1. MISSOURI COMMUNITY COLLEGE ASSOCIATION TRUSTEE AND ADMINISTRATIVE PROFESSIONALS CONFERENCE MAY 25, 2016 Travis Elliott Ellis, Ellis, Hammons and Johnson, P.C. 901 East St. Louis Suite 600, Springfield, MO 65804 (417) 866-5091 telliott@eehjfirm.com

2. Community College District Chapter 178 ■ Body corporate and political subdivisions of the State of Missouri ■ Power – As a Board – all powers authorized by statute. ■ As an individual member – none. ■ Liability of Board Member ■ Statutory Authority

3. Chapter 178: Special Schools and Instruction and Special Districts – Community College Districts

4. 178.770, RSMo. Organization of Community College Districts – Standards – Corporate Powers of Districts ■ May sue and be sued ■ Levy and collect taxes (within limitations of sections 178.770 to 178.890) ■ Issue bonds ■ Possess same corporate powers as common and seven-directors school districts

5. 178.780, RSMo. Coordinating Board for Higher Education to Supervise Colleges - Duties Under supervision of the Coordinating Board for Higher Education: ■ Establishes role of two-year colleges in the state ■ Set up survey form for local surveys of needs and potential for two-year colleges ■ Provide supervision in the conducting of surveys ■ Require that results of studies by used in reviewing applications for approval ■ Establish and use survey results to set priorities

6. 178.780 Continued… ■ Require initiative to establish two-year college to come from area to be served ■ Administer state financial support program ■ Supervise community college districts ■ Formulate and put into effect uniform policies as to budgeting, record keeping and student accounting ■ Establish uniform minimum entrance requirements and uniform curricular offerings for all community colleges ■ Make a continuing study of community college education in the state

7. 178.780 Continued… ■ Responsible for accreditation of each community college. Conducted annually or as often as deemed advisable and made in a manner consistent with rules and regulations established and applied uniformly to all community colleges. Standards for accreditation formulated with due consideration to curriculum offerings and entrance requirements of the University of Missouri.

8. 178.790. Boundaries of Community College Districts

9. 178.800. Petition to Establish District – Election on Proposal

10. 178.820. Trustees, Election of – Subdistricts – Redistricting Committees – Trustee of Subdistrict, Residency Requirements, Qualifications ■ Provisions for initial election ■ Redistricting committee and process for formation of subdistricts – at least two and not more than six ■ Board of Trustees – Six (6) members – Staggered six (6) year terms ■ Qualifications – Citizen of the United States – Twenty-one (21) years of age – Votes of district for at least one whole year preceding the election – If other than at-large trustees – voter of subdistrict for at least one whole year next preceding the election

11. 178.820 Continued…. ■ If district that contains a city not within a county (City of St. Louis) – Seven (7) member district – Six members elected to six (6) year term, one at-large member appointed to six year term by Coordinating Board for Higher Education.

12. 178.830, RSMo. Board of Trustees – Oath – Quorum – Vacancies Filled, How – Seal ■ Take oath of office per Article VII, Section 2, Missouri Constitution ■ Organize by election of president, vice president, secretary and treasurer – Secretary and treasurer need not be members of the Board ■ Majority of Board constitutes a quorum for transaction of business ■ No contract let, teacher employed or dismissed, or bill approved unless a majority of the whole board votes in favor. ■ Vacancies filled by appointment by remaining members of the board – Appointee holds office until the next election help by the community college district when a trustee shall be elected for unexpired term ■ Keep a common seal

13. 178.835, RSMo. Discipline of Students ■ Governing body of community college district – Possess full power and authority to adopt rules and regulations: ■ For guidance and supervision of the conduct of college students ■ To enforce compliance ■ To delegate to appropriate persons in the district the power to discipline students, including the power of suspension and expulsion, for violation of rules and regulations

14. 178.835 Continued… ■ May delegate to any administrator or acting administrator designated by governing body to: – Suspend summarily any student whose presence on the district facility would, in the opinion of the administrator, seriously disrupt the operation of the district – Constitute a danger to the records or other physical properties of the district, or to the health, safety or welfare of the student or other persons – Summary suspension shall not exceed a period of five (5) days, unless within that time the district has commenced formal disciplinary procedure and diligently pursues each procedure until conclusion, in which such summary suspension may be continued until such conclusion

15. 178.840, RSMo. Election, When Held, How Conducted – Certification of Votes Cast ■ Elections held on municipal election days ■ If trustees elected other than at large, only voters within subdistrict from which the trustee(s) are to be elected may cast ballots for the trustee(s). ■ Candidates for office of trustee file declaration of candidacy with the secretary of the Board ■ Majority of then qualified members of the Board shall: – Declare and certify the candidates receiving the greatest number of votes for terms of six (6) years each until successors are elected and qualified – Declare and certify the results of votes cast on any questions presented at the election

16. 178.850, RSMo. District to Provide College Courses – Per Capita Cost to be Determined – Tuition Charges ■ Community college district shall provide: – Instruction – Classes – School or schools for pupils resident within the community college district who have completed an approved high school course ■ Board determines per capita cost of college courses – Must file with Coordinating Board for Higher Education for approval – Upon approval, Board must require all non-residents who are accepted as pupils a tuition fee in the sum necessary for maintenance of the college courses – May charge resident pupils the amounts deemed necessary to maintain college courses, taking into consideration the other funds available under law for support of college courses

17. 178.860, RSMo. Board to Appoint Employees – Fix Compensation – Teachers to be Members of Public School Retirement System ■ Board of Trustees appoints employees of the community college ■ Define and assign powers and duties ■ Fix compensation ■ Certificated personnel shall be members of the public school retirement system of Missouri under 169.010, RSMo.

18. 178.862, RSMo. Community College District Police – Oath, Powers, Qualifications ■ Board may appoint and employ college police officers as deemed necessary to protect persons, property and to preserve peace and good order only in the public buildings, properties, grounds, and other facilities and locations over which they have charge or control ■ College police officers, before entering upon their duties, shall take and subscribe an oath of office before an officer authorized to administer oaths, to faithfully and impartially discharge their duties ■ Oath to be filed in office of the Board of Trustees ■ Secretary of Board shall give each college police officers appointed and qualified a certificate of appointment under the seal of the Board – empowers officer with same authority to maintain order, preserve peace and make arrests as held by peace officers

19. 178.862 Continued… ■ College police officers may expel from public buildings, campuses, and grounds, persons violating the rules and regulations that may be prescribed by the Board or others under the authority of the Board ■ Such officer or employee of the community college as designated by the Board shall have immediate charge, control and supervision of college police officers appointed ■ College police officers shall have satisfactorily completed before appointment, or within six months after appointment, a training course for college police officers which shall consist of at least three hundred twenty hours as prescribed by the superintendent of the Missouri state highway patrol ■ Community college district shall reimburse all college police officers appointed who complete the training course for all reasonable and necessary expenses incurred in taking the training course, and shall reimburse the highway patrol for any expenses directly relating to the prescribed or holding of a training course which are recommended by the patrol ■ Provisions do not deny Board the right to appoint guards or watchmen who shall not be given the authority and powers set out in this section

20. 178.870, RSMo. Tax Rates, Limits – How Increased and Decreased ■ Tax imposed on property subject to taxing power of community college district without voter approval shall not exceed rates based on assessed valuation in each district ■ Increases in the rate with voter approval to be made in the manner provided in Chapter 164 for school districts

21. 178.880, RSMo. Taxation of Public Utility Property – Rate not Included in Determining Rate to the Levied by Other School Districts ■ Public utility property taxed at the same rate of taxation levied on other property in the community college district to the same extent that property is subject to assessment and taxation for general county purposes, but taxes levied by community college districts not included for purpose of determining average school levy for other school districts in the county in which they are situated ■ Taxes levied against property by community college districts collected in the same manner as taxes collected on property from general county taxes

22. 178.881, RSMo. Community College Capital Improvement Subdistrict may be Established, Boundaries, Taxation – Ballot Language – Dissolution of Subdistrict ■ Board may establish a community college capital improvement subdistrict ■ Boundaries must be within boundaries of community college district ■ Board may propose an annual rate of taxation for sole purpose of capital projects, to be submitted to a vote of the people within the subdistrict ■ Statute provides that the question shall be submitted in substantially the form presented ■ If tax not approved by voters within a five (5) year period from the establishment of the capital improvement subdistrict, it shall be dissolved by the Board

23. 178.890, RSMo. Annexation of School Districts – New Community College District Formed, When – Refusal without Cause of Petition to Annex, Penalty ■ Sets forth procedures for annexation dependent upon existence of adjoining community college district