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SECOND REGULAR SESSION
SENATE BILL NO. 1674
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
7212S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 173.005, RSMo, and to enact in lieu thereof one new section relating to student
representation on the coordinating board for higher education, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 173.005, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 173.005, 2
to read as follows:3
173.005. 1. There is hereby created a "Department of 1
Higher Education and Workforce Development", and the 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 1974, 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 coordinating board who shall not 19
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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
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. Beginning January 1, 2027, the coordinating board 39
shall also include one nonvoting student representative 40
appointed as provided in subsection 9 of this section. In 41
addition to all other powers, duties and functions 42
transferred to it, the coordinating board for higher 43
education shall have the following duties and 44
responsibilities: 45
(1) The coordinating board for higher education may 46
approve, not approve, or provisionally approve proposed new 47
degree programs to be offered by the state institutions of 48
higher education. The coordinating board may authorize a 49
degree program outside an institution's coordinating board- 50
approved mission only when the coordinating board has 51
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received clear evidence that the institution proposing to 52
offer the program: 53
(a) Made a good-faith effort to explore the 54
feasibility of offering the program in collaboration with an 55
institution the mission of which includes offering the 56
program; 57
(b) Is contributing substantially to the goals in the 58
coordinating board's coordinated plan for higher education; 59
(c) Has the existing capacity to ensure the program is 60
delivered in a high-quality manner; 61
(d) Has demonstrated that the proposed program is 62
needed; 63
(e) Has a clear plan to meet the articulated workforce 64
need; and 65
(f) Such other factors deemed relevant by the 66
coordinating board; 67
(2) The governing board of each public institution of 68
higher education in the state shall have the power and 69
authority to confer degrees in chiropractic, osteopathic 70
medicine, and podiatry only in collaboration with the 71
University of Missouri, provided that such collaborative 72
agreements are approved by the governing board of each 73
institution and that in these instances the University of 74
Missouri will be the degree-granting institution. Should 75
the University of Missouri decline to collaborate in the 76
offering of such programs, any of these institutions may 77
seek approval of the program through the coordinating board 78
for higher education's comprehensive review process when 79
doing so would not unnecessarily duplicate an existing 80
program, collaboration is not feasible or a viable means of 81
meeting the needs of students and employers, and the 82
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institution has the academic and financial capacity to offer 83
the program in a high quality manner; 84
(3) The coordinating board for higher education may 85
promote and encourage the development of cooperative 86
agreements between Missouri public four-year institutions of 87
higher education which do not offer graduate degrees and 88
Missouri public four-year institutions of higher education 89
which do offer graduate degrees for the purpose of offering 90
graduate degree programs on campuses of those public four- 91
year institutions of higher education which do not otherwise 92
offer graduate degrees. Such agreements shall identify the 93
obligations and duties of the parties, including assignment 94
of administrative responsibility. Any diploma awarded for 95
graduate degrees under such a cooperative agreement shall 96
include the names of both institutions inscribed thereon. 97
Any cooperative agreement in place as of August 28, 2003, 98
shall require no further approval from the coordinating 99
board for higher education. Any costs incurred with respect 100
to the administrative provisions of this subdivision may be 101
paid from state funds allocated to the institution assigned 102
the administrative authority for the program. The 103
provisions of this subdivision shall not be construed to 104
invalidate the provisions of subdivision (1) of this 105
subsection; 106
(4) In consultation with the heads of the institutions 107
of higher education affected and against a background of 108
carefully collected data on enrollment, physical facilities, 109
manpower needs, and institutional missions, the coordinating 110
board for higher education shall establish guidelines for 111
appropriation requests by those institutions of higher 112
education; however, other provisions of the Reorganization 113
Act of 1974 notwithstanding, all funds shall be appropriated 114
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by the general assembly to the governing board of each 115
public four-year institution of higher education which shall 116
prepare expenditure budgets for the institution; 117
(5) No new state-supported senior colleges or 118
residence centers shall be established except as provided by 119
law and with approval of the coordinating board for higher 120
education; 121
(6) The coordinating board for higher education shall 122
establish admission guidelines consistent with institutional 123
missions; 124
(7) The coordinating board for higher education shall 125
require all public two-year and four-year higher education 126
institutions to replicate best practices in remediation 127
identified by the coordinating board and institutions from 128
research undertaken by regional educational laboratories, 129
higher education research organizations, and similar 130
organizations with expertise in the subject, and identify 131
and reduce methods that have been found to be ineffective in 132
preparing or retaining students or that delay students from 133
enrollment in college-level courses; 134
(8) The coordinating board shall establish policies 135
and procedures for institutional decisions relating to the 136
residence status of students; 137
(9) The coordinating board shall establish guidelines 138
to promote and facilitate the transfer of students between 139
institutions of higher education within the state and, with 140
the assistance of the committee on transfer and 141
articulation, shall require all public two-year and four- 142
year higher education institutions to create by July 1, 143
2014, a statewide core transfer library of at least twenty- 144
five lower division courses across all institutions that are 145
transferable among all public higher education 146
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institutions. The coordinating board shall establish 147
policies and procedures to ensure such courses are accepted 148
in transfer among public institutions and treated as 149
equivalent to similar courses at the receiving 150
institutions. The coordinating board shall develop a policy 151
to foster reverse transfer for any student who has 152
accumulated enough hours in combination with at least one 153
public higher education institution in Missouri that offers 154
an associate degree and one public four-year higher 155
education institution in the prescribed courses sufficient 156
to meet the public higher education institution's 157
requirements to be awarded an associate degree. The 158
department of elementary and secondary education shall 159
maintain the alignment of the assessments found in section 160
160.518 and successor assessments with the competencies 161
previously established under this subdivision for entry- 162
level collegiate courses in English, mathematics, foreign 163
language, sciences, and social sciences associated with an 164
institution's general education core; 165
(10) The coordinating board shall collect the 166
necessary information and develop comparable data for all 167
institutions of higher education in the state. The 168
coordinating board shall use this information to delineate 169
the areas of competence of each of these institutions and 170
for any other purposes deemed appropriate by the 171
coordinating board; 172
(11) Compliance with requests from the coordinating 173
board for institutional information and the other powers, 174
duties and responsibilities, herein assigned to the 175
coordinating board, shall be a prerequisite to the receipt 176
of any funds which the coordinating board is responsible for 177
administering; 178
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(12) If any institution of higher education in this 179
state, public or private, willfully fails or refuses to 180
follow any lawful guideline, policy or procedure established 181
or prescribed by the coordinating board, or knowingly 182
deviates from any such guideline, or knowingly acts without 183
coordinating board approval where such approval is required, 184
or willfully fails to comply with any other lawful order of 185
the coordinating board, the coordinating board may, after a 186
public hearing, withhold or direct to be withheld from that 187
institution any funds the disbursement of which is subject 188
to the control of the coordinating board, or may remove the 189
approval of the institution as an approved institution 190
within the meaning of section 173.1102. If any such public 191
institution willfully disregards board policy, the 192
commissioner of higher education may order such institution 193
to remit a fine in an amount not to exceed one percent of 194
the institution's current fiscal year state operating 195
appropriation to the board. The board shall hold such funds 196
until such time that the institution, as determined by the 197
commissioner of higher education, corrects the violation, at 198
which time the board shall refund such amount to the 199
institution. If the commissioner determines that the 200
institution has not redressed the violation within one year, 201
the fine amount shall be deposited into the general revenue 202
fund, unless the institution appeals such decision to the 203
full coordinating board, which shall have the authority to 204
make a binding and final decision, by means of a majority 205
vote, regarding the matter. However, nothing in this 206
section shall prevent any institution of higher education in 207
this state from presenting additional budget requests or 208
from explaining or further clarifying its budget requests to 209
the governor or the general assembly; 210
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(13) In recognition of institutions that meet the 211
requirements of subdivision (2), (3), or (4) of subsection 1 212
of section 173.616, are established by name as an 213
educational institution in Missouri, and are authorized to 214
operate programs beyond secondary education for purposes of 215
authorization under 34 CFR 600.9, the coordinating board for 216
higher education shall maintain and publish on its website a 217
list of such postsecondary educational institutions; and 218
(14) (a) As used in this subdivision, the term "out- 219
of-state public institution of higher education" shall mean 220
an education institution located outside of Missouri that: 221
a. Is controlled or administered directly by a public 222
agency or political subdivision or is classified as a public 223
institution by the state; 224
b. Receives appropriations for operating expenses 225
directly or indirectly from a state other than Missouri; 226
c. Provides a postsecondary course of instruction at 227
least six months in length leading to or directly creditable 228
toward a degree or certificate; 229
d. Meets the standards for accreditation by an 230
accrediting body recognized by the United States Department 231
of Education or any successor agency; and 232
e. Permits faculty members to select textbooks without 233
influence or pressure by any religious or sectarian source. 234
(b) No later than July 1, 2008, the coordinating board 235
shall promulgate rules regarding: 236
a. The board's approval process of proposed new degree 237
programs and course offerings by any out-of-state public 238
institution of higher education seeking to offer degree 239
programs or course work within the state of Missouri; and 240
b. The board's approval process of degree programs and 241
courses offered by any out-of-state public institutions of 242
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higher education that, prior to July 1, 2008, were approved 243
by the board to operate a school in compliance with the 244
provisions of sections 173.600 to 173.618. The rules shall 245
ensure that, as of July 1, 2008, all out-of-state public 246
institutions seeking to offer degrees and courses within the 247
state of Missouri are evaluated in a manner similar to 248
Missouri public higher education institutions. Such out-of- 249
state public institutions shall be held to standards no 250
lower than the standards established by the coordinating 251
board for program approval and the policy guidelines of the 252
coordinating board for data collection, cooperation, and 253
resolution of disputes between Missouri institutions of 254
higher education under this section. Any such out-of-state 255
public institutions of higher education wishing to continue 256
operating within this state must be approved by the board 257
under the rules promulgated under this subdivision. The 258
coordinating board may charge and collect fees from out-of- 259
state public institutions to cover the costs of reviewing 260
and assuring the quality of programs offered by out-of-state 261
public institutions. Any rule or portion of a rule, as that 262
term is defined in section 536.010, that is created under 263
the authority delegated in this section shall become 264
effective only if it complies with and is subject to all of 265
the provisions of chapter 536 and, if applicable, section 266
536.028. This section and chapter 536 are nonseverable and 267
if any of the powers vested with the general assembly under 268
chapter 536 to review, to delay the effective date, or to 269
disapprove and annul a rule are subsequently held 270
unconstitutional, then the grant of rulemaking authority and 271
any rule proposed or adopted after August 28, 2007, shall be 272
invalid and void. 273
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(c) Nothing in this subdivision or in section 173.616 274
shall be construed or interpreted so that students attending 275
an out-of-state public institution are considered to be 276
attending a Missouri public institution of higher education 277
for purposes of obtaining student financial assistance. 278
3. The coordinating board shall meet at least four 279
times annually with an advisory committee who shall be 280
notified in advance of such meetings. The coordinating 281
board shall have exclusive voting privileges. The advisory 282
committee shall consist of thirty-two members, who shall be 283
the president or other chief administrative officer of the 284
University of Missouri; the chancellor of each campus of the 285
University of Missouri; the president of each state- 286
supported four-year college or university, including Harris- 287
Stowe State University, Missouri Southern State University, 288
Missouri Western State University, and Lincoln University; 289
the president of State Technical College of Missouri; the 290
president or chancellor of each public community college 291
district; and representatives of each of five accredited 292
private institutions selected biennially, under the 293
supervision of the coordinating board, by the presidents of 294
all of the state's privately supported institutions; but 295
always to include at least one representative from one 296
privately supported community college, one privately 297
supported four-year college, and one privately supported 298
university. The conferences shall enable the committee to 299
advise the coordinating board of the views of the 300
institutions on matters within the purview of the 301
coordinating board. 302
4. The University of Missouri, Lincoln University, and 303
all other state-governed colleges and universities, chapters 304
172, 174, 175, and others, are transferred by type III 305
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transfers to the department of higher education and 306
workforce development subject to the provisions of 307
subsection 2 of this section. 308
5. The state historical society, chapter 183, is 309
transferred by type III transfer to the University of 310
Missouri. 311
6. The state anatomical board, chapter 194, is 312
transferred by type II transfer to the department of higher 313
education and workforce development. 314
7. All the powers, duties and functions vested in the 315
division of public schools and state board of education 316
relating to community college state aid and the supervision, 317
formation of districts and all matters otherwise related to 318
the state's relations with community college districts and 319
matters pertaining to community colleges in public school 320
districts, chapters 163, 178, and others, are transferred to 321
the coordinating board for higher education by type I 322
transfer. Provided, however, that all responsibility for 323
administering the federal-state programs of vocational- 324
technical education, except for the 1202a postsecondary 325
educational amendments of 1972 program, shall remain with 326
the department of elementary and secondary education. The 327
department of elementary and secondary education and the 328
coordinating board for higher education shall cooperate in 329
developing the various plans for vocational-technical 330
education; however, the ultimate responsibility will remain 331
with the state board of education. 332
8. All the powers, duties, functions, and properties 333
of the state poultry experiment station, chapter 262, are 334
transferred by type I transfer to the University of 335
Missouri, and the state poultry association and state 336
poultry board are abolished. In the event the University of 337
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Missouri shall cease to use the real estate of the poultry 338
experiment station for the purposes of research or shall 339
declare the same surplus, all real estate shall revert to 340
the governor of the state of Missouri and shall not be 341
disposed of without legislative approval. 342
9. (1) Beginning January 1, 2027, the governor shall, 343
by and with the advice and consent of the senate, appoint a 344
student representative to the coordinating board for higher 345
education, who shall attend all meetings and participate in 346
all deliberations of the board. Such student representative 347
shall not have the right to vote on any matter before the 348
board. 349
(2) The term of the student representative shall be 350
two years. If a vacancy occurs for any reason in the 351
position of student representative, the governor shall 352
appoint a replacement who meets the qualifications set forth 353
in this subsection and who shall serve until the student 354
representative's successor is appointed and qualified. 355
(3) The student representative shall be selected from 356
a panel of names of eligible candidates submitted to the 357
governor from each approved public institution, as the term 358
"approved public institution" is defined in section 359
173.1102. The student representative shall be a citizen of 360
the United States and a resident of the state of Missouri. 361
At the time of appointment, the student representative shall 362
be enrolled as a full-time student and shall be a current or 363
former student body president or a current or former student 364
representative to the board of regents, governors, or other 365
governing body of the approved public institution attended 366
by such student representative. 367
(4) Insofar as qualified candidates are submitted to 368
the governor, appointments under this subsection shall be 369
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made in rotation from among the state's approved public 370
institutions; provided that, after a student representative 371
has been appointed from one institution, no individual from 372
the same institution shall be eligible to serve as student 373
representative until at least three subsequent appointments 374
have been made and three years have passed. 375
(5) A student representative who graduates after 376
completing the first year of the term of office may continue 377
to serve until the end of the term. If the student 378
representative ceases to be a full-time student at the 379
approved public institution that nominated such student for 380
any reason other than graduation after serving at least one 381
year of the term of office, or ceases to be a resident of 382
the state of Missouri, or fails to follow the coordinating 383
board's attendance policy, the student representative's 384
position shall at once become vacant, unless the student 385
representative's absence is caused by sickness or some 386
accident preventing the student representative's arrival at 387
the time and place appointed for the meeting. 388
(6) While attending the meetings of the coordinating 389
board, the student representative shall be reimbursed for 390
actual expenses. 391
(7) Unless alternative arrangements for payment have 392
been made and agreed to by the student representative and 393
the approved public institution, the student representative 394
shall have paid all student and tuition fees due prior to 395
appointment and shall pay all future student and tuition 396
fees during the term of office when such fees are due. 397
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