PURPOSE: This rule sets forth policies and procedures of the Coordinating Board for Higher Education regarding the certification of public and private institutions of higher education so their full-time students may qualify for participation in the Access Missouri Financial Assistance program.

1. (1) Definitions.

   1. (A) Access Missouri shall mean the Access Missouri Financial Assistance Program set forth in sections 173.1101–173.1107, RSMo.
   2. (B) Approved institution means any institution located in the state of Missouri that meets the requirements set forth in section 173.1102(2) or (3), 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.
   3. (C) Approved private institution means an educational institution as defined in section 173.1102(2), RSMo.
   4. (D) Approved public institution means an educational institution as defined in section 173.1102(3), RSMo.
   5. (E) CBHE means the Coordinating Board for Higher Education created by section 173.005, RSMo.
   6. (F) Department means the Department of Higher Education created by section 173.005, RSMo.
   7. (G) His, him, or he shall apply equally to the female as well as the male sex where applicable in this rule.
   8. (H) Standard admission policies shall mean policies approved and published by the approved institution to admit special students and students with a certificate of graduation from high school or the equivalent of that certificate.

2. (2) Policy.

   1. (A) The CBHE is charged by statute to promulgate reasonable rules and regulations to affect the purposes of the Access Missouri program. In establishing this rule of institutional eligibility, the CBHE is guided principally by the Constitution of Missouri; the provisions of sections 173.1101–173.1107, RSMo; and decisions of the Missouri Supreme Court construing the laws of the state.
   2. (B) The CBHE will administer the Access Missouri program as a need-based student financial assistance program to assist financially qualified full-time students enrolled in approved institutions of higher education.

3. (3) Institutional Eligibility.

   1. (A) Only institutions certified by the CBHE as approved public or private institutions may participate in the Access Missouri program.
   2. (B) Public and private institutions are eligible to participate in the Access Missouri program 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 sections 173.1102(2) and (3), 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.

   3. (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 section 173.1102(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. 1. The governing instrument of the insti-

tution gives the governing board final decision making authority for the institution;

1. 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;

1. 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

1. 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.

1. (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.

1. (4) The CBHE shall assign institutions to appropriate institutional groups based on length of program, institutional organization, and other criteria it considers applicable to such assignment.

2. (5) Institutional Responsibilities.

   1. (A) Approved institutions shall—

      1. 1. Admit students based on the institu-

tion’s standard admission policies;

1. 2. Submit a copy of the institution’s pol-

icy on satisfactory academic progress for the records of the CBHE;

1. 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;

1. 4. Systematically organize all student

records (student financial aid, registrar, business office) pertaining to students who receive Access Missouri awards to be made readily available for review upon request by the CBHE; and

1. 5. Verify each Access Missouri award

recipient’s eligibility by transmitting the student’s record to the CBHE by the annual deadline published by the CBHE for the current academic year.

1. (B) When the approved institution receives the Access Missouri program funds for the awards made by the CBHE, the approved institution must—

   1. 1. Determine if the applicant is enrolled

full-time and is making satisfactory progress in his course of study according to standards determined by the approved institution and 6 CSR 10-2.140;

1. 2. Deliver the Access Missouri program

funds to the Access Missouri award recipient in the amount determined by the CBHE using the institution’s standard award delivery procedures, retaining the portion of the Access Missouri award that the applicant owes for education-related expenses (tuition, fees, room and board, and/or other educationrelated expenses) to that institution and promptly give the applicant any remaining funds;

1. 3. Return the applicant’s Access

Missouri award to the CBHE within thirty (30) days of learning he is no longer eligible to receive an award, if this is determined prior to the delivery of funds to the applicant;

1. 4. Be responsible for the repayment of

any funds sent to it by the CBHE within thirty (30) days of learning either of the following:

1. A. The institution delivered Access

Missouri funds to an applicant not eligible under the Access Missouri program if the award was based on erroneous, improper, or misleading information provided by the institution to the CBHE; or

1. B. The institution delivered the

Access Missouri award funds to a person other than the one to whom the CBHE has directed the funds be delivered; and

1. 5. 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.

1. (C) The CBHE may refuse to make Access Missouri awards to applicants who attend institutions that fail to make timely refunds to the CBHE as provided above.

1. (6) Procedures.

   1. (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).
   2. (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 in order for students attending the institution to be eligible to participate in the Access Missouri program. 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 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).
   3. (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 sections 173.205(2) or (3), 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.
   4. (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.
   5. (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 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.
   6. (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.
   7. (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.
   8. (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.

AUTHORITY: section 173.1103, RSMo Supp. 2007.* Emergency rule filed Aug. 28, 2007, effective Sept. 7, 2007, expired March 4, 2008. Original rule filed Oct. 12, 2007, effective March 30, 2008. *Original authority: 173.1103, RSMo 2007.