Bill would give higher-ed board legal power

Two Missouri Senate bills would allow the Missouri Coordinating Board for Higher Education to withhold state funding.

By Jedd Rosche

Published Jan. 24, 2006

As early as next week, members of the Missouri Senate Education Committee could decide to approve a bill giving the commissioner of higher education the power to withhold state funding from universities if they fail to comply with the commissioner's policies.

Two Missouri Senate bills — 590 and 857 — would make Missouri Coordinating Board for Higher Education decisions legally binding. Previously, those decisions were regarded as advisory and could be ignored without penalty.

UM system President Elson Floyd endorsed the bills last Tuesday during testimony before the Senate Education Committee.

UM system spokesman Joe Moore said Floyd supported the bills as ways to strengthen the Coordinating Board for Higher Education.

"The general concept behind the coordinating board is to make the best use of all exist ing resources for higher education in the state of Missouri," Moore said. "In order to do this, the board must be able to at least in some degree enforce policy."

Moore said the UM system already works closely with the Coordinating Board for Higher Education and did not fear being penalized under the new law.

Also, he said Floyd requested an amendment to the bills that would allow an institution to appeal fines levied by the board.

That amendment has been added to Senate Bill 857.

Moore said Floyd has not decided if he would continue to support the bill without the power to appeal the board's decisions.

The bills, which have not been heard by the full Senate, only allow the commissioner to withhold 1 percent of state appropriations.

In fiscal year 2007, 1 percent of state funding to the UM system would be slightly more than $4 million, according to the Missouri Department of Higher Education.

The bills' author, Sen. Gary Nodler, R-Neosho, is the chairman of the education committee.

"The problem is we've created a board with a responsibility but without the authority to carry out that responsibility," Nodler said.

Nodler said the leaders of Missouri's four-year colleges and universities have endorsed the bills, and they have gained support from the Missouri Community College Association.

Commissioner of Higher Education Greg Fitch said that several politicians, including Nodler, had approached him to help with writing the two bills.

"The majority of people believe the coordinating board needs more teeth in this operation," Fitch said. "This is one of those things you would hope you would never use, but you need it to continue to operate."

Fitch said he was not aware of any political opposition to the bills.

Democratic leaders have approached the bills cautiously.

Leaders said though the Coordinating Board for Higher Education has little power to enforce its policies, they have not made a final decision on the bills yet.

Sen. Rita Days, R-St. Louis and a member of the education committee, said the bills presented information she had not previously considered.

"Basically, we could do two things with the commissioning board of education: We either give authority they need, the teeth they need to enforce the rules, or we disband the board," Days said. "I did not want to do that."

Ted Farnen, chief of staff for Sen. Chuck Graham, D-Columbia, said Graham had reached a similar conclusion.

"He hasn't decided whether or not this would be enough to empower the board," Farnen said.

If the bills pass, they would take effect on Aug. 28.