Bill Text: CT SB01139 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning Changes To Program Approval For Institutions Of Higher Education And Data Shared By Independent Institutions Of Higher Education.
Spectrum: Moderate Partisan Bill (Democrat 9-1-1)
Status: (Passed) 2013-06-06 - Signed by the Governor [SB01139 Detail]
Download: Connecticut-2013-SB01139-Comm_Sub.html
General Assembly |
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January Session, 2013 |
*_____SB01139HED___032813____* |
AN ACT CONCERNING CHANGES TO PROGRAM APPROVAL FOR INSTITUTIONS OF HIGHER EDUCATION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 10a-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) For the purposes of this section, (1) "program of higher learning" means any course of instruction for which it is stated or implied that college or university-level credit may be given or may be received by transfer; (2) "degree" means any letters or words, diploma, certificate or other symbol or document which signifies satisfactory completion of the requirements of a program of higher learning; (3) "institution of higher [learning] education" means any person, school, board, association, limited liability company or corporation which is licensed or accredited to offer one or more programs of higher learning leading to one or more degrees; (4) "license" means the authorization by the [State Board of Education] Office of Higher Education to operate a program or institution of higher learning for a specified initial period; (5) "accreditation" means the authorization by said [board] office to continue operating a program or institution of higher learning for subsequent periods, and in such periods to confer specified degrees; (6) "program modification" means (A) a change in a program of higher learning that does not clearly qualify as a new program of higher learning or a nonsubstantive change, including, but not limited to, a new program of higher learning consisting primarily of course work for a previously approved program of higher learning, (B) an approved program of higher learning to be offered at an off-campus location, (C) a change in the title of a degree, or (D) a change in title of a program of higher learning; (7) "nonsubstantive change" means (A) a new undergraduate certificate program of not more than thirty semester credit hours that falls under an approved program of higher learning, (B) a new baccalaureate minor of not more than eighteen semester credit hours, (C) a new undergraduate option or certificate program of not more than fifteen semester credit hours, or (D) a new graduate option or certificate program of not more than twelve semester credit hours; and (8) "substantive change" means any change in a program of higher learning that does not constitute a new program of higher learning or qualify as a nonsubstantive change.
(b) The Office of Higher Education shall establish regulations, in accordance with chapter 54, concerning the requirements for licensure and accreditation, such regulations to concern administration, finance, faculty, curricula, library, student admission and graduation, plant and equipment, records, catalogs, program announcements and any other criteria pertinent thereto, as well as the periods for which licensure and accreditation may be granted, and the costs and procedures of evaluations as provided in subsections (c) and (d) of this section. [Said office may establish an advisory council for accreditation composed of representatives of public and private institutions of higher learning and the public at large to advise the office regarding existing or proposed regulations.] Said office shall establish academic review commissions to hear each appeal of a denial by said office of an application by an institution of higher education for licensure or accreditation of a program of higher learning or institution of higher education. For each individual appeal, the executive director of said office, or the executive director's designee, shall select a commission that is comprised of four higher education representatives and five business and industry representatives chosen from a panel of twenty-five members, who shall be appointed as follows: (1) The Governor shall appoint five members; (2) the majority leader of the House of Representatives shall appoint five members; (3) the majority leader of the Senate shall appoint five members; (4) the minority leader of the House of Representative shall appoint five members; and (5) the minority leader of the Senate shall appoint five members. The executive director of said office, or the executive director's designee, shall ensure that each commission contains at least one member appointed by each of the appointing authorities. Each appointing authority shall select both higher education representatives and business and industry representatives, but not more than three from either category of representatives.
(c) No person, school, board, association or corporation shall confer any degree unless authorized by act of the General Assembly. No application for authority to confer any such degree shall be approved by the General Assembly or any committee thereof, nor shall any such authority be included in any charter of incorporation until such application has been evaluated and approved by the State Board of Education in accordance with regulations established by the Office of Higher Education.
(d) The Office of Higher Education shall review all applications for nonsubstantive and substantive changes, licensure and accreditation. The office shall review each application in consideration of the academic standards set forth in the regulations for licensure and accreditation adopted by said office in accordance with the provisions of subsection (b) of this section. Any application that is determined by the office to be a program modification that meets all such academic standards or for a nonsubstantive change to an existing program shall be deemed approved, and the office shall notify the institution of such approval, not later than thirty days from the date the office receives such application without requiring any further action from the applicant.
(e) If the executive director of the Office of Higher Education, or the executive director's designee, determines that further review of an application is needed due at least in part to the applicant offering instruction in a new program of higher learning or new degree level, then the executive director or the executive director's designee shall conduct a focused or on-site review. Such applicant shall have an opportunity to state any objection regarding any individual selected to review an application on behalf of the executive director.
(f) The executive director of the Office of Higher Education, or the executive director's designee, may require a focused or on-site review of any program application in a health-related field where a license in Connecticut is required to practice in such field.
(g) Any application for licensure of a new institution in this state shall be subject to an on-site review upon a determination by the Office of Higher Education that the application is complete and shall be reviewed at the institutional level for each program as described in subsection (b) of this section. Such process shall be completed not later than nine months from the date said office receives the application.
(h) If the Office of Higher Education denies an application for licensure or accreditation of a program or institution of higher education, the applicant may appeal the denial not later than ten days from the date of denial. The academic review commission shall review the appeal and make a decision on such appeal not later than thirty days from the date the applicant submits the appeal to said office.
[(d)] (i) No person, school, board, association or corporation shall operate a program or institution of higher learning unless it has been licensed or accredited by the [State Board of Education] Office of Higher Education, nor shall it confer any degree unless it has been accredited in accordance with this section. [The board shall not grant any new license or accreditation until it has received a report of an evaluation of such program or institution by competent educators approved by the board.] The [board] office shall accept regional [or, where appropriate, national] accreditation, in satisfaction of the requirements of this subsection unless the [board] office finds cause not to rely upon such accreditation. If any institution of higher education provides evidence of programmatic accreditation, the office shall consider such accreditation in satisfaction of the requirements of this subsection and deem the program at issue in the application for accreditation to be accredited in accordance with this section. National accreditation for Connecticut institutions of higher education accredited prior to July 1, 2013, shall be accepted as being in satisfaction of the requirements of this subsection unless the office finds cause not to rely on such national accreditation.
[(e)] (j) No person, school, board, association or corporation shall use in any way the term "junior college" or "college" or "university" or use any other name, title, literature, catalogs, pamphlets or descriptive matter tending to designate that it is an institution of higher learning, or that it may grant academic or professional degrees, unless the institution possesses a license from, or has been accredited by, the [board] office, nor shall it offer any program of higher learning without approval of the [State Board of Education] Office of Higher Education.
[(f)] (k) Accreditation of any program or institution or authority to award degrees granted in accordance with law prior to July 1, 1965, shall continue in effect.
[(g) If an existing institution, adversely affected by this section, applies to the board for licensure or accreditation, said board may grant licensure on a temporary basis to expire within one year and renewable from year to year, if, in the judgment of the board, reasonable progress is being made by such institution toward meeting the standards required by regulations of the board.]
Sec. 2. Subsection (d) of section 10a-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The person, school, board, association or corporation aggrieved by the order of the executive director imposing an administrative penalty pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request, in writing, a hearing before the [State Board of Education] Office of Higher Education. Such hearing shall be held in accordance with the provisions of chapter 54.
Sec. 3. Section 10a-34c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The executive director of the Office of Higher Education may conduct an investigation and, through the Attorney General, maintain an action in the name of the state against any person, school, board, association or corporation to restrain or prevent the establishment or operation of an institution that is not licensed, accredited or authorized to award degrees by the [State Board of Education] Office of Higher Education pursuant to the provisions of section 10a-34, as amended by this act.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2013 |
10a-34 |
Sec. 2 |
July 1, 2013 |
10a-34a(d) |
Sec. 3 |
July 1, 2013 |
10a-34c |
HED |
Joint Favorable Subst. |