Bill Text: HI HB1329 | 2011 | Regular Session | Amended
Bill Title: Education; Federal Higher Education Act of 1965; Licensing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-08 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on LMG with none voting no (0) and none excused (0). [HB1329 Detail]
Download: Hawaii-2011-HB1329-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1329 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In October 2010, the United States Department of Education issued new regulations for programs authorized under Title IV of the Higher Education Act of 1965, as amended, to hold programs accountable for preparing students for gainful employment, protect students from misleading recruiting practices, ensure that only eligible students receive financial aid, and strengthen federal student aid programs at for-profit, nonprofit, and public institutions. The regulations also include requirements for state authorization of private institutions that offer post-secondary educational programs for purposes of federal program eligibility.
The state post-secondary education commission, established under section 304A‑3151, Hawaii Revised Statutes, qualifies the State to receive funds made available under the Higher Education Act of 1965, as amended, and may serve as the state agency for the receipt of federal funds when necessary. However, the commission does not authorize institutions to operate educational programs beyond secondary education, as may be required under new federal regulations. Further, the commission is established under the University of Hawaii for administrative purposes. The legislature finds that either the establishment of a separate entity, or the placement of the commission under a different agency, may result in an entity that is more broadly representative of post-secondary education in the State and more appropriate to serve as an authorizing entity for the diverse institutions that operate educational programs beyond secondary education.
Due to the July 1, 2011, effective date of the new regulations, it is unlikely the State will be able to satisfy all of the state authorization requirements by the imminent deadline. The United States Department of Education has provided an opportunity for states and institutions to receive an extension of the effective date for certain regulations, and the legislature finds that the State should request any necessary extensions. In the meantime, it is the intent of the legislature to proactively seek solutions by determining what actions and changes are required for the State to comply with the new regulations.
The legislature further finds that the need to examine state authorization of private institutions offering post-secondary educational programs presents an opportunity to also examine existing state licensing or authorization functions related to educational institutions and their administrators and instructors.
Specifically, the legislature finds that Hawaii is the only state that does not license principals. The legislature further finds that the Hawaii teacher standards board, which has jurisdiction over the issuing, renewing, revoking, suspending, and reinstating of teachers' licenses, has been audited on more than one occasion. These audits have discovered a lack of oversight, accountability, clearly defined program purpose, and timely completion of duties.
Although the legislature and the Hawaii teacher standards board have made efforts to improve board's operations, the legislature finds that it is appropriate at this time to consider whether the administration of existing licensing functions currently tasked to the Hawaii teacher standards board and potentially new licensing functions relating to principals and vice-principals should be consolidated and tasked to a single state agency responsible for the licensing and authorization of all educational institutions, as well as the administrators and instructors of those institutions, as is deemed appropriate or necessary.
Accordingly, the purpose of this Act is to direct the legislative reference bureau to:
(1) Examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act and make recommendations to ensure the State's compliance with provisions relating to the authorization of private institutions that offer post-secondary educational programs;
(2) Examine existing licensing or authorization functions related to educational institutions in the State, and the administrators and instructors thereof; and
(3) Make recommendations as to whether these functions should be consolidated and tasked to a single state entity responsible for the licensing and authorization of all educational institutions and their related operations.
SECTION 2. (a) The legislative reference bureau shall, in consultation with the university of Hawaii and department of education, examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act, to:
(1) Determine any actions and changes required for the State to comply with federal laws and regulations relating to the authorization of private institutions operating post-secondary educational programs;
(2) Examine existing licensing or authorization functions related to educational institutions in the State, including the administrators and instructors thereof; and
(3) Make recommendations as to whether the administration of these regulations should be consolidated and tasked to a single state entity responsible for the licensing and authorization of all educational institutions in the State and their related operations.
(b) The legislative reference bureau shall consider the following:
(1) Existing state laws and entities, such as the state post-secondary education commission and the Hawaii teacher standards board, and their existing functions and duties to determine whether:
(A) The laws should be amended;
(B) The entities can assist the State to comply with the federal laws and regulations; and
(C) The entities should be reorganized or reassigned duties to assist the State to comply with the federal laws and regulations;
(2) Whether to establish a new state entity that will be responsible for the licensing or authorization of any education institution in the State, including the administrators and instructors thereof, and to legally authorize or license private institutions to offer postsecondary education in the State for purposes of federal program eligibility and, if so, to consider:
(A) The scope of duties and responsibilities of the entity, including a determination of whether the State should license principals and vice-principals and include that licensing function and any licensing-related duties currently under the Hawaii teacher standards board as responsibilities of the new state entity;
(B) Appropriate membership for the entity;
(C) The appropriate administrative placement of the entity in a state agency;
(D) Whether related functions that are currently under other programs or entities, including the Hawaii Western Interstate Commission for Higher Education, state approving agency for veterans benefits, federal Leveraging Educational Assistance Program, and the Hawaii teacher standards board, should be consolidated within or transferred to the entity;
(E) Staffing and other resources required for the entity and the performance of its required responsibilities; and
(F) Funding sources for the entity;
(3) The systems, laws, and procedures that other jurisdictions have established to comply with the federal laws and regulations;
(4) All institutions that would require authorization by the State pursuant to the Higher Education Act of 1965, as amended, and relevant federal regulations; and
(5) Any new or amended legislation or administrative rules necessary to carry out the recommendations of the bureau.
SECTION 3. The legislative reference bureau, in consultation with the University of Hawaii and the department of education, shall submit a report to the legislature of its findings and recommendations, including proposed legislation, no later than twenty days prior to the convening of the regular session of 2012.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Education; Federal Higher Education Act of 1965; Licensing
Description:
Directs the Legislative Reference Bureau to examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act, make recommendations to ensure the State's compliance with provisions relating to state authorization of institutions that offer post-secondary educational programs, and make recommendations as to whether the administration of existing licensing or authorization regulations of any educational institutions in the State, and the administrators and instructors thereof, should be consolidated and tasked to a single state agency. (HB1329 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
