invalidate the provisions of subdivision (1) of this 102
135135 subsection; 103
136136 [(4)] (3) In consultation with the heads of the 104
137137 institutions of higher education affected and against a 105
138138 background of carefully collected data on enrollment, 106
139139 physical facilities, manpower needs, and institutional 107
140140 missions, the coordinating board for higher education shall 108
141141 establish guidelines for appropriation requests by those 109
142142 institutions of higher education; however, other provisions 110
143143 of the Reorganization Act of 1974 notwithstanding, all funds 111
144144 shall be appropriated by the general assembly to the 112
145145 governing board of each pub lic four-year institution of 113
146146 higher education which shall prepare expenditure budgets for 114
147147 the institution; 115
148148 [(5)] (4) No new state-supported senior colleges or 116
149149 residence centers shall be established except as provided by 117
150150 law and with approval of t he coordinating board for higher 118
151151 education; 119
152152 [(6)] (5) The coordinating board for higher education 120
153153 shall establish admission guidelines consistent with 121
154154 institutional missions; 122
155155 [(7)] (6) The coordinating board for higher education 123
156156 shall require all public two-year and four-year higher 124
157157 education institutions to replicate best practices in 125
158158 remediation identified by the coordinating board and 126
159159 institutions from research undertaken by regional 127
160160 educational laboratories, higher education research 128
161161 organizations, and similar organizations with expertise in 129
162162 the subject, and identify and reduce methods that have been 130 SB 11 6
163163 found to be ineffective in preparing or retaining students 131
164164 or that delay students from enrollment in college -level 132
165165 courses; 133
166166 [(8)] (7) The coordinating board shall establish 134
167167 policies and procedures for institutional decisions relating 135
168168 to the residence status of students; 136
169169 [(9)] (8) The coordinating board shall establish 137
170170 guidelines to promote and facilitate the transfer of 138
171171 students between institutions of higher education within the 139
172172 state and, with the assistance of the committee on transfer 140
173173 and articulation, shall require all public two -year and four- 141
174174 year higher education institutions to create by July 1, 142
175175 2014, a statewide core transfer library of at least twenty - 143
176176 five lower division courses across all institutions that are 144
177177 transferable among all public higher education 145
178178 institutions. The coordinating board shall establish 146
179179 policies and procedures to ensure such cour ses are accepted 147
180180 in transfer among public institutions and treated as 148
181181 equivalent to similar courses at the receiving 149
182182 institutions. The coordinating board shall develop a policy 150
183183 to foster reverse transfer for any student who has 151
184184 accumulated enough hou rs in combination with at least one 152
185185 public higher education institution in Missouri that offers 153
186186 an associate degree and one public four -year higher 154
187187 education institution in the prescribed courses sufficient 155
188188 to meet the public higher education instituti on's 156
189189 requirements to be awarded an associate degree. The 157
190190 department of elementary and secondary education shall 158
191191 maintain the alignment of the assessments found in section 159
192192 160.518 and successor assessments with the competencies 160
193193 previously established under this subdivision for entry - 161
194194 level collegiate courses in English, mathematics, foreign 162 SB 11 7
195195 language, sciences, and social sciences associated with an 163
196196 institution's general education core; 164
197197 [(10)] (9) The coordinating board shall collect the 165
198198 necessary information and develop comparable data for all 166
199199 institutions of higher education in the state. The 167
200200 coordinating board shall use this information to delineate 168
201201 the areas of competence of each of these institutions and 169
202202 for any other purposes deemed a ppropriate by the 170
203203 coordinating board; 171
204204 [(11)] (10) Compliance with requests from the 172
205205 coordinating board for institutional information and the 173
206206 other powers, duties and responsibilities, herein assigned 174
207207 to the coordinating board, shall be a prerequi site to the 175
208208 receipt of any funds which the coordinating board is 176
209209 responsible for administering; 177
210210 [(12)] (11) If any institution of higher education in 178
211211 this state, public or private, willfully fails or refuses to 179
212212 follow any lawful guideline, policy or procedure established 180
213213 or prescribed by the coordinating board, or knowingly 181
214214 deviates from any such guideline, or knowingly acts without 182
215215 coordinating board approval where such approval is required, 183
216216 or willfully fails to comply with any other lawful order of 184
217217 the coordinating board, the coordinating board may, after a 185
218218 public hearing, withhold or direct to be withheld from that 186
219219 institution any funds the disbursement of which is subject 187
220220 to the control of the coordinating board, or may remove the 188
221221 approval of the institution as an approved institution 189
222222 within the meaning of section 173.1102. If any such public 190
223223 institution willfully disregards board policy, the 191
224224 commissioner of higher education may order such institution 192
225225 to remit a fine in an amount not to exceed one percent of 193
226226 the institution's current fiscal year state operating 194 SB 11 8
227227 appropriation to the board. The board shall hold such funds 195
228228 until such time that the institution, as determined by the 196
229229 commissioner of higher education, corrects the vi olation, at 197
230230 which time the board shall refund such amount to the 198
231231 institution. If the commissioner determines that the 199
232232 institution has not redressed the violation within one year, 200
233233 the fine amount shall be deposited into the general revenue 201
234234 fund, unless the institution appeals such decision to the 202
235235 full coordinating board, which shall have the authority to 203
236236 make a binding and final decision, by means of a majority 204
237237 vote, regarding the matter. However, nothing in this 205
238238 section shall prevent any institut ion of higher education in 206
239239 this state from presenting additional budget requests or 207
240240 from explaining or further clarifying its budget requests to 208
241241 the governor or the general assembly; 209
242242 [(13)] (12) In recognition of institutions that meet 210
243243 the requirements of subdivision (2), (3), or (4) of 211
244244 subsection 1 of section 173.616, are established by name as 212
245245 an educational institution in Missouri, and are authorized 213
246246 to operate programs beyond secondary education for purposes 214
247247 of authorization under 34 CFR 6 00.9, the coordinating board 215
248248 for higher education shall maintain and publish on its 216
249249 website a list of such postsecondary educational 217
250250 institutions; and 218
251251 [(14)] (13) (a) As used in this subdivision, the term 219
252252 "out-of-state public institution of high er education" shall 220
253253 mean an education institution located outside of Missouri 221
254254 that: 222
255255 a. Is controlled or administered directly by a public 223
256256 agency or political subdivision or is classified as a public 224
257257 institution by the state; 225 SB 11 9
258258 b. Receives appropriations for operating expenses 226
259259 directly or indirectly from a state other than Missouri; 227
260260 c. Provides a postsecondary course of instruction at 228
261261 least six months in length leading to or directly creditable 229
262262 toward a degree or certificate; 230
263263 d. Meets the standards for accreditation by an 231
264264 accrediting body recognized by the United States Department 232
265265 of Education or any successor agency; and 233
266266 e. Permits faculty members to select textbooks without 234
267267 influence or pressure by any religious or sect arian source. 235
268268 (b) No later than July 1, 2008, the coordinating board 236
269269 shall promulgate rules regarding: 237
270270 a. The board's approval process of proposed new degree 238
271271 programs and course offerings by any out -of-state public 239
272272 institution of higher educ ation seeking to offer degree 240
273273 programs or course work within the state of Missouri; and 241
274274 b. The board's approval process of degree programs and 242
275275 courses offered by any out -of-state public institutions of 243
276276 higher education that, prior to July 1, 2008, were approved 244
277277 by the board to operate a school in compliance with the 245
278278 provisions of sections 173.600 to 173.618. The rules shall 246
279279 ensure that, as of July 1, 2008, all out -of-state public 247
280280 institutions seeking to offer degrees and courses within the 248
281281 state of Missouri are evaluated in a manner similar to 249
282282 Missouri public higher education institutions. Such out-of- 250
283283 state public institutions shall be held to standards no 251
284284 lower than the standards established by the coordinating 252
285285 board for program approval and the policy guidelines of the 253
286286 coordinating board for data collection, cooperation, and 254
287287 resolution of disputes between Missouri institutions of 255
288288 higher education under this section. Any such out-of-state 256
289289 public institutions of higher education wishi ng to continue 257 SB 11 10
290290 operating within this state must be approved by the board 258
291291 under the rules promulgated under this subdivision. The 259
292292 coordinating board may charge and collect fees from out -of- 260
293293 state public institutions to cover the costs of reviewing 261
294294 and assuring the quality of programs offered by out -of-state 262
295295 public institutions. Any rule or portion of a rule, as that 263
296296 term is defined in section 536.010, that is created under 264
297297 the authority delegated in this section shall become 265
298298 effective only if it co mplies with and is subject to all of 266
299299 the provisions of chapter 536 and, if applicable, section 267
300300 536.028. This section and chapter 536 are nonseverable and 268
301301 if any of the powers vested with the general assembly under 269
302302 chapter 536 to review, to delay the e ffective date, or to 270
303303 disapprove and annul a rule are subsequently held 271
304304 unconstitutional, then the grant of rulemaking authority and 272
305305 any rule proposed or adopted after August 28, 2007, shall be 273
306306 invalid and void. 274
307307 (c) Nothing in this subdivision or in section 173.616 275
308308 shall be construed or interpreted so that students attending 276
309309 an out-of-state public institution are considered to be 277
310310 attending a Missouri public institution of higher education 278
311311 for purposes of obtaining student financial assistance. 279
312312 3. The coordinating board shall meet at least four 280
313313 times annually with an advisory committee who shall be 281
314314 notified in advance of such meetings. The coordinating 282
315315 board shall have exclusive voting privileges. The advisory 283
316316 committee shall consist of thirty-two members, who shall be 284
317317 the president or other chief administrative officer of the 285
318318 University of Missouri; the chancellor of each campus of the 286
319319 University of Missouri; the president of each state - 287
320320 supported four-year college or university, i ncluding Harris- 288
321321 Stowe State University, Missouri Southern State University, 289 SB 11 11
322322 Missouri Western State University, and Lincoln University; 290
323323 the president of State Technical College of Missouri; the 291
324324 president or chancellor of each public community college 292
325325 district; and representatives of each of five accredited 293
326326 private institutions selected biennially, under the 294
327327 supervision of the coordinating board, by the presidents of 295
328328 all of the state's privately supported institutions; but 296
329329 always to include at least one representative from one 297
330330 privately supported community college, one privately 298
331331 supported four-year college, and one privately supported 299
332332 university. The conferences shall enable the committee to 300
333333 advise the coordinating board of the views of the 301
334334 institutions on matters within the purview of the 302
335335 coordinating board. 303
336336 4. The University of Missouri, Lincoln University, and 304
337337 all other state-governed colleges and universities, chapters 305
338338 172, 174, 175, and others, are transferred by type III 306
339339 transfers to the department of higher education and 307
340340 workforce development subject to the provisions of 308
341341 subsection 2 of this section. 309
342342 5. The state historical society, chapter 183, is 310
343343 transferred by type III transfer to the University of 311
344344 Missouri. 312
345345 6. The state anatomical board, chapter 194, is 313
346346 transferred by type II transfer to the department of higher 314
347347 education and workforce development. 315
348348 7. All the powers, duties and functions vested in the 316
349349 division of public schools and state board of educat ion 317
350350 relating to community college state aid and the supervision, 318
351351 formation of districts and all matters otherwise related to 319
352352 the state's relations with community college districts and 320
353353 matters pertaining to community colleges in public school 321 SB 11 12
354354 districts, chapters 163, 178, and others, are transferred to 322
355355 the coordinating board for higher education by type I 323
356356 transfer. Provided, however, that all responsibility for 324
357357 administering the federal -state programs of vocational - 325
358358 technical education, except for t he 1202a postsecondary 326
359359 educational amendments of 1972 program, shall remain with 327
360360 the department of elementary and secondary education. The 328
361361 department of elementary and secondary education and the 329
362362 coordinating board for higher education shall cooperate in 330
363363 developing the various plans for vocational -technical 331
364364 education; however, the ultimate responsibility will remain 332
365365 with the state board of education. 333
366366 8. All the powers, duties, functions, and properties 334
367367 of the state poultry experiment station, chapter 262, are 335
368368 transferred by type I transfer to the University of 336
369369 Missouri, and the state poultry association and state 337
370370 poultry board are abolished. In the event the University of 338
371371 Missouri shall cease to use the real estate of the poultry 339
372372 experiment station for the purposes of research or shall 340
373373 declare the same surplus, all real estate shall revert to 341
374374 the governor of the state of Missouri and shall not be 342
375375 disposed of without legislative approval. 343
376376 173.030. The coordinating board, in addition, shall 1
377377 have responsibility, within the provisions of the 2
378378 constitution and the statutes of the state of Missouri, for: 3
379379 (1) Requesting the governing boards of all state - 4
380380 supported institutions of higher education, and of major 5
381381 private institutions to submit to the coordinating board any 6
382382 proposed policy changes which would create additional 7
383383 institutions of higher education, additional residence 8
384384 centers, or major additions in degree and certificate 9 SB 11 13
385385 programs, and make pertinent reco mmendations relating 10
386386 thereto; 11
387387 (2) Recommending to the governing board of any 12
388388 institution of higher education in the state the 13
389389 development, consolidation, or elimination of programs, 14
390390 degree offerings, physical facilities or policy changes 15
391391 where that action is deemed by the coordinating board as in 16
392392 the best interests of the institutions themselves and/or the 17
393393 general requirements of the state. Recommendations shall be 18
394394 submitted to governing boards by twelve months preceding the 19
395395 term in which the action may take effect; 20
396396 (3) Recommending to the governing boards of state - 21
397397 supported institutions of higher education, including public 22
398398 community colleges receiving state support, formulas to be 23
399399 employed in specifying plans for general operations , for 24
400400 development and expansion, and for requests for 25
401401 appropriations from the general assembly. Such 26
402402 recommendations will be submitted to the governing boards by 27
403403 April first of each year preceding a regular session of the 28
404404 general assembly of the stat e of Missouri; 29
405405 (4) Promulgating rules to include selected off -campus 30
406406 instruction in public college and university appropriation 31
407407 recommendations where prior need has been established in 32
408408 areas designated by the coordinating board for higher 33
409409 education. Funding for such off -campus instruction shall be 34
410410 included in the appropriation recommendations, shall be 35
411411 determined by the general assembly and shall continue, 36
412412 within the amounts appropriated therefor, unless the general 37
413413 assembly disapproves the a ction by concurrent resolution; 38
414414 (5) Coordinating reciprocal agreements between or 39
415415 among Missouri state institutions of higher education at the 40
416416 request of one or more of the institutions party to the 41 SB 11 14
417417 agreement, and between or among Missouri state i nstitutions 42
418418 of higher education and publicly supported higher education 43
419419 institutions located outside the state of Missouri at the 44
420420 request of any Missouri institution party to the agreement; 45
421421 (6) Entering into agreements for interstate 46
422422 reciprocity regarding the delivery of postsecondary distance 47
423423 education, administering such agreements, and approving or 48
424424 disapproving applications to participate in such agreements 49
425425 from a postsecondary institution that has its principal 50
426426 campus in the state of Misso uri: 51
427427 (a) The coordinating board shall establish standards 52
428428 for institutional approval. Those standards shall include, 53
429429 but are not limited to the: 54
430430 a. Definition of physical presence for non -Missouri 55
431431 institutions serving Missouri residents con sistent with 56
432432 other states' definitions of physical presence; and 57
433433 b. Establishment of consumer protection policies for 58
434434 distance education addressing recruitment and marketing 59
435435 activities; disclosure of tuition, fees, and other charges; 60
436436 disclosure of admission processes and procedures; and 61
437437 student complaints; 62
438438 (b) The coordinating board shall establish policies 63
439439 for the review and resolution of student complaints arising 64
440440 from distance education programs offered under the agreement; 65
441441 (c) The coordinating board may charge fees to any 66
442442 institution that applies to participate in an interstate 67
443443 postsecondary distance education reciprocity agreement 68
444444 authorized pursuant to this section. Such fees shall not 69
445445 exceed the coordinating board for hig her education's cost of 70
446446 reviewing and evaluating the applications; and 71
447447 (d) The coordinating board shall promulgate rules to 72
448448 implement the provisions of this subdivision. Any rule or 73 SB 11 15
449449 portion of a rule, as that term is defined in section 74
450450 536.010, that is created under the authority delegated in 75
451451 this section shall become effective only if it complies with 76
452452 and is subject to all of the provisions of chapter 536 and, 77
453453 if applicable, section 536.028. This section and chapter 78
454454 536 are nonseverable and if any of the powers vested with 79
455455 the general assembly pursuant to chapter 536 to review, to 80
456456 delay the effective date, or to disapprove and annul a rule 81
457457 are subsequently held unconstitutional, then the grant of 82
458458 rulemaking authority and any rule propose d or adopted after 83
459459 August 28, 2014, shall be invalid and void; 84
460460 (7) Administering the nurse training incentive fund; 85
461461 (8) Conducting, in consultation with each public four - 86
462462 year institution's governing board and the governing board 87
463463 of technical colleges and community colleges, a review every 88
464464 five years of the mission statements of the institutions 89
465465 comprising Missouri's system of public higher education. 90
466466 This review shall be based upon the needs of the citizens of 91
467467 the state as well as the re quirements of business, industry, 92
468468 the professions and government. The purpose of this review 93
469469 shall be to ensure that Missouri's system of higher 94
470470 education is responsive to the state's needs and is focused, 95
471471 balanced, cost-effective, and characterized b y programs of 96
472472 high quality as demonstrated by student performance and 97
473473 program outcomes. As a component of this review, each 98
474474 institution shall prepare, in a manner prescribed by the 99
475475 coordinating board, a mission implementation plan for the 100
476476 coordinating board's consideration and approval. If the 101
477477 coordinating board determines that an institution has 102
478478 qualified for a mission change or additional targeted 103
479479 resources pursuant to review conducted under this 104
480480 subdivision and subdivision (9) of this subsecti on, the 105 SB 11 16
481481 coordinating board shall submit a report to the general 106
482482 assembly that outlines the proposed mission change or 107
483483 targeted state resources. No change of mission for an 108
484484 institution under this subdivision establishing a statewide 109
485485 mission shall become effective until the general assembly 110
486486 approves the proposed mission change by concurrent 111
487487 resolution, except for the institution defined pursuant to 112
488488 subdivision (1) of section 174.010, and has been approved by 113
489489 the coordinating board and the institutio ns for which the 114
490490 coordinating board has recommended a statewide mission prior 115
491491 to August 28, 1995. The effective date of any mission 116
492492 change under this subdivision shall be the first day of July 117
493493 immediately following the approval of the concurrent 118
494494 resolution by the general assembly as required under this 119
495495 subdivision, and shall be August 28, 1995, for any 120
496496 institution for which the coordinating board has recommended 121
497497 a statewide mission which has not yet been implemented on 122
498498 such date. Nothing in this subdivision shall preclude an 123
499499 institution from initiating a request to the coordinating 124
500500 board for a revision of its mission; and 125
501501 (9) Reviewing applications from institutions seeking a 126
502502 statewide mission. Such institutions shall provide evidence 127
503503 to the coordinating board that they have the capacity to 128
504504 discharge successfully such a mission. Such evidence shall 129
505505 consist of the following: 130
506506 (a) That the institution enrolls a representative 131
507507 cross-section of Missouri students. Examples of evidence 132
508508 for meeting this requirement which the institution may 133
509509 present include, but are not limited to, the following: 134
510510 enrolling at least forty percent of its Missouri resident, 135
511511 first-time degree-seeking freshmen from outside its historic 136
512512 statutory service region; enrolling its Missouri 137 SB 11 17
513513 undergraduate students from at least eighty percent of all 138
514514 Missouri counties; or enrolling one or more groups of 139
515515 special population students such as minorities, economically 140
516516 disadvantaged, or physically disadvantaged fro m outside its 141
517517 historic statutory service region at rates exceeding state 142
518518 averages of such populations enrolled in the higher 143
519519 educational institutions of this state; 144
520520 (b) That the institution offers one or more programs 145
521521 of unusual strength which re spond to a specific statewide 146
522522 need. Examples of evidence of meeting this requirement 147
523523 which the institution may present include, but are not 148
524524 limited to, the following: receipt of national, discipline - 149
525525 specific accreditation when available; receipt of 150
526526 independent certification for meeting national or state 151
527527 standards or requirements when discipline -specific 152
528528 accreditation is not available; for occupationally specific 153
529529 programs, placement rates significantly higher than average; 154
530530 for programs for which s tate or national licensure is 155
531531 required or for which state or national licensure or 156
532532 registration is available on a voluntary basis, licensure or 157
533533 registration rates for graduates seeking such recognition 158
534534 significantly higher than average; or quality of p rogram 159
535535 faculty as measured by the percentage holding terminal 160
536536 degrees, the percentage writing publications in professional 161
537537 journals or other appropriate media, and the percentage 162
538538 securing competitively awarded research grants which are 163
539539 higher than average; 164
540540 (c) That the institution has a clearly articulated 165
541541 admission standard consistent with the provisions of 166
542542 subdivision [(6)] (5) of subsection 2 of section 173.005 or 167
543543 section 174.130; 168 SB 11 18
544544 (d) That the institution is characterized by a focused 169
545545 academic environment which identifies specific but limited 170
546546 areas of academic emphasis at the undergraduate, and if 171
547547 appropriate, at the graduate and professional school levels, 172
548548 including the identification of programs to be continued, 173
549549 reduced, terminated or targeted for excellence. The 174
550550 institution shall, consistent with its focused academic 175
551551 environment, also have the demonstrable capacity to provide 176
552552 significant public service or research support that address 177
553553 statewide needs for constituencies beyo nd its historic 178
554554 statutory service region; and 179
555555 (e) That the institution has adopted and maintains a 180
556556 program of continuous quality improvement, or the equivalent 181
557557 of such a program, and reports annually appropriate and 182
558558 verifiable measures of institu tional accountability related 183
559559 to such program. Such measures shall include, but not be 184
560560 limited to, indicators of student achievement and 185
561561 institutional mission attainment such as percentage of 186
562562 students meeting institutional admission standards; success 187
563563 of remediation programs, if offered; student retention rate; 188
564564 student graduation rate; objective measures of student, 189
565565 alumni, and employer satisfaction; objective measures of 190
566566 student learning in general education and the major, 191
567567 including written and o ral communication skills and critical 192
568568 thinking skills; percentage of students attending graduate 193
569569 or professional schools; student placement, licensure and 194
570570 professional registration rates when appropriate to a 195
571571 program's objectives; objective measures of successful 196
572572 attainment of statewide goals as may be expressed from time 197
573573 to time by the coordinating board or by the general 198
574574 assembly; and objective measures of faculty teaching 199
575575 effectiveness. In the development and evaluation of these 200 SB 11 19
576576 institutional accountability reports, the coordinating board 201
577577 and institutions are expected to use multiple measures of 202
578578 success, including nationally developed and verified as well 203
579579 as locally developed and independently verified assessment 204
580580 instruments; however, prefer ence shall be given to 205
581581 nationally developed instruments when they are available and 206
582582 if they are appropriate. Institutions which serve or seek 207
583583 to serve a statewide mission shall be judged to have met the 208
584584 prerequisites for such a mission when they demon strate to 209
585585 the coordinating board that they have met the criteria 210
586586 described in this subdivision. As a component of this 211
587587 process, each institution shall prepare, in a manner 212
588588 prescribed by the coordinating board, a mission 213
589589 implementation plan for the co ordinating board's 214
590590 consideration and approval. 215
591591 173.040. The coordinating board is directed to submit 1
592592 a written report to the governor or governor -elect at least 2
593593 forty-five days prior to the opening of each regular session 3
594594 of the general assembly and to submit the same report to the 4
595595 general assembly within five days after the opening of each 5
596596 regular session. The report shall include: 6
597597 (1) A statement of the initial coordinated plan for 7
598598 higher education in Missouri, together w ith subsequent 8
599599 changes and implementations; 9
600600 (2) A review of recent changes in enrollments and 10
601601 programs among institutions of higher education in the state; 11
602602 (3) A review of requests and recommendations made by 12
603603 the coordinating board to instit utions of higher education 13
604604 in accordance with section 173.030 and of the college's or 14
605605 university's response to requests and recommendations, 15
606606 including noncompliance therewith; 16 SB 11 20
607607 (4) The coordinating board's recommendations for 17
608608 development and coord ination in state-supported higher 18
609609 education in the forthcoming biennium, within the context of 19
610610 the long-range coordinated plan; 20
611611 (5) The coordinating board's budget recommendations 21
612612 for each state-supported college or university for the 22
613613 forthcoming biennium; and 23
614614 (6) The campus-level data on student persistence and a 24
615615 description, including the basis of measurement, of progress 25
616616 towards implementing revised remediation, transfer, and 26
617617 retention practices under subdivisions [(7) and (9)] (6) and 27
618618 (8) of subsection 2 of section 173.005. 28
619619 173.616. 1. The following schools, training programs, 1
620620 and courses of instruction shall be exempt from the 2
621621 provisions of sections 173.600 to 173.618: 3
622622 (1) A public institution; 4
623623 (2) Any college or university represented directly or 5
624624 indirectly on the advisory committee of the coordinating 6
625625 board for higher education as provided in subsection 3 of 7
626626 section 173.005; 8
627627 (3) An institution that is certified by the board as 9
628628 an approved private institution under subdivision (2) of 10
629629 subsection 1 of section 173.1102; 11
630630 (4) A not-for-profit religious school that is 12
631631 accredited by the American Association of Bible Colleges, 13
632632 the Association of Theological Schools in the United States 14
633633 and Canada, or a regional accrediting association, such as 15
634634 the North Central Association, which is recognized by the 16
635635 Council on Postsecondary Accreditation and the United States 17
636636 Department of Education; and 18 SB 11 21
637637 (5) Beginning July 1, 2008, all out -of-state public 19
638638 institutions of higher education, as such term is defined in 20
639639 subdivision [(14)] (13) of subsection 2 of section 173.005. 21
640640 2. The coordinating board shall exempt the following 22
641641 schools, training programs and courses of instruction from 23
642642 the provisions of sections 173.600 to 173.618: 24
643643 (1) A not-for-profit school owned, controlled and 25
644644 operated by a bona fide religious or denominational 26
645645 organization which offers no programs or degrees and grants 27
646646 no degrees or certificates other than tho se specifically 28
647647 designated as theological, bible, divinity or other 29
648648 religious designation; 30
649649 (2) A not-for-profit school owned, controlled and 31
650650 operated by a bona fide eleemosynary organization which 32
651651 provides instruction with no financial charge to its 33
652652 students and at which no part of the instructional cost is 34
653653 defrayed by or through programs of governmental student 35
654654 financial aid, including grants and loans, provided directly 36
655655 to or for individual students; 37
656656 (3) A school which offers instructi on only in subject 38
657657 areas which are primarily for avocational or recreational 39
658658 purposes as distinct from courses to teach employable, 40
659659 marketable knowledge or skills, which does not advertise 41
660660 occupational objectives and which does not grant degrees; 42
661661 (4) A course of instruction, study or training program 43
662662 sponsored by an employer for the training and preparation of 44
663663 its own employees; 45
664664 (5) A course of study or instruction conducted by a 46
665665 trade, business or professional organization with a closed 47
666666 membership where participation in the course is limited to 48
667667 bona fide members of the trade, business or professional 49
668668 organization, or a course of instruction for persons in 50 SB 11 22
669669 preparation for an examination given by a state board or 51
670670 commission where the s tate board or commission approves that 52
671671 course and school; 53
672672 (6) A school or person whose clientele are primarily 54
673673 students aged sixteen or under; 55
674674 (7) A yoga teacher training course, program, or school. 56
675675 3. A school which is otherwise licens ed and approved 57
676676 under and pursuant to any other licensing law of this state 58
677677 shall be exempt from sections 173.600 to 173.618, but a 59
678678 state certificate of incorporation shall not constitute 60
679679 licensing for the purpose of sections 173.600 to 173.618. 61
680680 4. Any school, training program or course of 62
681681 instruction exempted herein may elect by majority action of 63
682682 its governing body or by action of its director to apply for 64
683683 approval of the school, training program or course of 65
684684 instruction under the provisions of sections 173.600 to 66
685685 173.618. Upon application to and approval by the 67
686686 coordinating board, such school training program or course 68
687687 of instruction may become exempt from the provisions of 69
688688 sections 173.600 to 173.618 at any subsequent time, except 70
689689 the board shall not approve an application for exemption if 71
690690 the approved school is then in any status of noncompliance 72
691691 with certification standards and a reversion to exempt 73
692692 status shall not relieve the school of any liability for 74
693693 indemnification or any p enalty for noncompliance with 75
694694 certification standards during the period of the school's 76
695695 approved status. 77
696696 173.750. 1. By July 1, 1995, the coordinating board 1
697697 for higher education, within existing resources provided to 2
698698 the department of higher education and workforce development 3
699699 and by rule and regulation, shall have established and 4
700700 implemented a procedure for annually reporting the 5 SB 11 23
701701 performance of graduates of public high schools in the state 6
702702 during the student's initial year in t he public colleges and 7
703703 universities of the state. The purpose of such reports 8
704704 shall be to assist in determining how high schools are 9
705705 preparing students for successful college and university 10
706706 performance. The report produced pursuant to this 11
707707 subsection shall annually be furnished to the state board of 12
708708 education for reporting pursuant to subsection 4 of section 13
709709 161.610 and shall not be used for any other purpose until 14
710710 such time that a standard process and consistent, specific 15
711711 criteria for determinin g a student's need for remedial 16
712712 coursework is agreed upon by the coordinating board for 17
713713 higher education, higher education institutions, and the 18
714714 state board of education. 19
715715 2. The procedures shall be designed so that the 20
716716 reporting is made by the na me of each high school in the 21
717717 state, with individual student data to be grouped according 22
718718 to the high school from which the students graduated. The 23
719719 data in the reports shall be disaggregated by race and sex. 24
720720 The procedures shall not be designed so th at the reporting 25
721721 contains the name of any student. No grade point average 26
722722 shall be disclosed under subsection 3 of this section in any 27
723723 case where three or fewer students from a particular high 28
724724 school attend a particular college or university. 29
725725 3. The data reported shall include grade point 30
726726 averages after the initial college year, calculated on, or 31
727727 adjusted to, a four point grade scale; the percentage of 32
728728 students returning to college after the first and second 33
729729 half of the initial college year, or after each trimester of 34
730730 the initial college year; the percentage of students taking 35
731731 noncollege level classes in basic academic courses during 36
732732 the first college year, or remedial courses in basic 37 SB 11 24
733733 academic subjects of English, mathematics, or reading; and 38
734734 other such data as determined by rule and regulation of the 39
735735 coordinating board for higher education. 40
736736 4. The department of elementary and secondary 41
737737 education shall conduct a review of its policies and 42
738738 procedures relating to remedial education in light of the 43
739739 best practices in remediation identified as required by 44
740740 subdivision [(7)] (6) of subsection 2 of section 173.005 to 45
741741 ensure that school districts are informed about best 46
742742 practices to reduce the need for remediation. The 47
743743 department shall present its results to the joint committee 48
744744 on education by October 31, 2017. 49
745745 174.160. The board of regents of each state college 1
746746 and each state teachers college shall have power and 2
747747 authority to confer upon students, by diploma un der the 3
748748 common seal, such degrees as are usually granted by such 4
749749 colleges, and additional degrees only when authorized by the 5
750750 coordinating board for higher education in circumstances in 6
751751 which offering such degree would not unnecessarily duplicate 7
752752 an existing program, collaboration is not feasible or a 8
753753 viable means of meeting the needs of students and employers, 9
754754 and the institution has the academic and financial capacity 10
755755 to offer the program in a high -quality manner. In the case 11
756756 of nonresearch doctoral degrees in allied health 12
757757 professions, an institution may be authorized to offer such 13
758758 degree independently if offering it in collaboration with 14
759759 another institution would not increase the quality of the 15
760760 program or allow it to be delivered more effic iently. [Such 16
761761 boards shall have the power and authority to confer degrees 17
762762 in engineering only in collaboration with the University of 18
763763 Missouri, provided that such collaborative agreements are 19
764764 approved by the governing board of each institution and tha t 20 SB 11 25
765765 in these instances the University of Missouri will be the 21
766766 degree-granting institution. Should the University of 22
767767 Missouri decline to collaborate in the offering of such 23
768768 programs, one of these institutions may seek approval of the 24
769769 program through the coordinating board for higher 25
770770 education's comprehensive review process when doing so would 26
771771 not unnecessarily duplicate an existing program, 27
772772 collaboration is not feasible or a viable means of meeting 28
773773 the needs of students and employers, and the institu tion has 29
774774 the academic and financial capacity to offer the program in 30
775775 a high-quality manner.] 31
776776 174.231. 1. On and after August 28, 2005, the 1
777777 institution formerly known as Missouri Southern State 2
778778 College located in Joplin, Jasper Coun ty, shall be known as 3
779779 "Missouri Southern State University". Missouri Southern 4
780780 State University is hereby designated and shall hereafter be 5
781781 operated as a statewide institution of international or 6
782782 global education. The Missouri Southern State Universit y is 7
783783 hereby designated a moderately selective institution which 8
784784 shall provide associate degree programs except as provided 9
785785 in subsection 2 of this section, baccalaureate degree 10
786786 programs, and graduate degree programs pursuant to 11
787787 subdivisions (1) and [(3)] (2) of subsection 2 of section 12
788788 173.005. The institution shall develop such academic 13
789789 support programs and public service activities it deems 14
790790 necessary and appropriate to establish international or 15
791791 global education as a distinctive theme of its miss ion. 16
792792 2. As of July 1, 2008, Missouri Southern State 17
793793 University shall discontinue any and all associate degree 18
794794 programs unless the continuation of such associate degree 19
795795 programs is approved by the coordinating board for higher 20 SB 11 26
796796 education pursuant t o subdivision (1) of subsection 2 of 21
797797 section 173.005. 22
798798 174.251. 1. On and after August 28, 2005, the 1
799799 institution formerly known as Missouri Western State College 2
800800 at St. Joseph, Buchanan County, shall hereafter be known as 3
801801 the "Missouri Western State University". Missouri Western 4
802802 State University is hereby designated and shall hereafter be 5
803803 operated as a statewide institution of applied learning. 6
804804 The Missouri Western State University is hereby designated 7
805805 an open enrollment instit ution which shall provide associate 8
806806 degree programs except as provided in subsection 2 of this 9
807807 section, baccalaureate degree programs, and graduate degree 10
808808 programs pursuant to subdivisions (1) and [(3)] (2) of 11
809809 subsection 2 of section 173.005. The institution shall 12
810810 develop such academic support programs as it deems necessary 13
811811 and appropriate to an open enrollment institution with a 14
812812 statewide mission of applied learning. 15
813813 2. As of July 1, 2010, Missouri Western State 16
814814 University shall discontinue any and all associate degree 17
815815 programs unless the continuation of such associate degree 18
816816 program is approved by the coordinating board for higher 19
817817 education pursuant to subdivision (1) of subsection 2 of 20
818818 section 173.005. 21
819819 174.310. 1. There shall be a period of orderly 1
820820 transition which shall begin with the appointment of the 2
821821 board of regents, during which the St. Louis board of 3
822822 education shall convey by gift, the buildings, facilities, 4
823823 equipment, and adjoining eight acres, more or le ss, of 5
824824 realty located at 3026 Laclede Avenue, St. Louis, Missouri, 6
825825 which currently serves as the campus of Harris -Stowe State 7
826826 College, to the board of regents, and during which time the 8
827827 St. Louis board of education, at its own expense, shall 9 SB 11 27
828828 continue to provide necessary supporting services to Harris - 10
829829 Stowe State College. The transition period shall terminate 11
830830 no later than July 1, 1979, at which time the regents shall 12
831831 be responsible for every aspect of the college's operation. 13
832832 2. Notwithstanding any other provisions of this 14
833833 chapter to the contrary, the board of regents of Harris - 15
834834 Stowe State College is authorized to offer baccalaureate 16
835835 degree programs and graduate degree programs that will meet 17
836836 the needs of the St. Louis metropolitan area. Such programs 18
837837 shall be subject to approval by the coordinating board for 19
838838 higher education as provided for in subdivisions (1) and 20
839839 [(3)] (2) of subsection 2 of section 173.005. 21
840840 3. The state shall, effective July 1, 1978, provide 22
841841 the necessary funds to fully staff and operate Harris -Stowe 23
842842 State College and to make appropriate capital improvements. 24
843843 4. On and after August 28, 2005, Harris -Stowe State 25
844844 College shall be known as Harris -Stowe State University, and 26
845845 the provisions contained in subs ections 1 to 3 of this 27
846846 section shall continue to apply to the institution. 28
847847