A. It is the duty of the community college board to determine financial and educational policies of the community college. The community college board shall provide for the management of the community college and execution of these policies by selecting a competent president for the community college, and, upon the president's recommendation, the board shall employ other administrative personnel, instructional staff or other personnel as may be needed for the operation, maintenance and administration of the community college.

B. The community college board shall have the power to fix tuition and fee rates for resident and nonresident students of the community college district, to accept gifts, to accept federal aid, to purchase, hold, sell and rent property and equipment and to promote the general welfare of the institution for the best interest of educational service to the people of the community college district.

History: 1953 Comp., § 73-33-9, enacted by Laws 1963, ch. 17, § 9; 1980, ch. 53, § 5; 1985, ch. 238, § 10; 1996, ch. 71, § 5; 2000, ch. 52, § 3; 2003, ch. 390, § 1; 2007, ch. 73, § 2; 2014, ch. 80, § 8.

ANNOTATIONS

The 2014 amendment, effective March 12, 2014, eliminated provisions relating to the lottery tuition fund; deleted former Subsection C, which authorized the community college board to award legislative lottery scholarships to qualified resident students; deleted former Subsection D, which provided that the legislative lottery scholarship applied only to full-time resident students who were accepted by a community college upon graduation from high school for up to two years; deleted Subsection E, which required the higher education department to prepare guidelines setting forth continuing eligibility criteria and guidelines for the administration; and deleted former Subsection F, which required the higher education department to define "full time" and the maximum number of semesters of eligibility for students with disabilities who required special accommodation.

The 2007 amendment, effective July 1, 2007, provides that the maximum number of consecutive semesters of eligibility and the criteria of "full time" be adjusted for students with disability.

The 2003 amendment, effective June 20, 2003, in Subsection C, deleted the former last sentence which read "All other scholarship funds available to the board shall be used before granting any lottery tuition scholarships"; in Subsection E, substituted "resident student tuition scholarships" for "scholarship" at the end of the second sentence.

The 2000 amendment, effective July 1, 2000, added the last sentence in Subsection C and deleted "resident student tuition" preceding "scholarship" at the end of Subsection E.

The 1996 amendment, effective May 15, 1996, added Subsections C through E.

College board did not have the authority to compel funding from its affiliated college foundation. — Organizations, such as college foundations, whose principal and authorized purpose is to complement, contribute to and support a college through financial support or contribution of services that help or aid the college in carrying out its statutory purpose and goals, including, but not limited to, the provision of scholarships to students and the provision of funds for research and programs, must exercise the duties of good faith, care and loyalty to the mission of the foundation, and although the affiliated college may request funds from the foundation, the foundation has a discretionary financial relationship with the college that is subject to donor limitations, and the foundation is under no obligation to provide funds to its affiliated college. 2025 Op. Att'y Gen. No. 25-04.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 5, 19, 20, 35.

Validity, construction and application of "hazing" statutes, 30 A.L.R.5th 683.

14A C.J.S. Colleges and Universities §§ 14, 15, 17, 19, 25, 31.