Senate Substitute

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

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 (DHEWD) 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)

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 substantially similar to provisions contained in HB 627 (2021), SS/SCS/SBs 55, 23, & 25 (2021) and are similar to provisions contained in 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)

COLLEGE ATHLETICS

Under this act, a postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a college 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 college 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 contract of such institution. Before the execution of any such contract, 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 record in a writing made publicly available upon request.

Institutions that enter into commercial agreements that directly or indirectly use a college athlete's name, image, or likeness rights, or athletic reputation, shall conduct a financial development program of at least 15 hours once per year, as described in the act.

A college 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 July 1, 2021. (Section 173.280)

This act is substantially similar to HB 498 (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 DHEWD and shall no longer utilize required course fees. (Section 173.1003)

These provisions are similar to SB 601 (2021).

ADVANCED PLACEMENT COURSE CREDIT

This act requires public institutions of higher learning, other than Truman State University, to adopt and implement policies, as outlined in the act, to give undergraduate course credit to entering freshman students for each Advanced Placement (AP) examination upon which such student achieves a score of 3 or higher. The Coordinating Board for Higher Education shall consult with the Department of Elementary and Secondary Education to identify correlations between subject matter and content in courses and examinations in the AP program, and shall make such information public on the Board's website. (Section 173.1352)

This act includes similar language as found in HB 2151 (2020), HB 355 (2021), HCS/HB 627 (2021), HB 908 (2021) HCS for HB 856 (2021) and HB 1208 (2021).

SOUTHEAST MISSOURI STATE UNIVERSITY

This act designates Southeast Missouri State University 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.

These provisions are substantially similar to SB 397 (2021) and are similar to HB 2151 (2020) and HB 1121 (2019). (Sections 174.281 and 174.453)

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 identical to SB 376 (2021).

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 are substantially similar to a provision in SCS/HCS/HB 1540 (2020) and HCS/SS/SCS/SB 528 (2020).

MATT KIMMINAU


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