Bill Text: MI SB0305 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; higher education; higher education; provide for fiscal year 2009-2010. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-03 - Referred To Committee On Appropriations [SB0305 Detail]
Download: Michigan-2009-SB0305-Introduced.html
SENATE BILL No. 305
EXECUTIVE BUDGET BILL
March 3, 2009, Introduced by Senator SWITALSKI and referred to the Committee on Appropriations.
A bill to make appropriations for the state institutions of
higher education and certain state purposes related to education
for the fiscal year ending September 30, 2010; to provide for the
expenditure of those appropriations; and to prescribe the powers
and duties of certain state departments, institutions, agencies,
employees, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this bill,
the amounts listed in this bill are appropriated for the state
institutions of higher education and certain state purposes related
to education for the fiscal year ending September 30, 2010, from
the funds indicated in this bill. The following is a summary of the
appropriations in this bill:
HIGHER EDUCATION
APPROPRIATION SUMMARY:
Full-time equated classified positions............ 1.0
GROSS APPROPRIATION.................................... $ 1,719,405,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 1,719,405,300
Federal revenues:
Total federal revenues................................. 7,400,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 166,400,100
State general fund/general purpose..................... $ 1,545,605,200
SUBPART A – RESEARCH UNIVERSITIES
Sec. 102. MICHIGAN STATE UNIVERSITY
Operations............................................. $ 283,909,000
Cooperative state agricultural research and extension
service............................................... 32,000,000
GROSS APPROPRIATION.................................... $ 315,909,000
Appropriated from:
State general fund/general purpose..................... $ 315,909,000
Sec. 103. UNIVERSITY OF MICHIGAN - ANN ARBOR
Operations............................................. $ 316,572,000
GROSS APPROPRIATION.................................... $ 316,572,000
Appropriated from:
State general fund/general purpose..................... $ 316,572,000
Sec. 104. WAYNE STATE UNIVERSITY
Operations............................................. $ 214,325,400
GROSS APPROPRIATION.................................... $ 214,325,400
Appropriated from:
State general fund/general purpose..................... $ 214,325,400
SUBPART B – STATE UNIVERSITIES
Sec. 105. CENTRAL MICHIGAN UNIVERSITY
Operations............................................. $ 80,064,200
GROSS APPROPRIATION.................................... $ 80,064,200
Appropriated from:
State general fund/general purpose..................... $ 80,064,200
Sec. 106. EASTERN MICHIGAN UNIVERSITY
Operations............................................. $ 75,965,600
GROSS APPROPRIATION.................................... $ 75,965,600
Appropriated from:
State general fund/general purpose..................... $ 75,965,600
Sec. 107. FERRIS STATE UNIVERSITY
Operations............................................. $ 48,621,800
GROSS APPROPRIATION.................................... $ 48,621,800
Appropriated from:
State general fund/general purpose..................... $ 48,621,800
Sec. 108. GRAND VALLEY STATE UNIVERSITY
Operations............................................. $ 62,018,400
GROSS APPROPRIATION.................................... $ 62,018,400
Appropriated from:
State general fund/general purpose..................... $ 62,018,400
Sec. 109. LAKE SUPERIOR STATE UNIVERSITY
Operations............................................. $ 12,561,900
GROSS APPROPRIATION.................................... $ 12,561,900
Appropriated from:
State general fund/general purpose..................... $ 12,561,900
Sec. 110. MICHIGAN TECHNOLOGICAL UNIVERSITY
Operations............................................. $ 47,870,800
GROSS APPROPRIATION.................................... $ 47,870,800
Appropriated from:
State general fund/general purpose..................... $ 47,870,800
Sec. 111. NORTHERN MICHIGAN UNIVERSITY
Operations............................................. $ 45,148,900
GROSS APPROPRIATION.................................... $ 45,148,900
Appropriated from:
State general fund/general purpose..................... $ 45,148,900
Sec. 112. OAKLAND UNIVERSITY
Operations............................................. $ 50,690,700
GROSS APPROPRIATION.................................... $ 50,690,700
Appropriated from:
State general fund/general purpose..................... $ 50,690,700
Sec. 113. SAGINAW VALLEY STATE UNIVERSITY
Operations............................................. $ 27,710,100
GROSS APPROPRIATION.................................... $ 27,710,100
Appropriated from:
State general fund/general purpose..................... $ 27,710,100
Sec. 114. UNIVERSITY OF MICHIGAN - DEARBORN
Operations............................................. $ 24,703,600
GROSS APPROPRIATION.................................... $ 24,703,600
Appropriated from:
State general fund/general purpose..................... $ 24,703,600
Sec. 115. UNIVERSITY OF MICHIGAN - FLINT
Operations............................................. $ 20,871,700
GROSS APPROPRIATION.................................... $ 20,871,700
Appropriated from:
State general fund/general purpose..................... $ 20,871,700
Sec. 116. WESTERN MICHIGAN UNIVERSITY
Operations............................................. $ 109,616,000
GROSS APPROPRIATION.................................... $ 109,616,000
Appropriated from:
State general fund/general purpose..................... $ 109,616,000
SUBPART C – STATE AND REGIONAL PROGRAMS, GRANTS, AND FINANCIAL AID
Sec. 117. STATE AND REGIONAL PROGRAMS
Full-time equated positions....................... 1.0
Higher education database modernization and
conversion--1.0 FTE position......................... $ 200,000
Midwestern higher education compact.................... 95,000
GROSS APPROPRIATION.................................... $ 295,000
Appropriated from:
State general fund/general purpose..................... $ 295,000
Sec. 118. GRANTS AND FINANCIAL AID
Michigan college access grants......................... $ 89,760,100
Robert C. Byrd honors scholarship program.............. 1,500,000
Michigan merit award program........................... 100
Michigan promise grant program......................... 140,000,000
Tuition incentive program.............................. 31,200,000
Children of veterans tuition grant program............. 1,000,000
Project gear-up........................................ 3,000,000
GROSS APPROPRIATION.................................... $ 266,460,200
Appropriated from:
Federal revenues:
Higher education act of 1965, title IV, 20 USC......... 2,900,000
Higher education act of 1965, title IV, part A......... 1,500,000
United States department of education, office of
elementary and secondary education, gear-up.......... 3,000,000
Special revenue funds:
Michigan merit award trust fund........................ 166,100,100
Contributions to children of veterans tuition grant
program.............................................. 300,000
State general fund/general purpose..................... $ 92,660,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under this bill for fiscal year 2009-2010 is $1,712,005,300 and
state spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $0.00.
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill, "research university" means a
public university classified as a "research university (very high
research activity)" under the 2005 classification of institutions
of higher education conducted by the Carnegie foundation for the
advancement of teaching.
Sec. 208. Unless otherwise specified, the institutions of
higher education receiving appropriations in part 1 shall use the
Internet to fulfill the reporting requirements of this bill. This
requirement may include transmission of reports via electronic mail
to the recipients identified for each reporting requirement, or it
may include placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods and
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
value. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. Funds appropriated in part 1 to state institutions
of higher education shall not be used to enter into a lease for, or
to purchase, a vehicle assembled or manufactured outside of the
United States if competitively priced and comparable quality
vehicles made in the state of Michigan or elsewhere in the United
States of America are available.
Sec. 212. (1) The funds appropriated in part 1 to state
institutions of higher education shall be paid out of the state
treasury and distributed by the state treasurer to the respective
institutions in 11 equal monthly installments on the sixteenth of
each month, or the next succeeding business day, beginning with
October 16, 2009. Except for Wayne State University, each
institution shall accrue its July and August 2010 payments to its
institutional fiscal year ending June 30, 2010.
(2) All universities shall submit higher education
institutional data inventory (HEIDI) data and associated financial
and program information requested by and in a manner prescribed by
the state budget director. For universities with fiscal years
ending June 30, 2009, these data shall be submitted to the state
budget director by October 15, 2009. Universities with a fiscal
year ending September 30, 2009 shall submit preliminary HEIDI data
by November 15, 2009 and final data by December 15, 2009. If a
university fails to submit HEIDI data and associated financial aid
program information in accordance with this reporting schedule, the
state treasurer may withhold the monthly installments under
subsection (1) to the university until those data are submitted.
Sec. 213. Funds received by the state from the federal
government or private sources for the use of a college or
university are appropriated for the purposes for which they are
provided. The acceptance and use of federal or private funds do not
place an obligation upon the legislature to continue the purposes
for which the funds are made available.
Sec. 215. A state institution of higher education that
receives funds under this bill shall furnish all program and
financial information that is required by and in a manner
prescribed by the state budget director or the house or senate
appropriations committee.
GRANTS AND FINANCIAL AID
Sec. 304. (1) Included in the appropriation in part 1 is
funding for the Michigan college access grants which shall be
administered by the Michigan higher education assistance authority
(MHEAA).
(2) The Michigan college access grants shall be paid to
financially needy Michigan undergraduate students attending a
Michigan public or independent college or university. The
department of treasury shall annually establish financial need
based upon the federal methodology for determining the expected
family contribution (EFC) toward education costs using information
provided in the student’s free application for federal student aid
(FAFSA). For academic year 2009-2010 an EFC of $7,750 or less
shall qualify an otherwise eligible student for a Michigan college
access grant. The EFC shall be adjusted annually by the department
of treasury to ensure eligibility of students is based on
comparable adjusted gross income reported on FAFSA submissions.
(3) In addition to the financial need determination made under
subsection (2), to receive a Michigan college access grant the
student must meet the following additional requirements:
(a) Is a citizen of the United States as defined on the FAFSA
and is a Michigan resident.
(b) Is not incarcerated in a correctional institution.
(c) Has graduated from high school or passed the general
educational development (GED) test or any other high school
graduate equivalency examination approved by the state board of
education.
(d) Has taken the Michigan merit examination if graduated from
high school after the 2006-2007 academic year.
(e) Is enrolled at least half-time in a degree or certificate
granting program at a Michigan postsecondary institution that is an
accredited institution as defined by 2005 PA 100, MCL 390.1601 to
390.1605.
(f) Has not yet received a baccalaureate degree.
(g) Has a qualifying FAFSA that was received before March 1
preceding the start of the academic year.
(h) Maintains satisfactory academic progress as determined by
the postsecondary institution.
(i) Is not enrolled in an institution whose primary purpose is
to prepare students for ordination or appointment as a member of
the clergy of a church, denomination, or religious association,
order, or sect.
(j) Meets any additional eligibility requirements established
by the MHEAA.
(4) Awards shall be made to students who apply and qualify
after March 1 as funds permit.
(5) A student who remains eligible must apply annually by
submitting a FAFSA and may receive a Michigan college access grant
for no more than 10 semesters or its equivalent in trimesters or
quarters of undergraduate education, or the equivalent as
determined by the MHEAA for less than full-time students.
(6) The MHEAA shall determine the annual maximum amount of a
Michigan college access grant and shall establish a proportional
award amount for recipients enrolled less than full-time in a given
semester or term that ensures that the aggregate Michigan college
access grants payments do not exceed the appropriation contained in
part 1 for the program. If the funds are insufficient to pay all
awards, the MHEAA shall prorate the awards and notify the house and
senate fiscal agencies and the state budget director of this
proration.
Sec. 307. The auditor general may audit selected enrollments,
degrees, and awards at selected independent colleges and
universities receiving awards administered by the department of
treasury. The audits shall be based upon definitions and
requirements established by the Michigan higher education
assistance authority, the state budget director, and the senate and
house fiscal agencies. The auditor general shall accept the Free
Application for Federal Student Aid (FAFSA) form as the standard of
residency documentation. The auditor general shall submit a report
of findings to the senate and house appropriations committees and
state budget director by May 1, 2010.
Sec. 308. The sums appropriated in part 1 for the student
financial aid programs shall be paid out of the state treasury and
shall be distributed to the respective institutions under a
quarterly payment system as follows:
(a) For the Michigan college access grants and tuition
incentive programs, 40% shall be paid at the beginning of the
state's first fiscal quarter, 40% at the beginning of the state's
second fiscal quarter, l0% at the beginning of the state's third
fiscal quarter, and l0% at the beginning of the state's fourth
fiscal quarter.
(b) For the Robert C. Byrd honors scholarship program, 50%
shall be paid at the beginning of the state's first fiscal quarter
and 50% at the beginning of the state's second fiscal quarter.
Sec. 310. (1) The funds appropriated in part 1 for the tuition
incentive program shall be distributed as provided in this section
and pursuant to the administrative procedures for the tuition
incentive program of the department of treasury.
(2) As used in this section:
(a) "Phase I" means the first part of the tuition incentive
assistance program defined as the academic period of 80 semester or
120 term credits, or less, leading to an associate degree or
certificate.
(b) "Phase II" means the second part of the tuition incentive
assistance program which provides assistance in the third and
fourth year of 4-year degree programs.
(c) "Department" means the department of treasury.
(3) A person shall meet the following basic criteria and
financial thresholds to be eligible for tuition incentive benefits:
(a) To be eligible for phase I, a person shall meet all of the
following criteria:
(i) Apply for certification to the department before graduating
from high school or completing the general education development
(GED) certificate.
(ii) Be less than 20 years of age at the time of high school
graduation or GED completion.
(iii) Be a United States citizen and a resident of Michigan
according to institutional criteria.
(iv) Be at least a half-time student, earning less than 80
semester or 120 term credits at a participating educational
institution within 4 years of high school graduation or GED
certificate completion.
(v) Request information on filing a FAFSA.
(b) To be eligible for phase II, a person shall meet either of
the following criteria in addition to the criteria in subdivision
(a):
(i) Complete at least 56 transferable semester or 84
transferable term credits.
(ii) Obtain an associate degree or certificate at a
participating institution.
(c) To be eligible for phase I or phase II, a person must be
financially eligible as determined by the department. A person is
financially eligible for the tuition incentive program if that
person was Medicaid eligible for 24 months within the 36 months
before application. Certification of eligibility may begin in the
sixth grade.
(4) For phase I, the department shall provide payment on
behalf of a person eligible under subsection (3). The department
shall reject billings that are excessive or outside the guidelines
for the type of educational institution.
(5) For phase I, all of the following apply:
(a) Payments for associate degree or certificate programs
shall not be made for more than 80 semester or 120 term credits for
any individual student at any participating institution.
(b) For persons enrolled at a Michigan community college, the
department shall pay the current in-district tuition and mandatory
fees. For persons residing in an area that is not included in any
community college district, the out-of-district tuition rate may be
authorized.
(c) For persons enrolled at a Michigan public university, the
department shall pay lower division resident tuition and mandatory
fees for the current year.
(d) For persons enrolled at a Michigan independent, nonprofit
degree-granting college or university, or a Michigan federal
tribally controlled community college, or Focus: HOPE, the
department shall pay mandatory fees for the current year and a per-
credit payment that does not exceed the average community college
in-district per-credit tuition rate as reported on August 1, for
the immediately preceding academic year.
(6) A person participating in phase II may be eligible for
additional funds not to exceed $500.00 per semester or $400.00 per
term up to a maximum of $2,000.00 subject to the following
conditions:
(a) Credits are earned in a 4-year program at a Michigan
degree-granting 4-year college or university.
(b) The tuition reimbursement is for coursework completed
within 30 months of completion of the phase I requirements.
(7) The department shall work closely with participating
institutions to develop an application and eligibility
determination process that will provide the highest level of
participation and ensure that all requirements of the program are
met.
(8) Applications for the tuition incentive program may be
approved at any time after the student begins the sixth grade. If a
determination of financial eligibility is made, that determination
is valid as long as the student meets all other program
requirements and conditions.
(9) Each institution shall ensure that all known available
restricted grants for tuition and fees are used prior to billing
the tuition incentive program for any portion of a student's
tuition and fees.
(10) The department shall ensure that the tuition incentive
program is well publicized and that potentially eligible Medicaid
clients are provided information on the program. The department
shall provide the necessary funding and staff to fully operate the
program.
Sec. 311. To enable the legislature and the state budget
director to evaluate the appropriation needs of higher education,
each independent college and university shall make available to the
legislature or state budget director, upon request, data regarding
grants for the preceding, current, and ensuing fiscal years.
Sec. 315. By March 31 of each year, the department of treasury
shall submit a report to the state budget director, the house and
senate appropriations subcommittees on higher education, and the
house and senate fiscal agencies for the preceding fiscal year on
all student financial aid programs for which funds are appropriated
in part 1. For each student financial aid program, the report shall
include, but is not limited to, the total number of awards paid in
the preceding fiscal year, the total dollar amount of those awards,
and the number of students receiving awards and the total amount of
those awards at each eligible postsecondary institution. To the
extent information is available, the report shall also include
information on the average exam performance, household income, and
other demographic characteristics of students receiving awards
under each program and historical information on the number of
awards and total award amounts for each program.
UNIVERSITY OPERATIONS
Sec. 433. (1) From the funds appropriated in part 1 for the
cooperative state agricultural research and extension service,
there is appropriated a minimum of $8,000,000.00 for project GREEEN
and a minimum of $8,000,000.00 for the animal agriculture
initiative.
(a) Project GREEEN is intended to address critical regulatory,
food safety, economic, and environmental problems faced by this
state's plant-based agriculture, bioeconomy, forestry, and
processing industries. "GREEEN" is an acronym for generating
research and extension to meet environmental and economic needs.
(b) The animal agricultural initiative is intended to address
critical regulatory, food safety, economic, and environmental
problems faced by this state's animal-based agriculture,
bioeconomy, and processing industries.
(2) The department of agriculture and Michigan State
University, in consultation with agricultural commodity groups and
other interested parties, shall develop project GREEEN and the
animal agricultural initiative and each of the programs’
priorities.
(3) Not later than September 30, 2010, a report shall be
submitted by Michigan State University to the state budget
director, the house and senate appropriations subcommittees on
agriculture and on higher education, and the house and senate
fiscal agencies for the preceding school fiscal year regarding
expenditures and programmatic outcomes of the cooperative state
agricultural research and extension service. The report shall
include, but is not limited to:
(a) Total funds expended by the cooperative state
agricultural research and extension service identified by state,
local, private, federal and university fund sources.
(b) The dollar amount of each project GREEEN project and a
review of each project's performance and accomplishments.
(c) The dollar amount of each animal agricultural initiative
project and a review of each project’s performance and
accomplishments.
(d) The dollar amount and description of all other individual
programs and services provided by the cooperative state
agricultural research and extension service and a review of each
project’s performance and accomplishments.
(e) The number of businesses created or that had increased
employment and the number of patents generated as a result of work
conducted by the cooperative state agricultural research and
extension service.
Sec. 436. It is expected that a public university or community
college receiving federal stimulus funds will not raise tuition and
fees charged to Michigan residents for the remainder of 2008-2009
and for 2009-2010.
Sec. 440. All universities shall submit the amount of tuition
and fees actually charged to a full-time resident undergraduate
student for academic year 2009-2010 as part of their higher
education institutional data inventory (HEIDI) data by August 31,
2009. A university shall report any revisions for any semester of
the reported academic year 2009-2010 tuition and fee charges to
HEIDI within 15 days of being adopted.
Sec. 464. Each university receiving an appropriation in part 1
shall submit a plan by January 15, 2010 to the state budget
director, the house and senate appropriations subcommittees on
higher education, and the house and senate fiscal agencies on its
process to inform both the private and public sectors regarding
research and technology that could be developed commercially.
Sec. 466. Universities shall coordinate their purchases of
goods and services whenever possible. This may include, but is not
limited to, group purchases for vehicles, utilities, supplies,
electronic equipment, maintenance equipment, books, and contractual
services. To the extent possible, the state universities shall use
both the "Michigan delivering extended agreements locally" (MiDEAL)
purchasing services of the state department of management and
budget that makes state contracts available to local units of
government, colleges, and universities and the purchasing services
available through the state's membership in the Midwestern Higher
Education Compact (MHEC). Not later than January 1 of each year,
the presidents council, state universities of Michigan shall submit
to the members of the house and senate appropriations subcommittees
on higher education, the house and senate fiscal agencies, and the
state budget director a report on group or pooled purchases and the
savings achieved by the state universities in the previous fiscal
year.
Sec. 469. By November 14, 2009, each university receiving an
appropriation in part 1 shall report the number of undergraduate
students who graduated in academic year 2008-2009 and received a
Pell grant at any time during their enrollment at that university
to the members of the house and senate appropriations subcommittees
on higher education, the house and senate fiscal agencies, and the
state budget director.
STATE AND REGIONAL PROGRAMS
Sec. 501. The funds appropriated in part 1 for higher
education database modernization and conversion shall be expended
to maintain, coordinate, and improve the higher education
institutional data inventory (HEIDI) established under section 1299
of the management and budget act, 1984 PA 431, MCL 18.1299. The
advisory committee established under that section shall meet
regularly to review data definitions and requirements in order to
advise the state budget director regarding changes to those
definitions and requirements that would result in more useful and
reliable data being provided to state policymakers and university
officials.
STUDENT PERFORMANCE REPORTING
Sec. 601. (1) From the amount appropriated in part 1, the
universities shall systematically inform Michigan high schools
regarding the academic status of students from each high school in
a manner prescribed by the presidents council, state universities
of Michigan in cooperation with the Michigan association of
secondary school principals.
(2) The Michigan high schools shall systematically inform the
state universities about the use of information received under this
section in a manner prescribed by the Michigan association of
secondary school principals in cooperation with the presidents
council, state universities of Michigan.
Sec. 602. From the amount appropriated in part 1 for state
universities, the state universities shall inform Michigan
community colleges regarding the academic status of community
college transfer students in a manner prescribed by the presidents
council, state universities of Michigan in cooperation with the
Michigan community college association.
Sec. 603. State universities shall work with the state
community colleges to encourage the transfer of students from the
community colleges to the state universities and to facilitate the
transfer of credits from the community colleges to the state
universities.
GENERAL REPORTS AND AUDITS
Sec. 701. (1) The auditor general shall review higher
education institutional data inventory (HEIDI) enrollment data
submitted by all state universities and may perform audits of
selected state universities if determined necessary. The review and
audits shall be based upon the definitions, requirements, and
uniform reporting categories established by the state budget
director in consultation with the HEIDI advisory committee. The
auditor general shall submit a report of findings to the house and
senate appropriations committees and the state budget director no
later than July 1, 2010.
(2) Student credit hours reports shall not include the
following:
(a) Student credit hours generated through instructional
activity by faculty or staff in classrooms located outside
Michigan, with the exception of instructional activity related to
study-abroad programs or field programs.
(b) Student credit hours generated through distance learning
instruction for students not eligible for the institution's in-
state main campus resident tuition rate. However, in instances
where a student is enrolled in distance education and non-distance
education credit hours in a given term and the student’s non-
distance education enrollment is at a campus or site located within
Michigan, student credit hours per the student’s eligibility for
in-state or out-of-state tuition rates may be reported.
(c) Student credit hours generated through credit by
examination.
(d) Student credit hours generated through inmate prison
programs regardless of teaching location.
(e) Student credit hours generated in new degree programs
after January 1, 1975, that have not been specifically authorized
for funding by the legislature, except spin-off programs converted
from existing core programs that do all of the following:
(i) Represent new options, fields, or concentrations within
existing programs.
(ii) Are consistent with the current institutional role and
mission.
(iii) Are accommodated within the continuing funding base of the
institution.
(iv) Do not require a new degree level beyond that which the
institution is currently authorized to grant within that discipline
or field.
(v) Do not require funding from the state other than that
provided by the student credit hours generated within the program,
either before program initiation or within the first 3 years of
program operation.
(3) The auditor general shall periodically audit higher
education institutional data inventory (HEIDI) data as submitted by
the state universities for compliance with the definitions for the
HEIDI database established by the state budget director in
consultation with the HEIDI advisory committee.
(4) "Distance learning instruction" as used in subsection (2)
means instruction that occurs solely in other than a traditional
classroom setting where the student and instructor are in the same
physical location and for which a student receives course credits
and is charged tuition and fees. Examples of distance learning
instruction are instruction delivered solely through the Internet,
cable television, teleconference, or mail.
Sec. 702. The principal executive officer of each institution
of higher education receiving an appropriation under this bill
shall expend a portion of the funds appropriated to that
institution to make a report to the auditor general, the house and
senate fiscal agencies, and the state budget director within 60
days after the auditor general issues his or her report on the
operation of the institution. The institution's report shall
specify all of the following:
(a) The recommendations of the auditor general implemented by
the institution, including projected dates and resources required,
if any, to achieve compliance.
(b) The recommendations of the auditor general not implemented
by the institution or implemented by the institution as modified.
(c) The rationale for not implementing a recommendation of the
auditor general or of implementing a recommendation as modified.
Sec. 708. The auditor general may conduct performance audits
of state universities during the fiscal year ending September 30,
2010 as the auditor general considers necessary.
Sec. 709. An institution of higher education receiving funds
under this bill and also subject to the student right-to-know and
campus security act, Public Law 101-522, 104 Stat. 2381, shall make
a copy of all material prepared pursuant to the public information
reporting requirements under the crime awareness and campus
security act of 1990, title II of the student right-to-know and
campus security act, Public Law 101-542, 104 Stat. 2381, available
in electronic Internet format on their websites.
Sec. 714. An institution receiving funds under this bill and
also subject to the family educational rights and privacy act
(FERPA), 20 USC section 1232g, 34 CFR part 99, shall, when
requested, provide information from the records of a student to any
person or persons to whom the student has authorized disclosure on
a written consent form pursuant to 34 CFR 99.30.
