House Bill 3389

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    Florida House of Representatives - 1998                HB 3389

        By Representative Trovillion






  1                      A bill to be entitled

  2         An act relating to nonpublic postsecondary

  3         education institutions; amending s. 246.021,

  4         F.S.; clarifying the definition of the term

  5         "college"; amending s. 246.031, F.S.; revising

  6         requirements relating to members of the State

  7         Board of Independent Colleges and Universities;

  8         amending s. 246.084, F.S., relating to colleges

  9         receiving an authorization; revising certain

10         requirements; providing for exemption from

11         certain requirements; revising provisions

12         relating to oversight of the review and

13         collection of data for purposes of determining

14         compliance; amending s. 246.31, F.S., relating

15         to the Institutional Assessment Trust Fund;

16         conforming provisions; providing an effective

17         date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Subsection (4) of section 246.021, Florida

22  Statutes, is amended to read:

23         246.021  Definitions.--As used in ss. 246.011-246.151,

24  unless the context otherwise requires:

25         (4)  "College" means any educational entity which

26  confers or offers to confer a degree or which furnishes or

27  offers to furnish instruction leading toward, or prerequisite

28  to, college credit or a degree beyond the secondary level.

29  The term includes any nonpublic college chartered in this

30  state and any Florida center or branch campus of an

31  out-of-state college.

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  1         Section 2.  Subsection (2) of section 246.031, Florida

  2  Statutes, is amended to read:

  3         246.031  State Board of Independent Colleges and

  4  Universities.--

  5         (2)  The State Board of Independent Colleges and

  6  Universities shall consist of nine citizens who are residents

  7  of this state, a majority of whom represent nonpublic

  8  independent colleges and universities within the state.  For

  9  terms beginning after October 1, 1992, Members shall be

10  residents of the state, selected from the state at large and.

11  Members shall be appointed by the Governor and confirmed by

12  the Senate. To be consistent with an independent rulemaking

13  board, members, except members appointed pursuant to paragraph

14  (e), must be employees, consultants, board members, or

15  trustees of a nonpublic college or university that is under

16  the State Board of Independent Colleges and Universities. No

17  more than two members shall be appointed to represent any one

18  of the following categories:

19         (a)  A college or university holding a certificate of

20  exemption from licensure pursuant to s. 246.085(1)(a) and

21  accredited by a regional accrediting agency.

22         (b)  A college or university holding a certificate of

23  exemption from licensure pursuant to s. 246.085(1)(a) and

24  accredited by a national accrediting agency.

25         (c)  A college or university licensed by the board

26  pursuant to s. 246.087.

27         (d)  A college or university holding a certificate of

28  exemption from licensure pursuant to s. 246.085(1)(b) or a

29  college or university issued an authorization pursuant to s.

30  246.084.

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  1         (e)  Lay citizens of the state who derive no income

  2  from a nonpublic college or university or the state.

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  4  Accreditation of an institution pursuant to the requirements

  5  of this subsection must be by a regional or national

  6  accrediting agency recognized by the United States Department

  7  of Education or the State of Florida.

  8         Section 3.  Subsections (1), (2), and (3) of section

  9  246.084, Florida Statutes, are amended to read:

10         246.084  Authorization.--

11         (1)  A nonpublic college which enrolls students, none

12  of whom receive state or federal financial aid for education,

13  shall not be required to apply for a license upon compliance

14  with this section and submission of data required by this

15  section provided that none of the students of such college who

16  are enrolled in Florida receive state or federal financial aid

17  for education.

18         (a)  Colleges receiving authorization under this

19  section may only offer educational programs that prepare

20  students for religious vocations as ministers, professionals,

21  or laypersons in the following categories: ministry,

22  counseling, theology, education, administration, music, fine

23  arts, media communications, and social work.

24         (b)  The religious vocation must predominantly appear

25  on the face of the degree and on the college's transcript.

26         (c)  The following titles of degrees issued by the

27  college must include a religious modifier as a part of the

28  title of the degree which must immediately precede, or be

29  included within, any of the following titles: Associate in

30  Arts, Associate in Science, Bachelor of Arts, Bachelor of

31  Science, Master of Arts, Master of Science, and Doctor of

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  1  Philosophy. The religious modifier must be placed on the title

  2  line of the degree.

  3         (d)  For purposes of this section, one semester credit

  4  hour of study is 15 academic hours or its equivalent.  The

  5  following minimum credit hours are required for awarding the

  6  following degrees:

  7         1.  Associate degree, with no fewer than 60 semester

  8  hours or the equivalent.

  9         2.  Bachelor's degree, with no fewer than 120 semester

10  hours or the equivalent.

11         3.  Master's degree, with no fewer than 24 semester

12  hours, or the equivalent, beyond the bachelor's degree.

13         4.  Doctoral degree, with no fewer than 60 semester

14  hours, or the equivalent, beyond the bachelor's degree.

15         (e)  The following data must be submitted annually to

16  the board: college name, address, telephone number, and

17  accreditation, if any; denomination, church, or religious

18  affiliation; list of all degree titles with their religious

19  vocation major; and a current copy of the college's catalog

20  and consumer practice information listed in paragraph (f).

21         (f)  The board shall collect annually from each college

22  authorized pursuant to this section the following descriptive

23  inventory of consumer practices:

24         1.  A description of the college's policies and

25  procedures regarding the recruitment and admission of

26  students.

27         2.  The sources and kinds of financial assistance

28  available and the specific manner by which students are

29  informed of their responsibilities with respect to receiving

30  assistance and repaying loans.

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  1         3.  The placement assistance provided by the college,

  2  including any claims concerning job placement rates.

  3         4.  Copies of all advertising published on behalf of

  4  the college during the previous year.  If the college claims

  5  accreditation, it shall indicate whether or not that

  6  accreditation is approved by the United States Department of

  7  Education and if such accreditation is disclosed in all

  8  advertisements.

  9         5.  A copy of the college's refund policy.  The refund

10  policy must provide students with a minimum of 3 working days

11  from the date a student signs an enrollment contract or

12  financial agreement with a college for the student to cancel

13  the contract and receive a full refund of any tuition or

14  registration fees paid.  The refund policy must be prominently

15  displayed on the contract form.

16         6.  Evidence that the college has provided its students

17  with a clear and specific statement regarding the

18  transferability of credits to and from other colleges,

19  institutes, seminaries, and universities.

20         (g)  The college shall include with the data required

21  by paragraphs (e) and (f), a sworn affidavit, signed by its

22  chief administrative officer, affirming that the information

23  submitted is accurate and no false data has knowingly and

24  willingly been submitted, that the policies reported are

25  provided in writing to all prospective students at least 1

26  week before enrollment or collection of tuition fees, that the

27  college observes the policies and practices as reported to the

28  board, and that it complies with this section.

29         (h)  The board shall set an annual review date for

30  receiving data and assuring compliance with this section.  The

31  board shall give a college 60 days' notification of the annual

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  1  review date.  After providing 30 days' notification, the board

  2  may impose a fine for every month the college receiving

  3  authorization under this section fails to provide the data

  4  required by paragraphs (e) and (f).  The postmark on the

  5  envelope or package containing the notification serves as the

  6  date of notification.

  7         (i)  The following information must appear in the

  8  college's catalog or administrative bulletin: denomination,

  9  church, or religious affiliation; purpose or mission of the

10  college; a list and description of all courses of study; a

11  list of course descriptions; a list of all faculty members

12  with their degrees; administrative officers and staff; all

13  fees, charges, nonrefundable fees, and tuition; refund

14  policies; transferability of credits to and from other

15  colleges; accreditation, if any; whether or not the

16  accrediting agency is recognized by the United States

17  Department of Education; and the college's authorization

18  status.  A college receiving authorization under this section

19  shall include the following statement in the purpose, mission,

20  accreditation, or recognition statement in the catalog to

21  clarify its statutory existence: "The degree programs of this

22  college are designed solely for religious vocations."

23         (j)  The name of the college shall include a religious

24  modifier or the name of a religious patriarch, saint, person,

25  or symbol of the church.

26         (2)  A nonpublic college shall be exempt from the

27  requirements of paragraphs (1)(b) and (c) if it complies with

28  all other provisions of this section and with the minimum

29  standards for licensure as provided for in rule. Verification

30  of compliance with this section shall be accomplished in the

31  following manner:

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  1         (a)  By submission to the board of a finding of

  2  compliance by a group authorized by the board pursuant to s.

  3  246.041(1)(f) that has experience using standards similar to

  4  the board's licensing standards or has received training from

  5  the board;

  6         (b)  By submission to the board of evidence of

  7  accreditation by a regional or national accrediting agency

  8  that is recognized by the United States Department of

  9  Education or the State of Florida; or

10         (c)  By a finding of compliance by the board.

11  Notwithstanding the provisions of paragraph (1)(c), a college

12  which complies with the provisions of this section and submits

13  to the board a sworn affidavit from a group formed pursuant to

14  s. 246.041(1)(f), certifying that the college complies with

15  the minimum standards for licensure as provided for in rule,

16  is not required to include a religious modifier in the title

17  of degrees issued by the college.

18         (3)  The burden of determining compliance with this

19  section shall rest with the board.  Pursuant to s.

20  246.041(1)(f), the board shall may enter into an agreement

21  with an authorized individual or group of individuals to

22  oversee the review and collection of the data submitted

23  pursuant to this section. However, nonpublic colleges and

24  universities subject to this section may choose at any time to

25  be under the State Board of Independent Colleges and

26  Universities for review and collection of data. Except for an

27  authorized group providing a finding of compliance pursuant to

28  paragraph (2)(a), each group of individuals authorized by the

29  board pursuant to s. 246.041(1)(f) that oversees institutions

30  pursuant to this section must receive training from the board

31  or have knowledge of, or experience with, the material

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  1  included in such training. The burden of determining

  2  compliance with this section shall rest with the board. The

  3  board may require further evidence and make such further

  4  investigation, in addition to the information submitted, as

  5  may be reasonably necessary in the board's judgment.

  6         Section 4.  Paragraph (c) of subsection (2) of section

  7  246.31, Florida Statutes, is amended to read:

  8         246.31  Institutional Assessment Trust Fund.--

  9         (2)  Funds from the trust fund shall be used for

10  purposes including, but not limited to, the following:

11         (c)  Educational programs for the benefit of current

12  and prospective owners, administrators, agents, authorized

13  groups of individuals, and faculty of institutions receiving a

14  license, a certificate of exemption, or an authorization

15  licensed by the board.

16         Section 5.  This act shall take effect July 1 of the

17  year in which enacted.

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19            *****************************************

20                          HOUSE SUMMARY

21
      Revises provisions relating to membership of the State
22    Board of Independent Colleges and Universities. Revises
      certain requirements, and exemptions from certain
23    requirements, with respect to nonpublic colleges issued
      an authorization.
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