Florida Senate - 2012                              CS for SB 828
       
       
       
       By the Committee on Higher Education; and Senator Wise
       
       
       
       
       589-02356-12                                           2012828c1
    1                        A bill to be entitled                      
    2         An act relating to faith-based postsecondary
    3         institutions; creating s. 1002.47, F.S.; authorizing a
    4         faith-based postsecondary education institution to
    5         operate without obtaining a license if it submits an
    6         affidavit of statutory compliance oversight to the
    7         Office of Independent Education and Parental Choice
    8         within the Department of Education by a specified date
    9         each year; providing an exception; authorizing a new
   10         institution to submit its initial affidavit any time
   11         during the year; requiring that the Office of
   12         Independent Education and Parental Choice or its
   13         contracted agent publish the affidavit form and a list
   14         of all faith-based postsecondary education
   15         institutions that have submitted the affidavit on its
   16         Internet website; requiring that the office issue a
   17         letter of acknowledgement; authorizing an institution
   18         to enter into a contract with or designate an
   19         education association, certification agency, or an
   20         individual agent to submit the affidavit; providing
   21         prerequisites for entering a degree program at a
   22         faith-based postsecondary education institution;
   23         providing an exception if the institution has a
   24         written ability-to-benefit admissions policy;
   25         providing minimum credit hour requirements for certain
   26         degrees; providing that if an institution offers a
   27         distance learning program, it must make the program
   28         available to certain students; requiring that each
   29         institution include a disclaimer on its publications
   30         and Internet website if the institution is accredited
   31         by an agency that is not recognized by the United
   32         States Department of Education; requiring that any
   33         license issued by a faith-based postsecondary
   34         education institution for the purpose of counseling,
   35         preaching, or teaching include a disclaimer stating
   36         that the license is ecclesiastical and not state
   37         issued or government-issued; requiring that each
   38         institution adopt certain policies regarding
   39         nondiscrimination, transferability of credits, and
   40         refunds; requiring that the Office of Independent
   41         Education and Parental Choice issue a notice requiring
   42         that an institution provide proof of compliance with
   43         the affidavit of statutory compliance oversight within
   44         a specified period if documentation is filed which
   45         states that the institution has not complied;
   46         requiring that an institution cease operating in the
   47         state if it does not provide proof of compliance
   48         within the required period; requiring that the Office
   49         of Independent Education and Parental Choice post on
   50         its Internet website a list of faith-based
   51         postsecondary education institutions that fail to
   52         provide proof of compliance; amending ss. 1005.03 and
   53         1005.04, F.S.; conforming cross-references to changes
   54         made by the act; amending s. 1005.06, F.S.; deleting
   55         provisions that authorize a religious college to
   56         operate without governmental oversight under certain
   57         circumstances; amending s. 1005.21, F.S., relating to
   58         the Commission for Independent Education; conforming
   59         terminology and a cross-reference; providing an
   60         effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Section 1002.47, Florida Statutes, is created to
   65  read:
   66         1002.47 Faith-based postsecondary education institutions.—
   67         (1) A faith-based postsecondary education institution may
   68  operate without obtaining a license if the institution submits a
   69  sworn or affirmed affidavit of statutory compliance oversight to
   70  the Office of Independent Education and Parental Choice within
   71  the Department of Education by April 1 of each calendar year.
   72  However, the institution must apply for a license to operate if
   73  any student attending the institution is a Florida resident who
   74  receives state or federal financial aid for education, excluding
   75  students who receive compensation or pension benefits from the
   76  Veterans Administration. A new institution may submit its
   77  initial affidavit any time during the year, except that
   78  subsequent affidavits must be submitted by April 1 of each
   79  calendar year.
   80         (2) The Office of Independent Education and Parental Choice
   81  or its contracted agent shall:
   82         (a) Publish on its Internet website the affidavit form and
   83  a list of all faith-based postsecondary education institutions
   84  that have submitted affidavits as required by this section.
   85         (b) Issue a letter of acknowledgement to an institution
   86  that has submitted an affidavit which states the following:
   87  
   88                      LETTER OF ACKNOWLEDGEMENT                    
   89         The Office of Independent Education and Parental
   90         Choice within the Department of Education has received
   91         your sworn or affirmed affidavit of statutory
   92         compliance oversight which indicates your commitment
   93         to the minimum standards set forth in s. 1002.47,
   94         Florida Statutes. Your institution’s name will be
   95         published on the office’s Internet website.
   96         (3) A faith-based postsecondary education institution may
   97  enter into a contract with and may designate an education
   98  association located in the state or a certification agency that
   99  verifies compliance with statutory oversight statutes, or an
  100  individual agent may submit an affidavit of statutory compliance
  101  oversight.
  102         (4) As a prerequisite for entering an associate of arts,
  103  associate of science, bachelor of arts, or bachelor of science
  104  degree program at a faith-based postsecondary education
  105  institution, a student must hold a high school diploma or high
  106  school equivalency diploma, unless the institution has a written
  107  ability-to-benefit admissions policy exempting the student from
  108  the prerequisite.
  109         (5) One contact hour equals 50 minutes of scheduled
  110  instruction by a professor during an institution-approved class
  111  session or live streaming via Skype or a similar mode of
  112  instruction. One semester credit hour of study equals 15
  113  academic hours or its equivalent and one-quarter credit hour of
  114  study equals 10 academic hours or its equivalent.
  115         (6)(a) The minimum credit hours for college or university
  116  degrees are as follows:
  117         1. For an associate degree, 60 semester hours or 90 quarter
  118  hours.
  119         2. For a graduate of theology degree, 90 semester hours or
  120  135 quarter hours.
  121         3. For a bachelor’s degree, 120 semester hours or 180
  122  quarter hours.
  123         4. For a master’s degree, 30 semester hours or 45 quarter
  124  hours above the minimum credit hours required for a bachelor’s
  125  degree, including a research thesis or project of 6 additional
  126  semester hours or 9 quarter hours.
  127         5. For a doctorate degree, 30 semester hours or 45 quarter
  128  hours above the credit hours required for a master’s degree,
  129  including a stringent research dissertation of 6 or more
  130  additional semester hours or 9 or more quarter hours.
  131         (b) The degree programs offered by a faith-based
  132  postsecondary education institution under subparagraphs (a)1.,
  133  2., and 3. must include liberal arts and general education
  134  courses that include humanities or fine arts, social and
  135  behavioral sciences, English or communications, history,
  136  philosophy, science or mathematics, and computer literacy when a
  137  student lacks computer proficiency.
  138         (c) An institution offering college and university degree
  139  titles under subparagraphs (a)1.-5. which use the word “in”
  140  instead of “of,” such as “Associate in Bible,” “Bachelor’s in
  141  Theology,” or “Master’s in Pastoral Studies,” without the terms
  142  “Arts,” “Science,” or “Doctor in Biblical Studies,” and degrees
  143  without the terms “Philosophy,” “Theology,” or “Education,” are
  144  not required to include the liberal arts or general education
  145  course requirements under paragraph (b) and may not use the
  146  seminary degree titles listed under paragraph (7)(b).
  147         (7)(a) The minimum credit hours for seminary graduate
  148  degrees are as follows:
  149         1. For a seminary master’s degree, 60 to 90 or more
  150  semester hours or 90 to 120 or more quarter hours, including a
  151  research thesis or project, above the minimum credit hours for a
  152  prerequisite bachelor’s degree.
  153         2. For a seminary doctorate degree, 60 to 90 or more
  154  semester hours or 90 to 120 or more quarter hours, including a
  155  stringent research dissertation or project, above the minimum
  156  credit hours for a seminary master’s degree.
  157         (b) The titles of traditional seminary graduate degrees
  158  are:
  159         1. Master of Divinity;
  160         2. Master of Religious Education;
  161         3. Master of Arts in Counseling, Pastoral Studies,
  162  Religion, Religious Education;
  163         4. Master of Sacred Music;
  164         5. Master of Church Music;
  165         6. Master of Theological Studies;
  166         7. Master of Theology;
  167         8. Master of Sacred Theology;
  168         9. Doctor of Ministry;
  169         10. Doctor of Missiology;
  170         11. Doctor of Education;
  171         12. Doctor of Musical Arts;
  172         13. Doctor of Philosophy; and
  173         14. Doctor of Theology.
  174         (8) If a faith-based postsecondary education institution
  175  offers a distance learning program, it must make the program
  176  available to students who require a nontraditional classroom
  177  based education, including digital learning or any type of
  178  learning that is facilitated by technology. The institution
  179  shall evaluate and approve all instructional materials provided
  180  to students through various modalities, along with structured
  181  units of information, assigned exercises for practice, and
  182  examinations to measure achievement. The academic year for
  183  distance learning may be continuous throughout the calendar
  184  year.
  185         (9) A faith-based postsecondary education institution shall
  186  include a disclaimer on its publications and Internet website if
  187  the institution is accredited by an agency that is not
  188  recognized by the United States Department of Education.
  189         (10) Any license issued by an institution under this
  190  section for the purpose of counseling, preaching, or teaching
  191  must include a disclaimer stating that the license is an
  192  ecclesiastical license and not a state-issued or government
  193  issued license.
  194         (11) Each institution shall have a:
  195         (a) Nondiscrimination policy stating that it accepts single
  196  male and female students or married male and female students
  197  without respect to age, color, race, or national origin.
  198         (b) Clear and specific policy regarding the transferability
  199  of credits to and from other postsecondary education
  200  institutions.
  201         (c) Written refund policy stating that an enrolled student
  202  may receive a full refund of paid tuition only if the student
  203  notifies the institution within 5 business days after the date
  204  upon which the first payment receipt is issued by the
  205  institution. All other fees and charges must be listed as
  206  nonrefundable.
  207         (12) If documentation is filed which states that a faith
  208  based postsecondary education institution operating in the state
  209  has not complied with this section, the Office of Independent
  210  Education and Parental Choice shall issue a notice sent via
  211  certified mail which requires the institution to provide proof
  212  of compliance with the affidavit of statutory compliance
  213  oversight within 45 days after the date upon which the notice is
  214  sent. If the institution does not provide proof of compliance
  215  within the required period, it must cease operating in the
  216  state. The Office of Independent Education and Parental Choice
  217  shall publish on its Internet website a list of faith-based
  218  postsecondary education institutions that fail to provide the
  219  proof of compliance as required in this subsection.
  220         Section 2. Paragraph (e) of subsection (1) of section
  221  1005.03, Florida Statutes, is amended to read:
  222         1005.03 Designation “college” or “university”.—
  223         (1) The use of the designation “college” or “university” in
  224  combination with any series of letters, numbers, or words is
  225  restricted in this state to colleges or universities as defined
  226  in s. 1005.02 that offer degrees as defined in s. 1005.02 and
  227  fall into at least one of the following categories:
  228         (e) A college that meets the description of either s.
  229  1005.06(1)(e) or (f).
  230         Section 3. Subsection (1) of section 1005.04, Florida
  231  Statutes, is amended to read:
  232         1005.04 Fair consumer practices.—
  233         (1) Every institution that is under the jurisdiction of the
  234  commission or is exempt from the jurisdiction or purview of the
  235  commission pursuant to s. 1005.06(1)(c) or (f) and that either
  236  directly or indirectly solicits for enrollment any student
  237  shall:
  238         (a) Disclose to each prospective student a statement of the
  239  purpose of the such institution, its educational programs and
  240  curricula, a description of its physical facilities, its status
  241  regarding licensure, its fee schedule and policies regarding
  242  retaining student fees if a student withdraws, and a statement
  243  regarding the transferability of credits to and from other
  244  institutions. The institution shall make the required
  245  disclosures in writing at least 1 week prior to enrollment or
  246  collection of any tuition from the prospective student. The
  247  required disclosures may be made in the institution’s current
  248  catalog;
  249         (b) Use a reliable method to assess, before accepting a
  250  student into a program, the student’s ability to complete
  251  successfully the course of study for which he or she has
  252  applied;
  253         (c) Inform each student accurately about financial
  254  assistance and obligations for repayment of loans; describe any
  255  employment placement services provided and the limitations
  256  thereof; and refrain from promising or implying guaranteed
  257  placement, market availability, or salary amounts;
  258         (d) Provide to prospective and enrolled students accurate
  259  information regarding the relationship of its programs to state
  260  licensure requirements for practicing related occupations and
  261  professions in Florida;
  262         (e) Ensure that all advertisements are accurate and not
  263  misleading;
  264         (f) Publish and follow an equitable prorated refund policy
  265  for all students, and follow both the federal refund guidelines
  266  for students receiving federal financial assistance and the
  267  minimum refund guidelines set by commission rule;
  268         (g) Follow the requirements of state and federal laws that
  269  require annual reporting with respect to crime statistics and
  270  physical plant safety and make those reports available to the
  271  public; and
  272         (h) Publish and follow procedures for handling student
  273  complaints, disciplinary actions, and appeals.
  274         Section 4. Subsection (1) of section 1005.06, Florida
  275  Statutes, is amended to read:
  276         1005.06 Institutions not under the jurisdiction or purview
  277  of the commission.—
  278         (1) Except as otherwise provided in law, the following
  279  institutions are not under the jurisdiction or purview of the
  280  commission and are not required to obtain licensure:
  281         (a) Any postsecondary educational institution provided,
  282  operated, or supported by this state, its political
  283  subdivisions, or the Federal Government.
  284         (b) Any college, school, or course licensed or approved for
  285  establishment and operation under part I of chapter 464, chapter
  286  466, or chapter 475, or any other chapter of the Florida
  287  Statutes requiring licensing or approval as defined in this
  288  chapter.
  289         (c) Any institution that is under the jurisdiction of the
  290  Department of Education, eligible to participate in the William
  291  L. Boyd, IV, Florida Resident Access Grant Program and that is a
  292  nonprofit independent college or university located and
  293  chartered in this state and accredited by the Commission on
  294  Colleges of the Southern Association of Colleges and Schools to
  295  grant baccalaureate degrees.
  296         (d) Any institution that offers only avocational programs
  297  or courses, examination preparation programs or courses,
  298  contract training programs or courses, continuing education, or
  299  professional development programs or courses.
  300         (e) Any institution that was exempt from licensure in 2001
  301  under s. 246.085(1)(b), Florida Statutes 2001, as long as it
  302  maintains these qualifying criteria: the institution is
  303  incorporated in this state, the institution’s credits or degrees
  304  are accepted for credit by at least three colleges that are
  305  fully accredited by an agency recognized by the United States
  306  Department of Education, the institution was exempt under that
  307  category prior to July 1, 1982, and the institution does not
  308  enroll any students who receive state or federal financial aid
  309  for education. Such an institution shall notify the commission
  310  and apply for licensure if it no longer meets these criteria.
  311         (f) A religious college may operate without governmental
  312  oversight if the college annually verifies by sworn affidavit to
  313  the commission that:
  314         1. The name of the institution includes a religious
  315  modifier or the name of a religious patriarch, saint, person, or
  316  symbol of the church.
  317         2. The institution offers only educational programs that
  318  prepare students for religious vocations as ministers,
  319  professionals, or laypersons in the categories of ministry,
  320  counseling, theology, education, administration, music, fine
  321  arts, media communications, or social work.
  322         3. The titles of degrees issued by the institution cannot
  323  be confused with secular degree titles. For this purpose, each
  324  degree title must include a religious modifier that immediately
  325  precedes, or is included within, any of the following degrees:
  326  Associate of Arts, Associate of Science, Bachelor of Arts,
  327  Bachelor of Science, Master of Arts, Master of Science, Doctor
  328  of Philosophy, and Doctor of Education. The religious modifier
  329  must be placed on the title line of the degree, on the
  330  transcript, and whenever the title of the degree appears in
  331  official school documents or publications.
  332         4. The duration of all degree programs offered by the
  333  institution is consistent with the standards of the commission.
  334         5. The institution’s consumer practices are consistent with
  335  those required by s. 1005.04.
  336  
  337  The commission may provide such a religious institution a letter
  338  stating that the institution has met the requirements of state
  339  law and is not subject to governmental oversight.
  340         (f)(g) Any institution that is regulated by the Federal
  341  Aviation Administration, another agency of the Federal
  342  Government, or an agency of the state whose regulatory laws are
  343  similar in nature and purpose to those of the commission and
  344  require minimum educational standards, for at least curriculum,
  345  instructors, and academic progress and provide protection
  346  against fraudulent, deceptive, and substandard education
  347  practices.
  348         Section 5. Subsection (2) of section 1005.21, Florida
  349  Statutes, is amended to read:
  350         1005.21 Commission for Independent Education.—
  351         (2) The Commission for Independent Education shall consist
  352  of seven members who are residents of this state. The commission
  353  shall function in matters concerning independent postsecondary
  354  educational institutions in consumer protection, program
  355  improvement, and licensure for institutions under its purview.
  356  The Governor shall appoint the members of the commission who are
  357  subject to confirmation by the Senate. The membership of the
  358  commission shall consist of:
  359         (a) Two representatives of independent colleges or
  360  universities licensed by the commission.
  361         (b) Two representatives of independent, nondegree-granting
  362  schools licensed by the commission.
  363         (c) One member from a public school district or Florida
  364  College System institution who is an administrator of career
  365  education.
  366         (d) One representative of a faith-based postsecondary
  367  institution college that meets the criteria under of s.
  368  1005.21(2)(a) 1005.06(1)(f).
  369         (e) One lay member who is not affiliated with an
  370  independent postsecondary educational institution.
  371         Section 6. This act shall take effect July 1, 2012.