SECOND REGULAR SESSION
SENATE BILL NO. 1229
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR GIBBONS.
Read 1st time February 27, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
4896S.01I
AN ACT
To repeal sections 173.205 and 335.212, RSMo, relating to the Charles Gallagher student financial assistance program and the nursing student loan program, and to enact in lieu thereof two new sections relating to the same subject.
Section A. Sections 173.205 and 335.212, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 173.205 and 335.212, to read as follows:
173.205. As used in sections 173.200 to 173.230, unless the context requires otherwise, the following terms mean:
(1) "Academic year", the period from August first of any year through July thirty-first of the following year;
(2) "Approved private institution", [a nonprofit institution,] an institution offering baccalaureate degrees dedicated to educational purposes, located in Missouri which:
(a) Is operated privately under the control of an independent board and not directly controlled or administered by any public agency or political subdivision;
(b) Provides a postsecondary course of instruction at least six months in length leading to or directly creditable toward a certificate or degree;
(c) Meets the standards for accreditation as determined by either the North Central Association of Colleges and Secondary Schools or by other accrediting bodies recognized by the United States Office of Education or by utilizing accreditation standards applicable to nondegree-granting institutions as established by the coordinating board for higher education;
(d) Does not discriminate in the hiring of administrators, faculty and staff or in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto. Sex discrimination as used herein shall not apply to admission practices of institutions offering the enrollment limited to one sex;
(e) Permits faculty members to select textbooks without influence or pressure by any religious or sectarian source;
(3) "Approved public institution", an educational institution located in Missouri which:
(a) Is directly controlled or administered by a public agency or political subdivision;
(b) Receives appropriations directly or indirectly from the general assembly for operating expenses;
(c) Provides a postsecondary course of instruction at least six months in length leading to or directly creditable toward a degree or certificate;
(d) Meets the standards for accreditation as determined by either the North Central Association of Colleges and Secondary Schools, or if a public junior college created pursuant to the provisions of sections 178.370 to 178.400, RSMo, meets the standards established by the coordinating board for higher education for such public junior colleges, or by other accrediting bodies recognized by the United States Office of Education or by utilizing accreditation standards applicable to the institution as established by the coordinating board for higher education;
(e) Does not discriminate in the hiring of administrators, faculty and staff or in the admission of students on the basis of race, color, religion, sex, or national origin and is otherwise in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto;
(f) Permits faculty members to select textbooks without influence or pressure by any religious or sectarian source;
(4) "Coordinating board", the coordinating board for higher education;
(5) "Financial assistance", an amount of money paid by the state of Missouri to a qualified applicant pursuant to sections 173.200 to 173.230;
(6) "Financial need", the difference between the financial resources available to an applicant, as determined by the coordinating board, and the applicant's anticipated expenses, including tuition, mandatory fees, and board and room while attending an approved private or public institution of postsecondary education. In determining need the coordinating board shall employ a formula similar to nationally recognized comprehensive mechanisms for determining need, such as those of the American College Testing Program or the College Scholarship Service;
(7) "Full-time student", an individual who is enrolled in and is carrying sufficient number of credit hours or their equivalent at an approved private or public institution to secure the degree or certificate toward which he is working in no more than the number of semesters or their equivalent normally required by that institution in the program in which the individual is enrolled.
335.212. As used in sections 335.212 to 335.242, the following terms mean:
(1) "Board", the Missouri state board of nursing;
(2) "Department", the Missouri department of health and senior services;
(3) "Director", director of the Missouri department of health and senior services;
(4) "Eligible student", a resident who has made application to be a full-time student in a formal course of instruction leading to an associate degree, a diploma, a bachelor of science, or a master of science in nursing or leading to the completion of educational requirements for a licensed practical nurse;
(5) "Participating school", an institution within this state which is approved by the board for participation in the professional and practical nursing student loan program established by sections 335.212 to 335.242, having a nursing department and offering a course of instruction based on nursing theory and clinical nursing experience;
(6) "Qualified applicant", an eligible student approved by the board for participation in the professional and practical nursing student loan program established by sections 335.212 to 335.242;
(7) "Qualified employment", employment on a full-time basis in Missouri in a position requiring licensure as a licensed practical nurse or registered professional nurse in any hospital as defined in section 197.020, RSMo, or public or nonprofit agency, institution, or organization located in an area of need as determined by the department of health and senior services. Any forgiveness of such principal and interest for any qualified applicant engaged in qualified employment on a less than full-time basis may be prorated to reflect the amounts provided in this section;
(8) "Resident", any person who has lived in this state for one or more years for any purpose other than the attending of an educational institution located within this state.