Bill Text: FL S0260 | 2011 | Regular Session | Comm Sub

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Bill Title: Nonpublic Postsecondary Educational Institutions

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0260 Detail]

Download: Florida-2011-S0260-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 260
       
       
       
       By the Committee on Higher Education; and Senator Ring
       
       
       
       
       589-03789-11                                           2011260c1
    1                        A bill to be entitled                      
    2         An act relating to nonpublic postsecondary educational
    3         institutions; amending s. 1005.02, F.S.; defining the
    4         term “academic degree”; amending s. 1005.04, F.S.;
    5         requiring disclosure of institution accreditation
    6         status to prospective students; providing restrictions
    7         relating to advertising by licensed institutions;
    8         requiring that institutions that do not have certain
    9         accreditation provide written disclosure; providing a
   10         form for such disclosure; amending s. 1005.31, F.S.;
   11         requiring that a licensed independent postsecondary
   12         educational institution notify the Commission for
   13         Independent Education of changes in its accreditation
   14         status; revising criteria concerning the standards by
   15         which the commission evaluates institutions for
   16         licensure; requiring the licensure of certain
   17         institutions offering postsecondary education through
   18         correspondence or distance learning courses; requiring
   19         that the commission maintain lists on its website
   20         concerning the accreditation of institutions licensed
   21         by the commission; amending s. 744.1083, F.S.;
   22         conforming a cross-reference; providing an effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Present subsections (1) through (16) of section
   28  1005.02, Florida Statutes, are redesignated as subsections (2)
   29  through (17), respectively, and a new subsection (1) is added to
   30  that section, to read:
   31         1005.02 Definitions.—As used in this chapter, the term:
   32         (1) “Academic degree” means a degree titled as an
   33  associate, bachelor’s, master’s, or doctoral degree. The term
   34  does not include an occupational associate degree.
   35         Section 2. Section 1005.04, Florida Statutes, is amended to
   36  read:
   37         1005.04 Fair consumer practices.—
   38         (1) Every institution that is under the jurisdiction of the
   39  commission or is exempt from the jurisdiction or purview of the
   40  commission pursuant to s. 1005.06(1)(c) or (f) and that either
   41  directly or indirectly solicits for enrollment any student
   42  shall:
   43         (a) Disclose to each prospective student a statement of the
   44  purpose of such institution, its educational programs and
   45  curricula, a description of its physical facilities, its status
   46  regarding licensure and accreditation, its fee schedule and
   47  policies regarding retaining student fees if a student
   48  withdraws, and a statement regarding the transferability of
   49  credits to and from other institutions. The institution shall
   50  make the required disclosures in writing at least 1 week prior
   51  to enrollment or collection of any tuition from the prospective
   52  student. The required disclosures may be made in the
   53  institution’s current catalog;
   54         (b) Use a reliable method to assess, before accepting a
   55  student into a program, the student’s ability to complete
   56  successfully the course of study for which he or she has
   57  applied;
   58         (c) Inform each student accurately about financial
   59  assistance and obligations for repayment of loans; describe any
   60  employment placement services provided and the limitations
   61  thereof; and refrain from promising or implying guaranteed
   62  placement, market availability, or salary amounts;
   63         (d) Provide to prospective and enrolled students accurate
   64  information regarding the relationship of its programs to state
   65  licensure requirements for practicing related occupations and
   66  professions in Florida;
   67         (e) Ensure that all advertisements are accurate and not
   68  misleading;
   69         (f) Publish and follow an equitable prorated refund policy
   70  for all students, and follow both the federal refund guidelines
   71  for students receiving federal financial assistance and the
   72  minimum refund guidelines set by commission rule;
   73         (g) Follow the requirements of state and federal laws that
   74  require annual reporting with respect to crime statistics and
   75  physical plant safety and make those reports available to the
   76  public; and
   77         (h) Publish and follow procedures for handling student
   78  complaints, disciplinary actions, and appeals.
   79         (2) In addition, Institutions that are required to be
   80  licensed by the commission shall disclose to prospective
   81  students that additional information regarding the institution
   82  may be obtained by contacting the Commission for Independent
   83  Education, Department of Education, Tallahassee.
   84         (3) A licensed institution offering academic degrees,
   85  degrees, or diplomas may not advertise or represent that it is
   86  accredited or include the words “accredited” or “accreditation”
   87  in its catalogs, brochures, website, advertisements,
   88  publications, or other promotional materials that are provided
   89  to, or accessible by, prospective students unless the
   90  accrediting agency referenced is an accrediting agency
   91  recognized by the United States Department of Education.
   92         (4) A licensed institution that offers academic degrees and
   93  is not accredited by an accrediting agency recognized by the
   94  United States Department of Education shall provide a written
   95  disclosure to prospective students, before enrollment, in
   96  substantially the following form. The form of the written
   97  disclosure shall be submitted to the commission for approval
   98  before initial, provisional, or annual licensure and shall be
   99  made in large bold type, all capital letters, and maintained
  100  separate from other required disclosures. Prospective students
  101  shall be required to sign a copy of the form, acknowledging
  102  receipt of the written disclosure. The disclosure shall state:
  103  
  104         (NAME OF INSTITUTION) IS NOT ACCREDITED BY AN
  105         ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES
  106         DEPARTMENT OF EDUCATION. AS A PROSPECTIVE STUDENT, YOU
  107         ARE ENTITLED TO RECEIVE A CATALOG AND PROGRAM
  108         DESCRIPTIONS FOR EACH PROGRAM OFFERED BY THIS
  109         INSTITUTION. IT IS YOUR OBLIGATION TO CAREFULLY REVIEW
  110         THE INSTITUTIONAL CATALOG AND ALL OTHER MATERIALS
  111         REGARDING A PROGRAM BEING OFFERED, INCLUDING THE
  112         OCCUPATIONAL OBJECTIVES OF THE PROGRAM, PRIOR TO
  113         ENROLLING IN THE INSTITUTION.
  114         Section 3. Paragraph (b) of subsection (1) and subsection
  115  (2) of section 1005.31, Florida Statutes, are amended, and
  116  subsection (16) is added to that section, to read:
  117         1005.31 Licensure of institutions.—
  118         (1)
  119         (b) After licensure, each licensee shall notify is solely
  120  responsible for notifying the commission in writing of:
  121         1. Any change in the licensee’s accreditation status.
  122         2. The licensee’s current mailing address and the location
  123  of the institution. A licensee’s failure to notify the
  124  commission of a change of address constitutes a violation of
  125  this paragraph, and the licensee may be disciplined by the
  126  commission. Notwithstanding any other provision of law, service
  127  by regular mail to a licensee’s last known address of record
  128  with the commission is constitutes adequate and sufficient
  129  notice to the licensee for any official communication to the
  130  licensee by the commission.
  131         (2) The commission shall develop minimum standards by which
  132  to evaluate institutions for licensure. These standards must
  133  address include at least the institution’s name, financial
  134  stability, purpose, administrative organization, admissions and
  135  recruitment, educational programs and curricula, retention,
  136  completion, career placement, faculty, learning resources,
  137  student personnel services, physical plant and facilities,
  138  publications, and disclosure statements about the status of the
  139  institution with respect to professional certification,
  140  accreditation, and licensure. The commission may adopt rules to
  141  ensure that institutions licensed under this section meet these
  142  standards in ways that are appropriate to achieve the stated
  143  intent of this chapter, including provisions for nontraditional
  144  or distance education programs and delivery. An institution
  145  offering postsecondary education through correspondence or
  146  distance learning courses to students in the state must be
  147  licensed by the commission whether or not the institution is
  148  physically located in the state, unless the institution is not
  149  under the commission’s jurisdiction or purview pursuant to s.
  150  1005.06.
  151         (16) The commission shall maintain on its website a current
  152  list of the institutions that are licensed under this section
  153  and hold accreditation. The list must specify the accrediting
  154  entity and whether the entity is recognized by the United States
  155  Department of Education as a reliable authority as to the
  156  quality of postsecondary education within the meaning of the
  157  Higher Education Act of 1965, as amended. The commission shall
  158  also maintain on its website a list of the institutions located
  159  in the state which maintain or advertise themselves as being
  160  accredited by an agency that is not recognized by the United
  161  States Department of Education.
  162         Section 4. Subsection (10) of section 744.1083, Florida
  163  Statutes, is amended to read:
  164         744.1083 Professional guardian registration.—
  165         (10) A state college or university or an independent
  166  college or university that is located and chartered in Florida,
  167  that is accredited by the Commission on Colleges of the Southern
  168  Association of Colleges and Schools or the Accrediting Council
  169  for Independent Colleges and Schools, and that confers degrees
  170  as defined in s. 1005.02 1005.02(7) may, but is not required to,
  171  register as a professional guardian under this section. If a
  172  state college or university or independent college or university
  173  elects to register as a professional guardian under this
  174  subsection, the requirements of subsections (3) and (4) do not
  175  apply and the registration must include only the name, address,
  176  and employer identification number of the registrant.
  177         Section 5. This act shall take effect July 1, 2011.