173.005. Department of higher education created--agencies, divisions, transferred to department--coordinating board, appointment qualifications, terms, compensation, duties, advisory committee, member
Department of higher education created--agencies, divisions,transferred to department--coordinating board, appointmentqualifications, terms, compensation, duties, advisory committee,members.
173.005. 1. There is hereby created a "Department of Higher Education",and the division of higher education of the department of education isabolished and all its powers, duties, functions, personnel and property aretransferred as provided by the Reorganization Act of 1974, Appendix B, RSMo.
2. The commission on higher education is abolished and all its powers,duties, personnel and property are transferred by type I transfer to the"Coordinating Board for Higher Education", which is hereby created, and thecoordinating board shall be the head of the department. The coordinatingboard shall consist of nine members appointed by the governor with the adviceand consent of the senate, and not more than five of its members shall be ofthe same political party. None of the members shall be engaged professionallyas an educator or educational administrator with a public or privateinstitution of higher education at the time appointed or during his term. Theother qualifications, terms and compensation of the coordinating board shallbe the same as provided by law for the curators of the University of Missouri. The coordinating board may, in order to carry out the duties prescribed forit in subsections 1, 2, 3, 7, and 8 of this section, employ such professional,clerical and research personnel as may be necessary to assist it in performingthose duties, but this staff shall not, in any fiscal year, exceed twenty-fivefull-time equivalent employees regardless of the source of funding. Inaddition to all other powers, duties and functions transferred to it, thecoordinating board for higher education shall have the following duties andresponsibilities:
(1) The coordinating board for higher education shall have approval ofproposed new degree programs to be offered by the state institutions of highereducation;
(2) The coordinating board for higher education may promote andencourage the development of cooperative agreements between Missouri publicfour-year institutions of higher education which do not offer graduate degreesand Missouri public four-year institutions of higher education which do offergraduate degrees for the purpose of offering graduate degree programs oncampuses of those public four-year institutions of higher education which donot otherwise offer graduate degrees. Such agreements shall identify theobligations and duties of the parties, including assignment of administrativeresponsibility. Any diploma awarded for graduate degrees under such acooperative agreement shall include the names of both institutions inscribedthereon. Any cooperative agreement in place as of August 28, 2003, shallrequire no further approval from the coordinating board for higher education.Any costs incurred with respect to the administrative provisions of thissubdivision may be paid from state funds allocated to the institution assignedthe administrative authority for the program. The provisions of thissubdivision shall not be construed to invalidate the provisions of subdivision(1) of this subsection;
(3) In consultation with the heads of the institutions of highereducation affected and against a background of carefully collected data onenrollment, physical facilities, manpower needs, institutional missions, thecoordinating board for higher education shall establish guidelines forappropriation requests by those institutions of higher education; however,other provisions of the Reorganization Act of 1974 notwithstanding, all fundsshall be appropriated by the general assembly to the governing board of eachpublic four-year institution of higher education which shall prepareexpenditure budgets for the institution;
(4) No new state-supported senior colleges or residence centers shall beestablished except as provided by law and with approval of the coordinatingboard for higher education;
(5) The coordinating board for higher education shall establishadmission guidelines consistent with institutional missions;
(6) The coordinating board shall establish policies and procedures forinstitutional decisions relating to the residence status of students;
(7) The coordinating board shall establish guidelines to promote andfacilitate the transfer of students between institutions of higher educationwithin the state and shall ensure that as of the 2008-09 academic year, inorder to receive increases in state appropriations, all approved public two-and four-year public institutions shall work with the commissioner of highereducation to establish agreed-upon competencies for all entry-level collegiatecourses in English, mathematics, foreign language, sciences, and socialsciences associated with an institution's general education core and that thecoordinating board shall establish policies and procedures to ensure suchcourses are accepted in transfer among public institutions and treated asequivalent to similar courses at the receiving institutions. The departmentof elementary and secondary education shall align such competencies with theassessments found in section 160.518, RSMo, and successor assessments;
(8) The coordinating board shall collect the necessary information anddevelop comparable data for all institutions of higher education in the state. The coordinating board shall use this information to delineate the areas ofcompetence of each of these institutions and for any other purposes deemedappropriate by the coordinating board;
(9) Compliance with requests from the coordinating board forinstitutional information and the other powers, duties and responsibilities,herein assigned to the coordinating board, shall be a prerequisite to thereceipt of any funds which the coordinating board is responsible foradministering;
(10) If any institution of higher education in this state, public orprivate, willfully fails or refuses to follow any lawful guideline, policy orprocedure established or prescribed by the coordinating board, or knowinglydeviates from any such guideline, or knowingly acts without coordinating boardapproval where such approval is required, or willfully fails to comply withany other lawful order of the coordinating board, the coordinating board may,after a public hearing, withhold or direct to be withheld from thatinstitution any funds the disbursement of which is subject to the control ofthe coordinating board, or may remove the approval of the institution as anapproved institution within the meaning of section 173.1102. If any suchpublic institution willfully disregards board policy, the commissioner ofhigher education may order such institution to remit a fine in an amount notto exceed one percent of the institution's current fiscal year state operatingappropriation to the board. The board shall hold such funds until such timethat the institution, as determined by the commissioner of higher education,corrects the violation, at which time the board shall refund such amount tothe institution. If the commissioner determines that the institution has notredressed the violation within one year, the fine amount shall be depositedinto the general revenue fund, unless the institution appeals such decision tothe full coordinating board, which shall have the authority to make a bindingand final decision, by means of a majority vote, regarding the matter.However, nothing in this section shall prevent any institution of highereducation in this state from presenting additional budget requests or fromexplaining or further clarifying its budget requests to the governor or thegeneral assembly; and
(11) (a) As used in this subdivision, the term "out-of-state publicinstitution of higher education" shall mean an education institution locatedoutside of Missouri that:
a. Is controlled or administered directly by a public agency orpolitical subdivision or is classified as a public institution by the state;
b. Receives appropriations for operating expenses directly or indirectlyfrom a state other than Missouri;
c. Provides a postsecondary course of instruction at least six months inlength leading to or directly creditable toward a degree or certificate;
d. Meets the standards for accreditation by an accrediting bodyrecognized by the United States Department of Education or any successoragency; and
e. Permits faculty members to select textbooks without influence orpressure by any religious or sectarian source.
(b) No later than July 1, 2008, the coordinating board shall promulgaterules regarding:
a. The board's approval process of proposed new degree programs andcourse offerings by any out-of-state public institution of higher educationseeking to offer degree programs or course work within the state of Missouri;and
b. The board's approval process of degree programs and courses offeredby any out-of-state public institutions of higher education that, prior toJuly 1, 2008, were approved by the board to operate a school in compliancewith the provisions of sections 173.600 to 173.618.
The rules shall ensure that, as of July 1, 2008, all out-of-state publicinstitutions seeking to offer degrees and courses within the state of Missouriare evaluated in a manner similar to Missouri public higher educationinstitutions. Such out-of-state public institutions shall be held tostandards no lower than the standards established by the coordinating boardfor program approval and the policy guidelines of the coordinating board fordata collection, cooperation, and resolution of disputes between Missouriinstitutions of higher education under this section. Any such out-of-statepublic institutions of higher education wishing to continue operating withinthis state must be approved by the board under the rules promulgated underthis subdivision. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject to allof the provisions of chapter 536, RSMo, and, if applicable, section 536.028,RSMo. This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly under chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2007, shall be invalid and void.
(c) Nothing in this subdivision or in section 173.616 shall be construedor interpreted so that students attending an out-of-state public institutionare considered to be attending a Missouri public institution of highereducation for purposes of obtaining student financial assistance.
3. The coordinating board shall meet at least four times annually withan advisory committee who shall be notified in advance of such meetings. Thecoordinating board shall have exclusive voting privileges. The advisorycommittee shall consist of thirty-two members, who shall be the president orother chief administrative officer of the University of Missouri; thechancellor of each campus of the University of Missouri; the president of eachstate-supported four-year college or university, including Harris-Stowe StateUniversity, Missouri Southern State University, Missouri Western StateUniversity, and Lincoln University; the president of Linn State TechnicalCollege; the president or chancellor of each public community collegedistrict; and representatives of each of five accredited private institutionsselected biennially, under the supervision of the coordinating board, by thepresidents of all of the state's privately supported institutions; but alwaysto include at least one representative from one privately supported communitycollege, one privately supported four-year college, and one privatelysupported university. The conferences shall enable the committee to advisethe coordinating board of the views of the institutions on matters within thepurview of the coordinating board.
4. The University of Missouri, Lincoln University, and all otherstate-governed colleges and universities, chapters 172, 174 and 175, RSMo, andothers, are transferred by type III transfers to the department of highereducation subject to the provisions of subsection 2 of this section.
5. The state historical society, chapter 183, RSMo, is transferred bytype III transfer to the University of Missouri.
6. The state anatomical board, chapter 194, RSMo, is transferred by typeII transfer to the department of higher education.
7. All the powers, duties and functions vested in the division of publicschools and state board of education relating to community college state aidand the supervision, formation of districts and all matters otherwise relatedto the state's relations with community college districts and matterspertaining to community colleges in public school districts, chapters 163 and178, RSMo, and others, are transferred to the coordinating board for highereducation by type I transfer. Provided, however, that all responsibility foradministering the federal-state programs of vocational-technical education,except for the 1202a post-secondary educational amendments of 1972 program,shall remain with the department of elementary and secondary education. Thedepartment of elementary and secondary education and the coordinating boardfor higher education shall cooperate in developing the various plans forvocational-technical education; however, the ultimate responsibility willremain with the state board of education.
8. The administration of sections 163.171** and 163.181**, RSMo,relating to teacher-training schools in cities, is transferred by type Itransfer to the coordinating board for higher education.
9. All the powers, duties, functions, personnel and property of thestate library and state library commission, chapter 181, RSMo, and others, aretransferred by type I transfer to the coordinating board for higher education,and the state library commission is abolished. The coordinating board shallappoint a state librarian who shall administer the affairs of the statelibrary under the supervision of the board.
10. All the powers, duties, functions, and properties of the statepoultry experiment station, chapter 262, RSMo, are transferred by type Itransfer to the University of Missouri, and the state poultry association andstate poultry board are abolished. In the event the University of Missourishall cease to use the real estate of the poultry experiment station for thepurposes of research or shall declare the same surplus, all real estate shallrevert to the governor of the state of Missouri and shall not be disposed ofwithout legislative approval.
(L. 1973 1st. Ex. Sess. S.B. 1 § 13, A.L. 1983 S.B. 113 § 6, A.L. 1985 H.B. 675, A.L. 1999 H.B. 920, A.L. 2003 S.B. 55, A.L. 2005 S.B. 98, A.L. 2007 S.B. 389)*Originally section 6 of the Reorganization Act of 1974; transferred 1986.
**Sections 163.171 and 163.181 were repealed by S.B. 703, 1978.