Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates gender-specific
language, revises the policy for institutional verification of student
eligibility, and clarifies the policy for award disbursement and
delivery.
PURPOSE: These amendments update the definition of
approved institution, approved private institution, and approved public
institution, and add the definition of approved virtual institution to reflect
statutory revisions. The amendments also update institutional eligibility
provisions and statutory references to reflect statutory
revisions.
(1) Definitions.
(A) Approved institution means any
institution located in the state of Missouri that meets the requirements set
forth in subdivisions 173.1102.1(2) , (3), or (4), RSMo; that has been approved
under 6 CSR 10-2.140; and that has been approved to participate in the federal
student financial assistance programs created in Title IV of the Higher
Education Act of 1965, as amended.
(B) Approved private institution means an
educational institution as defined in subdivision 173.1102.1(2),
RSMo.
(C) Approved public
institution means an educational institution as defined in subdivision
173.1102.1(3), RSMo.
(D) Approved
virtual institution means an educational institution as defined in subdivision
173.1102.1(4), RSMo.
(E) CBHE
means the Coordinating Board for Higher Education created by section
173.005,
RSMo.
(F) Department means the
Department of Higher Education created by section
173.005,
RSMo.
(G) Expenses shall mean any
charges the student owes to the institution that can be paid with state student
assistance program funds as defined by each state student assistance
program.
(H) Standard admission
policies shall mean policies approved and published by the approved institution
to admit students to the institution.
(I) State student assistance program shall be any
financial aid program created by Missouri statute that charges the CBHE with
program administration and that establishes institutional eligibility through
criteria consistent with section
173.1102, RSMo, as
determined by the CBHE.
(2) Policy. In establishing this rule of
institutional eligibility, the CBHE is guided principally by the
Constitution of Missouri; the provisions of section
173.1102, RSMo; and
the decisions of the Missouri Supreme Court construing the laws of the
state.
(3) Institutional
Eligibility.
(A) Only institutions certified
by the CBHE as approved public or private institutions may participate in any
state student assistance program.
(B) Public , private, and virtual
institutions are eligible to participate in state student assistance programs
only if they permit faculty members to select textbooks without influence or
pressure from any source in order to be approved institutions. This requirement
is in addition to requirements set forth in subdivisions 173.1102.1(2) , (3),
and (4), RSMo, and elsewhere in this rule. Selection of textbooks within
individual departments or schools by faculty curriculum committees shall not be
considered inconsistent with this requirement.
(C) To be an approved private institution, an
institution must be a nonprofit educational institution operating privately
under the control of an independent board and not directly controlled or
administered by any public agency or political subdivision. This requirement is
in addition to requirements set forth in subdivision 173.1102.1(2), RSMo, and
elsewhere in this rule. For the purposes of this rule, an independent board is
one that meets the following minimum criteria:
1. The governing instrument of the
institution gives the governing board final decision making authority for the
institution;
2. The governing board
is composed of a number of members as fixed or provided for in the governing
instrument of the institution, who serve for terms of definite
duration;
3. Each member of the
governing board is free to exercise judgment independently in the interest of
the institution without being controlled by any person or authority;
and
4. The members of the governing
board may not be removed by any authority during their respective terms, except
for cause. For purposes of this criterion, "cause" shall not include any reason
based upon religious affiliation, including failure to follow the directives of
any purported superior authority, religious or otherwise.
(D) No institution offering a course of study
leading only to a degree in theology or divinity shall be eligible for
certification as an approved institution under this rule.
(4) The CBHE shall assign institutions to
appropriate institutional groups based on length of program, institutional
structure, and other criteria it considers applicable to such
assignment.
(5) Institutional
Responsibilities.
(A) Approved institutions
shall:
1. Admit students based on the
institution's standard admission policies;
2. Submit a copy of the institution's policy
on satisfactory academic progress for the records of the CBHE;
3. Establish fair and equitable refund
policies covering tuition, fees, and, where applicable, room and board charges.
The refund policy shall be the same policy used by the institution for
refunding all federal Title IV financial aid included in the Higher Education
Act of 1965;
4. Systematically
organize all student records (student financial aid, registrar, business
office) pertaining to students who receive state student assistance program
awards to be made readily available for review upon request by the CBHE. The
retention period for these records shall be the same period used by the
institution to comply with federal Title IV program requirements included in
the Higher Education Act of 1965; and
5. Verify each state student assistance
program award recipient's eligibility by transmitting the student's payment
request to the department by the deadline published by the department. The
verification must occur not more than ten (10) business days before the
institution transmits the student's payment request to the department. Funds
must be delivered not more than ten (10) business days after this verification
or eligibility must be reconfirmed by the institution before
delivery.
(B) Before the
approved institution delivers the state student assistance program funds to an
applicant, the approved institution must require the applicant to provide
affirmative proof that the applicant is a United States (U.S.) citizen,
permanent resident of the U.S., or lawfully present in the U.S., in accordance
with the rules of the state student assistance program. Students who are U.S.
citizens or permanent residents of the U.S. need only provide this proof before
the first time they receive an award and shall not be required to provide it
before they receive subsequent awards. Students who are not U.S. citizens or
permanent residents of the U.S. must present affirmative proof
annually.
(C) When the approved
institution receives the state student assistance program funds for the awards
made by the CBHE, the approved institution must:
1. Deliver the state student assistance
program funds to the award recipient in the amount determined by the CBHE using
the institution's standard award delivery procedures. The applicant's award
will be sent to the approved institution to be delivered to the student's
account. The institution shall retain the portion of the state student
assistance award that the applicant owes to that institution for expenses, and
promptly give the applicant any remaining funds;
2. Return the applicant's award to the CBHE
within thirty (30) days of learning the applicant is no longer eligible to
receive an award, if this is determined prior to the delivery of funds to the
applicant;
3. Be responsible for
the repayment of any funds sent to it by the CBHE within thirty (30) days of
learning any of the following:
A. The
institution delivered funds to an ineligible applicant if the award was based
on erroneous, improper, or misleading information provided by the institution
to the CBHE; or
B. The institution
delivered the funds to a person other than the one to whom the CBHE has
directed the funds be delivered; or
C. The award amount for an eligible student
exceeded the maximum amount for which the student was eligible; and
4. Determine and calculate the
amount of refunds to the CBHE based on the institution's refund formula for
applicants who withdraw. The funds must be returned to the CBHE within thirty
(30) days of the determination a withdrawal has occurred.
(D) The CBHE may refuse to make state student
assistance awards to applicants who attend institutions that fail to make
timely refunds to the CBHE as provided above.
(6) Procedures.
(A) All institutions currently holding an
approved institution status shall retain said status for a period of three (3)
years from the effective date of this rule, unless that status is terminated in
accordance with 6 CSR 10-2.140(3) or 6 CSR 10-2.140(6)(C).
(B) Any institution not designated an
approved institution on the effective date of this rule shall make application
to the CBHE to be certified as an approved institution and shall sign
participation agreements for all state student assistance programs in which the
institution will participate in order for students attending the institution to
be eligible to receive state student assistance awards. Applications for
approved institution status shall be made on forms provided therefore by the
CBHE. Upon certification of an institution as an approved institution by the
CBHE, the status of an approved institution shall continue for a period of no
more than three (3) years from the date of certification unless earlier
terminated for changes in operation specified in 6 CSR 10-2.140(3) or 6 CSR
10-2.140(6)(C).
(C) During a period
in which an institution is certified as an approved institution, if a
substantial change occurs in the institution's governing structure; in the
institution's hiring policies pertaining to administration, faculty, and staff;
in the institution's admissions policies; in the institution's textbook
selection procedures; in the level of programs or degrees offered by the
institution; in the institution's qualification for accreditation by the Higher
Learning Commission or other United States Department of Education-recognized
accrediting agency; in the institution's record of compliance with lawfully
promulgated CBHE policies and procedures; or in any other matter affecting the
criteria set forth in subdivisions 173.1102.1(2) , (3), or (4), RSMo, the CBHE
may consider whether to terminate the institution's approved status because of
such change. Institutions shall notify the CBHE in writing within thirty (30)
days after any such change occurs. Before the CBHE makes a decision regarding
the status of an approved institution, the CBHE may, at its own discretion,
hold one (1) or more public hearing(s) under the procedures set forth in
subsection (6)(G) of this rule.
(D)
If any institution's approved institution status is terminated before the
expiration of the three (3)-year term, the institution may thereafter apply to
the CBHE for recertification on forms provided by the CBHE.
(E) If an approved institution desires to
continue its status as an approved institution, it may apply for renewal of its
approved institution status by filing an application for recertification as an
approved institution and signing participation agreements for all state student
assistance programs in which the institution will participate at least sixty
(60) days before the date its certification would normally expire. An
application for recertification as an approved institution shall be made to the
CBHE on forms provided by the CBHE.
(F) Upon receipt of a completed institutional
application form, the CBHE may certify or recertify the institution as an
approved institution or deny certification as an approved institution. The CBHE
may base its decision on the information submitted by the institution, on the
institution's record of compliance with CBHE policies and procedures, and on
any other information that the CBHE deems reliable. The CBHE, at its own
discretion, may hold one (1) or more public hearing(s) regarding the merits of
the application.
(G) In the event
the CBHE requires a hearing, the CBHE shall so advise the institution within a
reasonable amount of time. The advice to the institution shall state the time
and place of the hearing and the issues of concern to the CBHE. The institution
shall publish conspicuous notices of such hearing in its buildings and on its
grounds, in areas accessible to staff, faculty, and students, and the notices
shall set forth the fact that the hearing is to be held; its date, time,
location, and purpose; the telephone number and mailing address of the
commissioner of higher education at the department, and advice that comments
concerning the issues identified by the CBHE may be communicated to the
commissioner of higher education.
(H) The decision to certify, recertify,
decertify, or reject initial certification of an institution as an approved
institution shall rest solely within the discretion of the CBHE.
*Original authority: 173.234, RSMo 2008; 173.236, RSMo
1991; 173.250, RSMo 1986, amended 1988, 1990, 1990, 1991, 2007; 173.254, RSMo
1998; 173.260, RSMo 1987, amended 1998; 173.262, RSMo 1988, amended 1992; and
176.1103, RSMo 2007.