HB 297 Modifies provisions relating to institutions of higher education

     Handler: Rehder

Current Bill Summary

- Prepared by Senate Research -


SS#2/HS/HB 297 - This act modifies provisions related to higher education.

ANNEXATION OF SCHOOL DISTRICTS

Under current law, a school district may be attached to a community college district or to one or more adjacent seven-director school districts by a majority vote in the school district.

This act requires that a community college proposing such an annexation present its proposal at a public, regularly-scheduled meeting of the school district 30-120 days prior to the annexation election.

This act modifies the form of the question to be submitted on the ballot by requiring such question to ask whether the school district shall become part of the district, rather than whether the school district shall be annexed to other school districts specified in the ballot question. This act also requires the question to be followed by information stating the amount per $100 by which such annexation will raise the community college tax levy and that such annexation will result in school district residents being eligible for in-district tuition rates at the community college. Annexation elections shall be held on a November general election day. (Section 162.441)

These provisions are similar to provisions in HCS/SS/SCS/SB 152 (2021).

STUDENTS' RIGHT TO KNOW ACT

This act establishes the Students' Right to Know Act.

Beginning January 1, 2022, the Department of Higher Education and Workforce Development shall annually collect and compile information as specified in the act to help high school students make more informed decisions about their futures and ensure such students are adequately aware of the costs of four-year college and alternative career paths. The document shall be available to the Department of Elementary and Secondary Education for distribution to public school guidance counselors by October 15th each year. The information provided by the public institutions is also required to be available on the website of the Department of Higher Education and Workforce Development. (Section 161.625 and 173.035)

These provisions are identical to provisions in HCS/SS/SCS/SB 152 (2021); similar to HB 233 (2021), HB 355 (2021), and SB 622(2020); and similar to provisions in HCS/HBs 1774 & 1994 (2021) and HCS/SS/SCS/SB 528 (2020).

MISSOURI EDUCATION SAVINGS PROGRAM

Under this act, the Missouri Education Savings Program is renamed the Missouri Education Program.

This act modifies the definition of "eligible educational institution" to include all eligible educational institutions, as defined in Section 529 of the Internal Revenue Code, rather than just institutions of postsecondary education. (Sections 166.400, 166.410, 166.415, 166.420, 166.425, 166.435, 166.440, and 166.456, and 166.502)

These provisions are identical to provisions contained in HS/HCS/HB 306 (2021), SCS/HCS/HB 320 (2021), HB 478 (2021), HB 540 (2021), HB 624 (2021), HB 627 (2021), and HB 980 (2021), and are similar to provisions contained in HCS/SS/SCS/SB 152 (2021), SCS/HCS/HB 1540 (2020), HCS/HB 2068 (2020) and HCS/HB 2261 (2020).

REDUCED RESTRICTION ON DEALING IN REAL PROPERTY

This act repeals a provision of current law prohibiting the Curators of the University of Missouri from subdividing, selling, or conveying title to land located within a university campus. (Section 172.020)

STATEWIDE PLAN FOR CAREER AND TECHNICAL EDUCATION CERTIFICATES

Under this act, the State Board of Education, in consultation with the Career and Technical Advisory Council, shall develop a statewide plan establishing the minimum requirements for a Career and Technical Education (CTE) Certificate. The statewide plan shall match workforce needs with appropriate educational resources.

Each local school district shall determine the curriculum, programs of study, and course offerings based on student needs and interests and the requirements of the statewide plan.

The Department of Elementary and Secondary Education shall convene work groups from each CTE program area. Such work groups shall develop and recommend performance standards or course competencies. The Department shall develop written model curriculum frameworks for CTE programs, which shall not be subject to certain limits on performance standards provided under existing law, as described in the act.

(Section 170.029)

This act is identical to SB 386 (2021) and HB 1868 (2020) and is similar to SB 536 (2020).

COLLEGE ATHLETICS

Under this act, a postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student athlete from fully participating in intercollegiate athletics without penalty for earning compensation for the use of such athlete's name, image, or likeness rights, or athletic reputation. Such compensation shall not affect a student athlete's grant-in-aid or stipend eligibility, amount, duration, or renewal. Such institution shall also not interfere with a student athlete's participation based on obtaining representation in relation to contracts or legal matters. Grant-in-aid and stipends shall not be construed as compensation for the use of a student athlete's name, image, or likeness rights, or athletic reputation.

Student athletes shall not enter into apparel, equipment, or beverage contracts requiring advertisement for such products during official, mandatory team activities which conflict with a term in a contract of a postsecondary educational institution.

Student athletes shall not enter into any contract for compensation for the use of such athlete's name, image, or likeness rights, or athletic reputation without the consent of such institution if the contracts conflicts with a term in a license or contract of such institution. Before the execution of any contract compensating a student athlete for the use of such athlete's name, image, likeness, or athletic reputation, regardless of whether a conflict exists, the student athlete shall disclose the contract to the institution.

Postsecondary educational institutions shall not compensate or cause compensation to a student athlete, prospective student athlete, or such an individual's family for the use of the individual's name, image, or likeness rights, or athletic reputation.

No contract of a college athletic program shall prevent a student athlete from receiving compensation for the use of such athlete's name, image, or likeness rights, or athletic reputation outside of official, mandatory team activities recorded in writing made publicly available upon request.

Institutions that enter into commercial agreements that directly or indirectly use a student athlete's name, image, or likeness rights, or athletic reputation, shall conduct a financial development program for student athletes, as described in the act.

Student athletes shall be represented only by an attorney or agent licensed in Missouri.

A student athlete may bring a civil suit for an injunction and actual damages against third parties in violation of this act. Such suit shall be brought in the county where the violation has occurred or will occur. Prevailing plaintiffs shall be awarded damages and court costs. Students bringing an action against a violator of the act shall not be deprived of any legal protections with respect to controversies arising under this act.

Legal settlements shall not conflict with this act.

This act applies only to contracts entered into, modified, or renewed on or after August 28, 2021. (Section 173.280)

These provisions are identical to provisions in SCS/HCS/HB 320 (2021) and similar to HB 498 (2021) and HB 614 (2021).

REMOVING TUITION CAP RESTRICTION

This act authorizes community colleges and public universities to exceed the percentage change limitations for tuition currently established in current law after July 1, 2022. Public institutions of higher education that utilize differentiated tuition shall notify the Department of Higher Education and Workforce Development and shall no longer utilize required course fees. (Section 173.1003)

These provisions are identical to HB 856 (2021) and to provisions in HCS/SB/SCS/SB 152 (2021) and SCS/HCS/HB 320 (2021) and are similar to SB 601 (2021) and HB 1383 (2021).

SOUTHEAST MISSOURI STATE UNIVERSITY

This act designates Southeast Missouri State University (SEMO) as an institution with a statewide mission in the visual and performing arts, computer science, and cybersecurity.

The act requires members of the Board of Governors for SEMO to be appointed as described in the act. (Sections 174.281 and 174.453)

These provisions are substantially similar to SB 397 (2021) and SB 910 (2020) and to provisions in SCS/HCS/HB 1540 (2020), HCS/HB 2151 (2020), and HCS/SS/SCS/SB 528 (2020).

NORTHWEST MISSOURI STATE UNIVERSITY

This act designates Northwest Missouri State University as an institution with a statewide mission in educator preparation, emergency and disaster management, and profession-based learning.

Current law provides that public institutions of higher education charged with a statewide mission shall be governed by a board of governors as described in current law. Under this act, Northwest Missouri State University shall continue to be governed by its board of regents. (Sections 174.283 and 174.450)

These provisions are substantially similar to HB 908 (2021) and are similar to SB 376 (2021).

HARRIS-STOWE UNIVERSITY

This act designates Harris-Stowe State University as an institution with a statewide mission in science, technology, engineering, and mathematics (STEM) for underrepresented and underresourced students. (Section 174.285)

MISSOURI WESTERN STATE UNIVERSITY

This act repeals provisions of current law setting forth the requirement that two of the eight voting members of the Board of Governors for Missouri Western State University be selected from any of the counties in the state outside of the counties set forth under current law.

This act also removes the cap on the number of members that may be appointed from any one county. (Section 174.453)

These provisions are identical to SB 219 (2021) and provisions in HCS/SB/SCS/SB 152 (2021) and SCS/HCS/HB 1540 (2020).

MATT KIMMINAU


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