Mo. Code Regs. tit. 6 § 10-2.140

Current through Register Vol. 49, No. 23, December 2, 2024

Section 6 CSR 10-2.140 - Institutional Eligibility for Student Participation

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.

6 CSR 10-2.140

AUTHORITY: sections 173.236, 173.254, 173.260, and 173.262, RSMo 2000, and sections 173.234, 173.250, and 173.1103, RSMo Supp. 2008.* Emergency rule filed Aug. 28, 2007, effective Sept. 7, 2007, expired March 4, 2008. Original rule filed Oct. 12, 2007, effective March 30, 2008. Amended: Filed Dec. 15, 2008, effective June 30, 2009.

Amended by Missouri Register October 17, 2016/Volume 41, Number 20, effective 11/30/2016

Amended by Missouri Register June 17, 2019/Volume 44, Number 12, effective 7/31/2019

*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.