Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The purpose of this rule is to set forth the
procedures for collecting information and data, from all institutions of higher
education in the state, by the Coordinating Board for Higher Education as
required by the Omnibus State Reorganization Act of 1974.
(1) Policy. The Coordinating Board for Higher
Education under section 6 of the Omnibus State Reorganization Act of 1974 is
directed to collect the necessary information and develop comparable data for
institutions of higher education in the state to be used to delineate the areas
of competence of these institutions and for any other purposes deemed
appropriate by it. This rule establishes the procedures to be followed by the
institutions of higher education in submitting information and data to the
Department of Higher Education. The rule specifies sanctions which the
coordinating board may impose upon an institution of higher education that
willfully fails or refuses to comply with the policies and procedures
established by this rule and specifies procedures for a hearing to be held
whenever the coordinating board acts to apply sanctions. The coordinating board
will administer this rule through the Department of Higher Education and the
commissioner.
(2) Definitions.
(A) Institution of higher education means an
institution which provides a collegiate level course of instruction for a
minimum of two (2) years leading to or directly creditable toward at least an
associate degree or any professional or other degree including, but not limited
to, the baccalaureate, master's, specialist and doctoral degrees.
(B) Private institution means a
not-for-profit institution dedicated to educational purposes, located in
Missouri which is operated privately under the control of an independent board
and is not directly controlled or administered by any public agency or
subdivision.
(C) Public institution
means an educational institution located in Missouri which is directly
controlled or administered by a public agency or subdivision and which receives
some appropriations in a direct or indirect manner for operating expenses from
the general assembly.
(D) Approved
institution means an educational institution as defined in sections 173.205.2.
or 173.205.3., RSMo (1986).
(E)
Coordinating board means the Coordinating Board for Higher Education created by
the Omnibus State Reogranization Act, Appendix B, section 6.2, RSMo
(1986).
(F) Department means the
Department of Higher Education created by the Omnibus State Reorganization Act,
Appendix B, section 6.1, RSMo (1986).
(G) Commissioner means the commissioner of
higher education as appointed by the Coordinating Board for Higher
Education.
(H) New program means an
academic, occupational or professional certificate or degree program developed
for initial offering to students-
1. On the
campus of a single campus institution of higher education;
2. On a campus of a multi-campus institution
of higher education on which campus such program has not been previously
offered; or
3. At an off-campus
site of any public institution of higher education, if one-half (1/2) or more
of all the requirements needed to complete the new program may be met at an
off-campus site.
(3) Data and Information Collection
Procedures.
(A) No later than the first day of
June of each year, the commissioner shall issue a class A information and data
schedule for the forthcoming academic year. A copy of the schedule shall be
mailed by certified mail, return receipt requested, to the president of record
of each public and private institution of higher education in the state, and
shall detail all items of class A information and data required for the
forthcoming academic year. Class A information and data are those collected by
the department on a regularly recurring basis from all institutions of higher
education in Missouri, or from an identifiable group of Missouri higher
education institutions, and shall include, but not necessarily be limited to,
information and data on enrollment, programs, finances, facilities, libraries,
faculty and staff, and students. No class A information and data shall fall due
until at least thirty (30) days after the date of the commissioner's
request.
(B) Any time during the
year, the commissioner may request items of class B information and data. Class
B information and data are those collected by the department on an irregular
basis from all institutions of higher education or from an identifiable group
of Missouri institutions and shall include special surveys which the department
finds necessary for the coordination of Missouri higher education. No class B
information and data shall fall due until at least thirty (30) days after the
date of the commissioner's request.
(C) At any time during the year, the
commissioner may request items of class C information and data necessary for
the coordination of Missouri higher education. Class C information and data are
those collected by the department on an irregular basis from a single
institution of higher education and shall include special surveys which the
department finds necessary to the coordination of Missouri higher education. No
class C information and data shall fall due until at least thirty (30) days
after the date of the commissioner's request.
(D) At least one hundred twenty (120) days
prior to the implementation of a new academic degree or certificate program to
be offered by a private institution of higher education, the institution shall
send to the commissioner class D information and data. Class D information and
data are those detailing new academic degree or certificate programs under
development by private institutions. Class D information and data shall be
submitted in departmental format required for new programs. New program
proposals from state institutions of higher education are governed by the
provisions of
6 CSR
10-4.010.
(E) At any time during the year, the
commissioner may request that class E information and data be submitted to the
department. Class E information and data are those facts necessary for the
evaluation of existing certificate or degree programs being offered by an
institution of higher education in Missouri. Submission of class E information
and data shall not be required until at least ninety (90) days after the date
of the commissioner's request.
(F)
No information submitted under subsections (A)-(E) in this rule, treated as
privileged by applicable federal statutes, shall be open to public inspection
unless ordered by a court of competent jurisdiction. Information and data filed
with the commissioner pursuant to this rule which specifically relates to the
financial operations of individual, private institutions of higher education
will be kept confidential and will not be made available to the general
public.
(4) Submission
Procedures. All requested information and data shall be submitted on
departmentally-approved forms or according to departmentally-approved
processes, which shall be complied with at fully and completely as good faith
and best effort by an institution allows. If the coordinating board reasonably
considers any partial, incomplete or misleading response to have been submitted
with an intent to withhold available information and data or to purposefully
mislead the coordinating board in its information and data-collecting role,
such action may serve as cause for scheduling of a hearing leading to the
possible imposition of sanctions upon that institution.
(5) Sanctions. If any institution of higher
education in this state, public or private, willfully fails or refuses to
follow any lawful guideline, policy or procedure established by the
coordinating board, or knowingly deviates from any such guideline, or willfully
acts without coordinating board approval where such approval is required, or
knowingly fails to comply with any other lawful order of the coordinating
board, the coordinating board, after a public hearing, may withhold or direct
to be withheld from that institution any funds, the disbursement of which is
subject to its control or the coordinating board may remove the approval of the
institution as an approved institution within the meaning of section
173.205, RSMo
(1986).
(6) Hearing Procedure. In
the event that an approved institution shall have its approved institution
status challenged, or the coordinating board shall propose to withhold, or
direct to be withheld from an institution, any funds, the disbursement of which
is subject to its control, the coordinating board shall give written notice,
advising the institution that a hearing is being scheduled and the notice shall
state the time and place of the hearing and the issues of concern to the
coordinating board which will be considered at such hearing. The decision to
impose sanctions upon an approved institution of higher education rests within
the discretion of the coordinating board. Hearings in respect thereto shall be
conducted in accordance with provisions of Chapter 536, RSMo (1986).
