Information and Data Collection

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 offcampus 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 12 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). AUTHORITY: Omnibus State Reorganization Act, Appendix B, sections 6.2(7), 6.2(8) and 6.2(9) and section 173.030.1, RSMo (1986). Emergency rule filed Jan. 15, 1980, effective Jan. 25, 1980, expired May 24, 1980. Original rule filed Jan. 15, 1980, effective April 11, 1980.