173.1003. Change in tuition rate to be reported to board--permissible percentage change, exceptions--definitions. - Missouri Statutes

Change in tuition rate to be reported to board--permissible percentagechange, exceptions--definitions.

173.1003. 1. Beginning with the 2008-09 academic year, each approvedpublic institution, as such term is defined in section 173.1102, shallsubmit its percentage change in the amount of tuition from the currentacademic year compared to the upcoming academic year to the coordinatingboard for higher education by July first preceding such academic year.

2. For institutions whose tuition is greater than the averagetuition, the percentage change in tuition shall not exceed the percentagechange of the consumer price index or zero, whichever is greater.

3. For institutions whose tuition is less than the average tuition,the dollar increase in tuition shall not exceed the product of zero or thepercentage change of the consumer price index, whichever is greater, timesthe average tuition.

4. If a tuition increase exceeds the limits set forth in subsections2 or 3 of this section, then the institution shall be subject to theprovisions of subsection 5 of this section.

5. Any institution that exceeds the limits set forth in subsections 2or 3 of this section shall remit to the board an amount equal to fivepercent of its current year state operating appropriation amount whichshall be deposited into the general revenue fund unless the institutionappeals, within thirty days of such notice, to the commissioner of highereducation for a waiver of this provision. The commissioner, after meetingwith appropriate representatives of the institution, shall determinewhether the institution's waiver request is sufficiently warranted, inwhich case no fund remission shall occur. In making this determination,the factors considered by the commissioner shall include but not be limitedto the relationship between state appropriations and the consumer priceindex and any extraordinary circumstances. If the commissioner determinesthat an institution's tuition percent increase is not sufficientlywarranted and declines the waiver request, the commissioner shall recommendto the full coordinating board that the institution shall remit an amountup to five percent of its current year state operating appropriation to theboard, which shall deposit the amount into the general revenue fund. Thecoordinating board shall have the authority to make a binding and finaldecision, by means of a majority vote, regarding the matter.

6. The provisions of subsections 2 to 5 of this section shall notapply to any community college unless any such community college's tuitionfor any Missouri resident is greater than or equal to the average tuition.If the provisions of subsections 2 to 5 of this section apply to acommunity college, subsections 2 to 5 of this section shall only apply toout-of-district Missouri resident tuition.

7. For purposes of this section, the term "average tuition" shall bethe sum of the tuition amounts for the previous academic year for eachapproved public institution that is not excluded under subsection 6 of thissection, divided by the number of such institutions. The term "consumerprice index" shall mean the Consumer Price Index for All Urban Consumers(CPI-U), 1982-1984 = 100, not seasonally adjusted, as defined andofficially recorded by the United States Department of Labor, or itssuccessor agency, from January first of the current year compared toJanuary first of the preceding year. The term "state appropriation" shallmean the state operating appropriation for the prior year per full-timeequivalent student for the prior year compared to state operatingappropriation for the current year per full-time equivalent student for theprior year. The term "tuition" shall mean the amount of tuition andrequired fees, excluding any fee established by the student body of theinstitution, charged to a Missouri resident undergraduate enrolled infifteen credit hours at the institution.

8. Nothing in this section shall be construed to usurp or precludethe ability of the governing board of an institution of higher education toestablish tuition or required fee rates.

(L. 2007 S.B. 389)