Missouri 2025 Regular Session

Missouri Senate Bill SB690 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 690
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR GREGORY (21).
8	8	2702S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 173.612 and 173.616, RSMo, and to enact in lieu thereof two new sections
11	11	relating to proprietary schools.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 173.612 and 173.616, RSMo, are 1
15	15	repealed and two new sections enacted in lieu thereof, to be 2
16	16	known as sections 173.612 and 173.616, to read as fo llows:3
17	17	173.612. 1. The board shall, through the department 1
18	18	of higher education and workforce development, administer, 2
19	19	supervise, and enforce the provisions and policies of 3
20	20	sections 173.600 to 173.618 and shall assign the personnel 4
21	21	that are necessary to exercise its powers and duties. 5
22	22	2. The rules and regulations adopted by the board 6
23	23	under sections 173.600 to 173.618, together with any 7
24	24	amendments thereto, shall be filed with the office of the 8
25	25	secretary of state. The board may: 9
26	26	(1) Issue proprietary school certificates of approval 10
27	27	or temporary certificates of approval to applicants meeting 11
28	28	the requirements of sections 173.600 to 173.618; 12
29	29	(2) Suspend or revoke certificates or temporary 13
30	30	certificates of approval, or place cert ified schools on 14
31	31	probation; 15
32	32	(3) Require each proprietary school to file a security 16
33	33	bond with the board, through the department of higher 17
34	34	education and workforce development, covering the school and 18 SB 690 2
35	35	its agents to indemnify any student, enrollee or parent, 19
36	36	guardian, or sponsor of a student or enrollee who suffers 20
37	37	loss or damage because of a violation of sections 173.600 to 21
38	38	173.618 by the school, or because a student is unable to 22
39	39	complete the course due to the school's ceasing operation or 23
40	40	because a student does not receive a refund to which he is 24
41	41	entitled. In the event a student, enrollee or parent, 25
42	42	guardian, or sponsor of a student suffers loss or damage 26
43	43	because of a violation of sections 173.600 to 173.618 by the 27
44	44	school, or a student is u nable to complete a course or 28
45	45	program due to the school ceasing operations, or a student 29
46	46	does not receive a refund to which such student is entitled, 30
47	47	the school shall forfeit the entirety of the security bond 31
48	48	to the department of higher education and w orkforce 32
49	49	development, and such department shall utilize the proceeds 33
50	50	of the security bond to indemnify students and to secure and 34
51	51	administer student records as appropriate. The bond or 35
52	52	other security shall cover all the facilities and locations 36
53	53	of a proprietary school and shall not be less than five 37
54	54	thousand dollars or ten percent of the preceding year's 38
55	55	gross tuition, whichever is greater, but in no case shall it 39
56	56	exceed one hundred thousand dollars. The bond shall clearly 40
57	57	state that the school a nd the agents of the school are 41
58	58	covered by it. The board may authorize the use of 42
59	59	certificates of deposit, letters of credit, or other assets 43
60	60	to be posted as security in lieu of this surety bond 44
61	61	requirement; 45
62	62	(4) Collect only that data from certi fied proprietary 46
63	63	schools necessary to administer, supervise, and enforce the 47
64	64	provisions of sections 173.600 to 173.619. The department 48
65	65	shall, subject to appropriations, provide a system to 49
66	66	electronically submit all data; 50 SB 690 3
67	67	(5) Review proposals for new programs within ninety 51
68	68	days from the date that a certified school submits a new 52
69	69	program for review, and review proposals for revised 53
70	70	programs within sixty days from the date that a certified 54
71	71	school submits a revised program for review. If the 55
72	72	department fails to review a proposal for a new or revised 56
73	73	program within the prescribed time frame, the school shall 57
74	74	be permitted to offer the program until the department 58
75	75	completes its review and identifies a substantive issue or 59
76	76	issues that need corre ction. In such case the department 60
77	77	shall notify the school within an additional ninety days and 61
78	78	the school shall then have ninety days from the date it is 62
79	79	informed that a program offering has a deficiency to correct 63
80	80	the deficiency without having to ce ase offering the program; 64
81	81	(6) Administer sections 173.600 to 173.618 and 65
82	82	initiate action to enforce it. 66
83	83	3. Any school which closes or whose certificate of 67
84	84	approval is suspended, revoked, or not renewed shall, on the 68
85	85	approval of the coordinat ing board, make partial or full 69
86	86	refund of tuition and fees to the students enrolled, 70
87	87	continue operation under a temporary certificate until 71
88	88	students enrolled have completed the program for which they 72
89	89	were enrolled, make arrangements for another school or 73
90	90	schools to complete the instruction for which the students 74
91	91	are enrolled, employ a combination of these methods in order 75
92	92	to fulfill its obligations to the students, or implement 76
93	93	other plans approved by the coordinating board. 77
94	94	4. Any rule or portion of a rule promulgated pursuant 78
95	95	to sections 173.600 to 173.618 may be suspended by the joint 79
96	96	house-senate committee on administrative rules until such 80
97	97	time as the general assembly may by concurrent resolution 81
98	98	signed by the governor reinstate such r ule. 82 SB 690 4
99	99	173.616. 1. The following schools, training programs, 1
100	100	and courses of instruction shall be exempt from the 2
101	101	provisions of sections 173.600 to 173.618: 3
102	102	(1) A public institution; 4
103	103	(2) Any college or university represented directly or 5
104	104	indirectly on the advisory committee of the coordinating 6
105	105	board for higher education as provided in subsection 3 of 7
106	106	section 173.005; 8
107	107	(3) An institution that is certified by the board as 9
108	108	an approved private institution under subdivisio n (2) of 10
109	109	subsection 1 of section 173.1102; 11
110	110	(4) A not-for-profit religious school that is 12
111	111	accredited by the American Association of Bible Colleges, 13
112	112	the Association of Theological Schools in the United States 14
113	113	and Canada, or a regional accrediting a ssociation, such as 15
114	114	the North Central Association, which is recognized by the 16
115	115	Council on Postsecondary Accreditation and the United States 17
116	116	Department of Education; and 18
117	117	(5) Beginning July 1, 2008, all out -of-state public 19
118	118	institutions of higher edu cation, as such term is defined in 20
119	119	subdivision (14) of subsection 2 of section 173.005. 21
120	120	2. The coordinating board shall exempt the following 22
121	121	schools, training programs and courses of instruction from 23
122	122	the provisions of sections 173.600 to 173.618: 24
123	123	(1) A not-for-profit school owned, controlled and 25
124	124	operated by a bona fide religious or denominational 26
125	125	organization which offers no programs or degrees and grants 27
126	126	no degrees or certificates other than those specifically 28
127	127	designated as theological, bible, divinity or other 29
128	128	religious designation; 30
129	129	(2) A not-for-profit school owned, controlled and 31
130	130	operated by a bona fide eleemosynary organization which 32 SB 690 5
131	131	provides instruction with no financial charge to its 33
132	132	students and at which no part of the in structional cost is 34
133	133	defrayed by or through programs of governmental student 35
134	134	financial aid, including grants and loans, provided directly 36
135	135	to or for individual students; 37
136	136	(3) A school which offers instruction only in subject 38
137	137	areas which are primaril y for avocational or recreational 39
138	138	purposes as distinct from courses to teach employable, 40
139	139	marketable knowledge or skills, which does not advertise 41
140	140	occupational objectives and which does not grant degrees; 42
141	141	(4) A course of instruction, study or train ing program 43
142	142	sponsored by an employer for the training and preparation of 44
143	143	its own employees; 45
144	144	(5) A course of instruction, study, or training 46
145	145	program offered by a training provider as part of a 47
146	146	registered apprenticeship, as approved by the United S tates 48
147	147	Department of Labor, or a course of instruction, study, or 49
148	148	training program offered by a training provider as part of a 50
149	149	pre-apprenticeship approved by the office of workforce 51
150	150	development in the department of higher education and 52
151	151	workforce development as determined in reference to 53
152	152	standards promulgated by such department; 54
153	153	(6) A course of study or instruction conducted by a 55
154	154	trade, business or professional organization with a closed 56
155	155	membership where participation in the course is limited to 57
156	156	bona fide members of the trade, business or professional 58
157	157	organization, or a course of instruction for persons in 59
158	158	preparation for an examination given by a state board or 60
159	159	commission where the state board or commission approves that 61
160	160	course and school; 62
161	161	[(6)] (7) A school or person whose clientele are 63
162	162	primarily students aged sixteen or under; 64 SB 690 6
163	163	[(7)] (8) A yoga teacher training course, program, or 65
164	164	school. 66
165	165	3. A school which is otherwise licensed and approved 67
166	166	under and pursuant to any oth er licensing law of this state 68
167	167	shall be exempt from sections 173.600 to 173.618, but a 69
168	168	state certificate of incorporation shall not constitute 70
169	169	licensing for the purpose of sections 173.600 to 173.618. 71
170	170	4. Any school, training program or course of 72
171	171	instruction exempted herein may elect by majority action of 73
172	172	its governing body or by action of its director to apply for 74
173	173	approval of the school, training program or course of 75
174	174	instruction under the provisions of sections 173.600 to 76
175	175	173.618. Upon application to and approval by the 77
176	176	coordinating board, such school training program or course 78
177	177	of instruction may become exempt from the provisions of 79
178	178	sections 173.600 to 173.618 at any subsequent time, except 80
179	179	the board shall not approve an application for ex emption if 81
180	180	the approved school is then in any status of noncompliance 82
181	181	with certification standards and a reversion to exempt 83
182	182	status shall not relieve the school of any liability for 84
183	183	indemnification or any penalty for noncompliance with 85
184	184	certification standards during the period of the school's 86
185	185	approved status. 87
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