Senate Bill 0924
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Florida Senate - 1998 SB 924
By Senator Sullivan
22-778B-98
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. 246.041, F.S.; deleting or
9 correcting obsolete references; amending s.
10 246.084, F.S., relating to colleges receiving
11 an authorization; revising certain
12 requirements; providing for exemption from
13 certain requirements; revising provisions
14 relating to oversight of the review and
15 collection of data for purposes of determining
16 compliance; amending ss. 246.085, 246.121,
17 F.S.; prescribing agencies whose accreditation
18 will be recognized by the state; correcting
19 obsolete references; amending s. 246.31, F.S.,
20 relating to the Institutional Assessment Trust
21 Fund; conforming provisions; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (4) of section 246.021, Florida
27 Statutes, is amended to read:
28 246.021 Definitions.--As used in ss. 246.011-246.151,
29 unless the context otherwise requires:
30 (4) "College" means any educational entity which
31 confers or offers to confer a degree or which furnishes or
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1 offers to furnish instruction leading toward, or prerequisite
2 to, college credit or a degree beyond the secondary level.
3 The term includes any nonpublic college chartered in this
4 state and any Florida center or branch campus of an
5 out-of-state college.
6 Section 2. Subsection (2) of section 246.031, Florida
7 Statutes, is amended to read:
8 246.031 State Board of Independent Colleges and
9 Universities.--
10 (2) The State Board of Independent Colleges and
11 Universities shall consist of nine citizens who are residents
12 of this state, a majority of whom represent nonpublic
13 independent colleges and universities within the state. For
14 terms beginning after October 1, 1992, Members shall be
15 residents of the state, selected from the state at large and.
16 Members shall be appointed by the Governor and confirmed by
17 the Senate. To be consistent with an independent rulemaking
18 board, members, except members appointed pursuant to paragraph
19 (e), must be employees, consultants, board members, or
20 trustees of a nonpublic college or university that is under
21 the State Board of Independent Colleges and Universities. At
22 least one member must be appointed from each of the following
23 categories:
24 (a) A college or university holding a certificate of
25 exemption from licensure pursuant to s. 246.085(1)(a) and
26 accredited by a regional accrediting agency.
27 (b) A college or university holding a certificate of
28 exemption from licensure pursuant to s. 246.085(1)(a) and
29 accredited by a national accrediting agency.
30 (c) A college or university licensed by the board
31 pursuant to s. 246.087.
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1 (d) A college or university holding a certificate of
2 exemption from licensure pursuant to s. 246.085(1)(b) or a
3 college or university issued an authorization pursuant to s.
4 246.084.
5 (e) Lay citizens of the state who derive no income
6 from a nonpublic college or university or the state.
7
8 Accreditation of an institution pursuant to the requirements
9 of this subsection must be by a regional or national
10 accrediting agency recognized by the United States Department
11 of Education.
12 Section 3. Paragraph (q) of subsection (1) and
13 paragraph (g) of subsection (2) of section 246.041, Florida
14 Statutes, are amended to read:
15 246.041 Powers and duties of board.--
16 (1) The board shall:
17 (q) Annually review the accreditation standards of the
18 Commission on Colleges of the Southern Association of Colleges
19 and Schools, the Accrediting Council for Independent Colleges
20 and Schools at the junior or senior college of business level,
21 and the Accrediting American Association of Bible Colleges,
22 the Transnational Association of Christian Colleges and
23 Schools, and, upon request, other Commission on Recognition of
24 Postsecondary Accreditation and United States Department of
25 Education recognized accrediting associations, to determine
26 for each of these accrediting bodies the comparability of the
27 accreditation standards with the minimum licensing
28 requirements of the board.
29 (2) The board may:
30 (g) Following evaluation by the board, recommend to
31 the Legislature any changes to the accrediting associations
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1 included in s. 246.085(1)(a). Accrediting associations
2 included in s. 246.085(1)(a) shall be Commission on
3 Recognition of Postsecondary Accreditation or United States
4 Department of Education recognized accrediting associations
5 whose standards are comparable with state licensing standards.
6 Section 4. Subsections (1), (2), and (3) of section
7 246.084, Florida Statutes, are amended to read:
8 246.084 Authorization.--
9 (1) A nonpublic college which enrolls students, none
10 of whom receive state or federal financial aid for education,
11 shall not be required to apply for a license upon compliance
12 with this section and submission of data required by this
13 section provided that none of the students of such college who
14 are enrolled in Florida receive state or federal financial aid
15 for education.
16 (a) Colleges receiving authorization under this
17 section may only offer educational programs that prepare
18 students for religious vocations as ministers, professionals,
19 or laypersons in the following categories: ministry,
20 counseling, theology, education, administration, music, fine
21 arts, media communications, and social work.
22 (b) The religious vocation must predominantly appear
23 on the face of the degree and on the college's transcript.
24 (c) The following titles of degrees issued by the
25 college must include a religious modifier as a part of the
26 title of the degree which must immediately precede, or be
27 included within, any of the following titles: Associate in
28 Arts, Associate in Science, Bachelor of Arts, Bachelor of
29 Science, Master of Arts, Master of Science, and Doctor of
30 Philosophy. The religious modifier must be placed on the title
31 line of the degree.
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1 (d) For purposes of this section, one semester credit
2 hour of study is 15 academic hours or its equivalent. The
3 following minimum credit hours are required for awarding the
4 following degrees:
5 1. Associate degree, with no fewer than 60 semester
6 hours or the equivalent.
7 2. Bachelor's degree, with no fewer than 120 semester
8 hours or the equivalent.
9 3. Master's degree, with no fewer than 24 semester
10 hours, or the equivalent, beyond the bachelor's degree.
11 4. Doctoral degree, with no fewer than 60 semester
12 hours, or the equivalent, beyond the bachelor's degree.
13 (e) The following data must be submitted annually to
14 the board: college name, address, telephone number, and
15 accreditation, if any; denomination, church, or religious
16 affiliation; list of all degree titles with their religious
17 vocation major; and a current copy of the college's catalog
18 and consumer practice information listed in paragraph (f).
19 (f) The board shall collect annually from each college
20 authorized pursuant to this section the following descriptive
21 inventory of consumer practices:
22 1. A description of the college's policies and
23 procedures regarding the recruitment and admission of
24 students.
25 2. The sources and kinds of financial assistance
26 available and the specific manner by which students are
27 informed of their responsibilities with respect to receiving
28 assistance and repaying loans.
29 3. The placement assistance provided by the college,
30 including any claims concerning job placement rates.
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1 4. Copies of all advertising published on behalf of
2 the college during the previous year. If the college claims
3 accreditation, it shall indicate whether or not that
4 accreditation is approved by the United States Department of
5 Education and if such accreditation is disclosed in all
6 advertisements.
7 5. A copy of the college's refund policy. The refund
8 policy must provide students with a minimum of 3 working days
9 from the date a student signs an enrollment contract or
10 financial agreement with a college for the student to cancel
11 the contract and receive a full refund of any tuition or
12 registration fees paid. The refund policy must be prominently
13 displayed on the contract form.
14 6. Evidence that the college has provided its students
15 with a clear and specific statement regarding the
16 transferability of credits to and from other colleges,
17 institutes, seminaries, and universities.
18 (g) The college shall include with the data required
19 by paragraphs (e) and (f), a sworn affidavit, signed by its
20 chief administrative officer, affirming that the information
21 submitted is accurate and no false data has knowingly and
22 willingly been submitted, that the policies reported are
23 provided in writing to all prospective students at least 1
24 week before enrollment or collection of tuition fees, that the
25 college observes the policies and practices as reported to the
26 board, and that it complies with this section.
27 (h) The board shall set an annual review date for
28 receiving data and assuring compliance with this section. The
29 board shall give a college 60 days' notification of the annual
30 review date. After providing 30 days' notification, the board
31 may impose a fine for every month the college receiving
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1 authorization under this section fails to provide the data
2 required by paragraphs (e) and (f). The postmark on the
3 envelope or package containing the notification serves as the
4 date of notification.
5 (i) The following information must appear in the
6 college's catalog or administrative bulletin: denomination,
7 church, or religious affiliation; purpose or mission of the
8 college; a list and description of all courses of study; a
9 list of course descriptions; a list of all faculty members
10 with their degrees; administrative officers and staff; all
11 fees, charges, nonrefundable fees, and tuition; refund
12 policies; transferability of credits to and from other
13 colleges; accreditation, if any; whether or not the
14 accrediting agency is recognized by the United States
15 Department of Education; and the college's authorization
16 status. A college receiving authorization under this section
17 shall include the following statement in the purpose, mission,
18 accreditation, or recognition statement in the catalog to
19 clarify its statutory existence: "The degree programs of this
20 college are designed solely for religious vocations."
21 (j) The name of the college shall include a religious
22 modifier or the name of a religious patriarch, saint, person,
23 or symbol of the church.
24 (2) A nonpublic college shall be exempt from the
25 requirements of paragraphs (1)(b) and (c) if it complies with
26 all other provisions of this section and with the minimum
27 standards for licensure as provided for in rule. Verification
28 of compliance with this section shall be accomplished in the
29 following manner:
30 (a) By submission to the board of a finding of
31 compliance by a group of citizens who are residents of this
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1 state which is authorized by the board pursuant to s.
2 246.041(1)(f) and which has experience using standards similar
3 to the board's licensing standards or has received training
4 from the board;
5 (b) By submission to the board of evidence of
6 accreditation by a regional or national accrediting agency
7 that is recognized by the United States Department of
8 Education; or
9 (c) By a finding of compliance by the board.
10 Notwithstanding the provisions of paragraph (1)(c), a college
11 which complies with the provisions of this section and submits
12 to the board a sworn affidavit from a group formed pursuant to
13 s. 246.041(1)(f), certifying that the college complies with
14 the minimum standards for licensure as provided for in rule,
15 is not required to include a religious modifier in the title
16 of degrees issued by the college.
17 (3) The burden of determining compliance with this
18 section shall rest with the board. Pursuant to s.
19 246.041(1)(f), the board shall may enter into an agreement
20 with an authorized individual or group of citizens who are
21 residents of this state individuals to oversee the review and
22 collection of the data submitted pursuant to this section.
23 However, nonpublic colleges and universities subject to this
24 section may choose at any time to be under the State Board of
25 Independent Colleges and Universities for review and
26 collection of data. Except for an authorized group providing a
27 finding of compliance pursuant to paragraph (2)(a), each group
28 of individuals authorized by the board pursuant to s.
29 246.041(1)(f) which oversees institutions pursuant to this
30 section must receive training from the board or have knowledge
31 of, or experience with, the material included in such
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1 training. The burden of determining compliance with this
2 section shall rest with the board. The board may require
3 further evidence and make such further investigation, in
4 addition to the information submitted, as may be reasonably
5 necessary in the board's judgment.
6 Section 5. Subsection (1) of section 246.085, Florida
7 Statutes, is amended to read:
8 246.085 Certificate of exemption.--
9 (1) As an alternative to applying for a license from
10 the board, the following nonpublic colleges may apply for a
11 certificate of exemption from the board:
12 (a) Colleges chartered in Florida and accredited by:
13 1. The Commission on Colleges of the Southern
14 Association of Colleges and Schools;
15 2. The Accrediting Council for Independent Colleges
16 and Schools at the junior or senior college of business level;
17 3. The Accrediting American Association of Bible
18 Colleges;
19 4. The Transnational Association of Christian Colleges
20 and Schools; or
21 5. An agency recognized by the United States
22 Department of Education Commission on Recognition of
23 Postsecondary Accreditation to accredit professional degree
24 programs above the baccalaureate level.
25
26 Each nonpublic college seeking exemption pursuant to this
27 paragraph shall submit to the board a current catalog and a
28 letter from the recognized accrediting agency by whom the
29 college is accredited, confirming the current accredited
30 status of the college.
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1 (b) Colleges chartered in this state, the credits or
2 degrees of which are accepted for credit by at least three
3 colleges that are fully accredited by an agency recognized by
4 the United States Department of Education a member of the
5 Commission on Recognition of Postsecondary Accreditation,
6 which were exempt through this category of exemption prior to
7 July 1, 1982, and which enroll no students who receive any
8 state or federal financial aid for education. Each college
9 seeking exemption pursuant to this paragraph shall submit to
10 the board a current catalog and letters from the three
11 colleges confirming acceptance of the credits.
12 Section 6. Subsection (1) of section 246.121, Florida
13 Statutes, is amended to read:
14 246.121 Designation "college" or "university".--
15 (1) The use of the title "college" or "university" in
16 combination with any series of letters, numbers, or words is
17 restricted in this state to colleges as defined in s. 246.021
18 which offer degrees as defined in s. 246.021 and fall into at
19 least one of the following categories:
20 (a) A Florida college, public or nonpublic, accredited
21 by:
22 1. The Commission on Colleges of the Southern
23 Association of Colleges and Schools;
24 2. The Accrediting Commission for Independent Colleges
25 and Schools of the Career College Association at the junior or
26 senior college of business level;
27 3. The Accrediting American Association of Bible
28 Colleges; or
29 4. An agency recognized by the United States
30 Department of Education to accredit professional degree
31 programs above the baccalaureate level.
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1 (b) A Florida or out-of-state college which has been
2 in active operation and using the name since April 1, 1970.
3 (c) Colleges chartered in this state the credits or
4 degrees of which are accepted for credit by at least three
5 colleges that are fully accredited by an agency recognized by
6 the United States Department of Education a member of the
7 Commission on Recognition of Postsecondary Accreditation,
8 which were exempt prior to July 1, 1982, and which enroll no
9 students who receive any state or federal financial aid for
10 education.
11 Section 7. Paragraph (c) of subsection (2) of section
12 246.31, Florida Statutes, is amended to read:
13 246.31 Institutional Assessment Trust Fund.--
14 (2) Funds from the trust fund shall be used for
15 purposes including, but not limited to, the following:
16 (c) Educational programs for the benefit of current
17 and prospective owners, administrators, agents, authorized
18 groups of individuals, and faculty of institutions receiving a
19 license, a certificate of exemption, or an authorization
20 licensed by the board.
21 Section 8. This act shall take effect July 1 of the
22 year in which enacted.
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24 *****************************************
25 LEGISLATIVE SUMMARY
26
Revises provisions relating to membership of the State
27 Board of Independent Colleges and Universities. Revises
certain requirements, and exemptions from certain
28 requirements, with respect to nonpublic colleges issued
an authorization. Substitutes references to the
29 "Accrediting Association of Bible Colleges" for
references to the American Association of Bible Colleges.
30 Deletes references to the defunct Commission on
Recognition of Postsecondary Accreditation and provides
31 for recognition of accreditation by any agency recognized
by the U.S. Department of Education.
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