FIRST REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 213

94TH GENERAL ASSEMBLY

     Reported from the Committee on Education, May 10, 2007, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

0462S.09C

AN ACT

To amend chapter 173, RSMo, by adding thereto one new section relating to protecting student academic freedom.

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Chapter 173, RSMo, is amended by adding thereto one new section, to be known as section 173.057, to read as follows:

            173.057.  1.  Each public higher education institution shall have policies that promote academic freedom between and among students and faculty.  Each public higher education institution shall notify students of all policies and procedures associated with academic freedom.

            2.  No student shall be penalized for the expression of an opinion when such opinion relates to the subject matter being taught or issues being discussed.  Students who believe that their rights to a learning environment that is founded on academic freedom have been violated shall be entitled to file a grievance alleging that the provisions of this section have been violated.

            3.  Each public institution of higher education shall establish and maintain procedures by which students may file grievances alleging the provisions of subsections 1 or 2 of this section have been violated; provided, however, that when a student's grievance relates to a grade or examination score, that student shall first exhaust the institution's academic grievance process.

            4.  When any student asks a course instructor for assistance in how to file a grievance about an alleged student academic freedom policy violation, the course instructor shall inform the student of all options available for resolving the student's grievance.

            5.  No later than July 1, 2008, each public higher education institution shall submit to the coordinating board for higher education a report detailing the specific measures taken to promote student academic freedom.  The coordinating board for higher education shall make each report available to any party that so requests, including the governor, members of the general assembly, and members of the public.  Each report shall include information including, but not limited to, the following:

            (1)  The full text of the policies and procedures required in subsection 1 to 4 of this section;

            (2)  The process to notify students of all policies and procedures associated with student academic freedom;

            (3)  The number of grievances filed by students alleging that policies promoting academic freedom have been violated and the resolution of each grievance during the previous twelve months;

            (4)  The process used to notify course instructors of their responsibility associated with student grievances as set forth in subsection 4 of this section.

            6.  No later than July 1, 2009, and annually thereafter, each public higher education institution shall submit to the coordinating board for higher education a report detailing any changes of the policies and procedures required in subdivisions (1) to (4) of subsection 5 of this section and the number of grievances filed by students alleging that policies promoting academic freedom have been violated and the resolution of each grievance during the previous twelve months.  Within three months of receiving reports from public higher education institutions, the coordinating board for higher education shall provide a report to the general assembly compiling the number of grievances received at each public institution of higher education for the given year.

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