November 27, 1974

Honorable Raymond Howard
State Senator, District 5
Room 428B, Capitol Building
Jefferson City, Missouri 65101

Dear Senator Howard:

 We would like to direct your attention to our Opinion Letter No. 160, issued March 18, 1974. It was our conclusion in the opinion that specific legislation would not be necessary to enable Lincoln University to reestablish a law school.

 Subsequent to the issuance of the"opinion, the Omnibus State Reorganization Act of 1974 became effective. The Reorganization Act created a new state agency, The Coordinating Board of Higher Education, Head of the Department of Higher Education. (Section 6). Lincoln University was transferred to the Department of Higher Education by Type III transfer, (Section 6, Subsection 4.) Among the various powers of the Coordinating Board for Higher Education Section 2, Subdivision 1 specifies: "The Coordinating Board for Higher Education shall have approval of proposed new degree ptograms to be offered by state institutions of higher education."

 In light of this provision, we are of the opinion that Lincoln University cannot unilaterally establish a law school and offer a law degree. Although specific legislation is not necessary, we believe that the Board of Curators of Lincoln University must now first secure the approval of the Coordinating Board for Higher Education before establishing any new degree programs.

 Consequently, we believe that our Opinion Letter No. 160 issued on March 18, 1974 to you must be modified in order to eliminate any possibility of being misleading. This letter is being attached to our earlier opinion letter as an addendum.

Very truly yours,

John C. Danforth
Attorney General