Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule describes the requirements with
which out-of-state public institutions that offer instruction in Missouri must
comply.
(1) Definitions.
(A) Board or Coordinating Board or CBHE: The
Coordinating Board for Higher Education created by section 173.005.2,
RSMo.
(B) Branch campus or branch:
A geographically separate and permanent instructional facility that is derived
from and controlled by its main campus. A branch campus may provide complete
and distinct programs and employ unique or shared instructional and
administrative personnel. A branch may produce and maintain its own
institutional and student records.
(C) Certificate: Any award, including a
diploma that does not have a degree designation.
(D) Course: A defined and unique educational
offering with discrete objectives and requirements in support of a program,
whether conducted in person, by mail, or through any telecommunication
medium.
(E) Degree: Any award,
earned or honorary, conferred with the designation of associate, baccalaureate,
master, professional or professional development, specialist, or
doctorate.
(F) Distance education:
Those education opportunities provided for credit by public out-of-state
postsecondary institutions through online education services, as well as those
opportunities provided for credit that postsecondary institutions provide
outside their primary campus in multiple states. General term for any type of
educational activity in which the participants are at a distance from each
other-in other words, are separated in space. They may or may not be separated
in time (asynchronous vs. synchronous).
(G) Main campus: The primary instructional
facility of a school, as so designated by the school. For accredited schools,
the main campus is the one to which accreditation is directly conferred and
from which other campus locations derive their accreditation.
(H) MDHE or the department: The Missouri
Department of Higher Education created by section 173.005.1, RSMo.
(I) Offer: To enroll or seek to enroll anyone
residing in the state of Missouri in a course or program beyond the high school
level.
(J) Online course: Any
course offered over the Internet.
(K) Online course provider: An organization
that provides courses that are offered over the Internet.
(L) Online education: A type of learning in
which instruction and content are delivered primarily over the Internet. The
term does not include printed-based correspondence education, broadcast
television or radio, videocassettes, and stand-alone educational software
programs that do not have a significant Internet-based instructional component.
Used interchangeably with Virtual learning, Cyber learning,
e-learning.
(M) Out-of-state public
institution of higher education: An educational institution as defined by
section 173.005.2(12)(a), RSMo.
(N)
Physical presence: Any person or location within the state of Missouri where,
from, or through which a school operates for the purpose of conducting an
activity relating to postsecondary education, including the granting of
certificates or degrees. Location is defined to include any address, physical
site, electronic device, or telephone number within or originating from within
the boundaries of the state of Missouri. Physical presence shall also mean a
formally scheduled instructional interaction organized by or through a school
taking place between two (2) or more students and/or instructors within the
state of Missouri.
(O) Program or
program of instruction: A complete academic or vocational educational offering
which fulfills the requirements for the awarding of a certificate or degree. A
program may consist of one (1) or multiple courses, and shall, upon
satisfactory completion, fulfill an academic, occupational, or other training
objective.
(P) Transcript or
transcript record: A student's permanent educational record.
(2) No out-of-state public
institution shall offer programs or courses in Missouri without receiving prior
approval of the CBHE to do so. This includes programs or courses offered
face-to-face at locations within Missouri (including secondary schools) and
through distance education. Failure to seek and receive approval prior to the
delivery of instruction and/or the enrollment of students shall be sufficient
cause to deny approval to offer courses or programs. Out-of-state public
institutions shall be held to standards no lower than the standards established
by the coordinating board for program approval and the policy guidelines of the
coordinating board for data collection, cooperation, and resolution of disputes
between Missouri institutions of higher education under this section.
(3) Approval from the CBHE to offer programs
or courses at locations within the state of Missouri shall be valid for a
period of no more than three (3) years. During the period in which an
institution is approved to offer programs or courses within the state of
Missouri, out-of-state public institutions must provide an annual data report
concerning their operations in Missouri as specified by the MDHE. Authorization
from the CBHE to offer programs or courses through distance education shall be
valid for a period of one (1) year. During the period in which an institution
is approved to offer distance education in Missouri, out-of-state public
institutions must provide an annual data report concerning their operations in
Missouri as specified by the MDHE.
(4) Degree Program Approval: As of July 1,
2008, the standards for approving degree programs of out-of-state public
institutions will be substantially identical to the standards for Missouri
public institutions of higher education, with the exception of the standards
relating to program financing. The proposal components will be those required
by the MDHE under the "Policies and Procedures for the Review of Academic
Program Proposals" adopted by the CBHE on April 17, 1997, and standards for
approval will be those specified in that policy.
(5) Course Approval: All courses offered by
an out-of-state public institution that are not creditable toward a degree
program approved by the MDHE for delivery in Missouri must meet, as determined
by the MDHE, the following criteria in order to be approved by the CBHE:
(A) The course must be applicable to a
recognized program offered by the delivering institution on its home
campus;
(B) The course must be of
adequate content and duration so as to be considered consistent with similar
coursework offered on the institution's home campus or with course-work in the
same subject area offered by other higher education institutions;
(C) The course must be taught by regular
institutional faculty with educational and experiential qualifications that, in
the judgment of the MDHE, are in excess of the level of the program to which
the course is applicable;
(D)
Students enrolling in the course must have access to adequate academic and
student support services, including but not limited to advising, library,
financial assistance, and technical assistance;
(E) Students enrolling in the course must
have access to adequate information regarding the course content and
objectives, all costs associated with enrollment, and the applicability of the
course to degree programs offered by the delivering institution; and
(F) Courses offered by telecommunication
means must have evidence of sufficient support from the home campus to ensure
students have the means to achieve the stated objectives in a manner consistent
with students enrolled on the home campus and must be aligned with the
"Principles of Good Practice for Distance-Learning/Web-Based Courses" adopted
by the CBHE on April 13, 2000.
(6) In order to be approved to offer courses
or programs at locations within the state of Missouri, the applicant
institution must-
(A) Provide documentation
that the courses and programs offered by the institution in Missouri are
included within the scope of accreditation currently granted by the
institution's recognized accrediting body and, as applicable, any applicable
programmatic accrediting agency; and
(B) Agree to comply with all CBHE policies
relating to data collection, cooperation, and resolution of disputes.
(7) In order to be authorized to
offer distance education in the state of Missouri, the applicant institution
must-
(A) Provide documentation that the
courses and programs offered by the institution in Missouri are included within
the scope of accreditation currently granted by the institution's recognized
accrediting body and any applicable programmatic accrediting agency;
and
(B) Affirm in writing its
compliance with the MDHE Principles of Good Practice for Distance Learning and
Web-Based Course. (See
http://www.dhe.mo.gov/files/policies/policyforreview.pdf)
(8) Fees.
(A) Certification Fee. No certificate of
approval to operate shall be issued except upon payment of the prescribed
certification fee.
1. The certification fee
shall be computed on the basis of $.0013 per one dollar ($1) of net tuition and
fees income (excluding refunds, books, tools, and supplies) with a maximum of
five thousand dollars ($5,000) and a minimum of five hundred dollars ($500) per
school. Tuition and fees for schools that operate at two (2) or more locations
within Missouri may be reported separately or be combined for all locations for
purposes of computing the certification fee. The certification fee shall be
computed on the basis of data submitted by the institution, subject to
verification by the department.
2.
The certification fee for a school upon initial certification to operate shall
be computed on the basis of the estimate given in the application of the net
tuition income for the first year of operation, except that the fee shall not
be less than the minimum of five hundred dollars ($500). The full initial
certification fee shall be assessed whether the initial certification is for an
entire or partial certification year.
3. The certification fee requirement for a
branch campus operated in Missouri by an out-of-state public institution shall
be computed solely on the basis of applicable tuition and fee income at the
Missouri branch campus.
4. For a
school having a certificate of approval for the sole purpose of recruiting
students in Missouri, the net tuition used for the certification fee
computation shall be only that paid, or estimated if initial, to the school by
students recruited from Missouri and the fee shall be five hundred dollars
($500) plus $.0013 per one dollar ($1) of net tuition and fees income
(excluding refunds, books, tools, and supplies) not to exceed five thousand
dollars ($5,000).
(B)
Security Deposit. Each institution must file a security deposit with coverage
consistent with the statutory requirements of section
173.612,
RSMo.
1. The security deposit shall be
executed on the prescribed form provided by the department for that purpose.
The security deposit shall cover all facilities and locations of the school in
the state of Missouri and shall clearly state that it covers the school and
agents of the school.
2. Any
bonding company must be approved by the Missouri Department of Insurance,
Financial Institutions and Professional Registration.
3. The amount of the security deposit shall
be ten percent (10%) of the preceding year's gross tuition but, in no event,
shall be less than five thousand dollars ($5,000) nor more than one hundred
thousand dollars ($100,000) except that the school may deposit a greater amount
at its own discretion.
4. The
school may comply with the security deposit requirement through any of the
following three (3) methods at the discretion of the school: performance surety
bond, irrevocable letter of credit, or cash bond secured by certificate of
deposit.
5. The amount of the
security deposit required must be computed and compliance verified with each
annual application for certification. Written verification of compliance with
the security deposit requirement of the authorizing statute must be presented
prior to the issuance of a certificate of approval. Failure of a school to post
and maintain the required security deposit may result in denial, suspension, or
revocation of certification to operate or the school being placed on
probation.
6. Any school that
operates two (2) or more main campuses in the state may combine, or report
separately, gross tuition for all locations for the purpose of determining the
annual security deposit requirement. However, if the combined gross tuition
calculates a security deposit requirement in excess of the one hundred thousand
dollars ($100,000) maximum, the gross tuition shall be reported separately, and
the requirement calculated separately. The security deposit requirement for a
branch campus operated in Missouri by an out-of-state school shall be computed
solely on the basis of applicable tuition and fee income at the Missouri branch
campus.
(C) Fees should
be made payable to the Missouri Department of Higher Education.
(D) All fees are non-refundable.
(E) The following fees shall be paid:
| 1. Initial Application for Certification (to be credited
toward the certification fee) |
$200 |
| 2. Initial Application for Exemption |
$ 50 |
| 3. Application to Establish a Branch Campus |
$100 |
| 4. Application to Establish an Extension Site |
$ 50 |
| 5. New Program Review (Certificate) |
$100 |
| 6. New Program Review (Associate) |
$200 |
| 7. New Program Review (Bachelor and Graduate) |
$500 |
| 8. Substantive Change Review (Certificate) |
$ 50 |
| 9. Substantive Change Review (Associate) |
$100 |
| 10. Substantive Change Review (Bachelor and Graduate)
|
$250 |
| 11. Change of Ownership, Name, Location |
$100 |
| 12. Student Record Verification (per copy) |
$ 10 |
| 13. Late Fee (per day) |
$ 10 |
A. A late fee
of ten dollars ($10) per day, not to exceed a maximum of one thousand five
hundred dollars ($1,500), will be assessed on certified schools that fail to
respond, within a reasonable time frame to be stated in official
correspondence, to the department's request for information or documentation
related to recertification, grievances, department site visits, or
probation.
B. The late fee may be
waived in whole or in part at the discretion of the department.
(9) Nothing in this
regulation shall be construed or interpreted so that students attending an
out-of-state public institution of higher education are considered to be
attending a Missouri public institution of higher education for purposes of
obtaining student financial assistance.
*Original authority: 173.005, RSMo 1973, amended 1983,
1985, 1999, 2003, 2005, 2007, 2010, 2011 ,
2012.
