Florida Senate - 2009                                     SB 156
       
       
       
       By Senator Ring
       
       
       
       
       32-00040-09                                            2009156__
    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. 1005.31, F.S.;
    5         requiring that a licensed independent postsecondary
    6         educational institution notify the Commission for
    7         Independent Education of changes in its accreditation
    8         status; providing penalties for failure to provide the
    9         notice; revising criteria concerning the standards by
   10         which the commission evaluates institutions for
   11         licensure; requiring that institutions become
   12         accredited within a specified period after licensure;
   13         requiring a licensed institution that is not
   14         accredited to include certain information on the
   15         institution's website; restricting the recognition of
   16         academic degrees conferred by that institution;
   17         requiring that the institution notify the Department
   18         of Education and the Office of the Attorney General of
   19         its progress in obtaining accreditation; requiring
   20         that institutions maintain records and provide the
   21         commission with information concerning nationally
   22         recognized standards used to grant credit for a
   23         student's prior work or life experience; requiring
   24         compliance with laws concerning the reporting of crime
   25         statistics; requiring that such reports be made
   26         available to the public; requiring that the commission
   27         maintain a list on its website concerning the
   28         accreditation of institutions licensed by the
   29         commission; requiring the Department of Education and
   30         the Office of the Attorney General to maintain a link
   31         to the commission's list on their respective websites;
   32         amending s. 1005.38, F.S.; requiring that the
   33         commission revoke the license or authorization of an
   34         institution that does not meet requirements concerning
   35         accreditation; providing an effective date.
   36         
   37  Be It Enacted by the Legislature of the State of Florida:
   38         
   39         Section 1. Present subsections (1) through (16) of section
   40  1005.02, Florida Statutes, are redesignated as subsections (2)
   41  through (17), respectively, and a new subsection (1) is added to
   42  that section, to read:
   43         1005.02 Definitions.—As used in this chapter, the term:
   44         (1) “Academic degree” means a degree titled as an
   45  associate, bachelor's, master's, or doctoral degree.
   46         Section 2. Subsections (1) and (2) of section 1005.31,
   47  Florida Statutes, are amended, and subsection (16) is added to
   48  that section, to read:
   49         1005.31 Licensure of institutions.—
   50         (1)(a) Each college or school operating within this state
   51  must obtain licensure from the commission unless the institution
   52  is not under the commission's purview or jurisdiction as
   53  provided in s. 1005.06.
   54         (b) After licensure, each licensee is solely responsible
   55  for notifying the commission in writing of:
   56         1. Any change in the licensee's accreditation status.
   57         2. The licensee's current mailing address and the location
   58  of the institution. A licensee's failure to notify the
   59  commission of a change of address constitutes a violation of
   60  this paragraph, and the licensee may be disciplined by the
   61  commission. Notwithstanding any other provision of law, service
   62  by regular mail to a licensee's last known address of record
   63  with the commission is constitutes adequate and sufficient
   64  notice to the licensee for any official communication to the
   65  licensee by the commission.
   66         (c) A licensee may be disciplined by the commission for
   67  failing to provide the notice required in paragraph (b).
   68         (2) The commission shall develop minimum standards by which
   69  to evaluate institutions for licensure. These standards must:
   70         (a)Address include at least the institution's name,
   71  financial stability, purpose, administrative organization,
   72  admissions and recruitment, educational programs and curricula,
   73  retention, completion, career placement, faculty, learning
   74  resources, student personnel services, physical plant and
   75  facilities, publications, and disclosure statements about the
   76  status of the institution with respect to professional
   77  certification and licensure.
   78         (b) Require that an institution secure accreditation within
   79  5 years after the date it is first licensed under this section,
   80  except that if an institution is licensed on July 1, 2009, that
   81  institution must obtain accreditation by July 2, 2014. An
   82  institution that is licensed but not accredited shall promptly
   83  seek and actively pursue accreditation.
   84         1. During the period in which an institution is licensed
   85  but not accredited, the institution shall disclose that
   86  information on its website in a statement in a typeface that is
   87  large enough to be easily readable. The statement may include
   88  additional information such as accreditation is being sought;
   89  however, the institution may not include a statement on its
   90  website that the institution is licensed unless the statement
   91  also specifies that the institution is not accredited.
   92         2. The academic degrees conferred by an institution before
   93  it secures accreditation may be recognized by other
   94  postsecondary educational institutions in this state only if the
   95  institution secures accreditation within the required period.
   96         3. The institution must notify the Department of Education
   97  and the Office of the Attorney General in writing concerning the
   98  status of its progress in the accreditation process. The notice
   99  must be provided monthly until accreditation is secured.
  100         (c) Require that an institution use nationally recognized
  101  standards in determining whether to grant a student credit for
  102  previous work or life experience. Each institution shall provide
  103  to the commission an annual report that specifies the credits
  104  granted for such experience and documents any nationally
  105  recognized standards used in granting the credits.
  106         (d) Require compliance with state and federal laws that
  107  require annual reporting of crime statistics. Each institution
  108  shall make such report available to the public.
  109  The commission may adopt rules to ensure that institutions
  110  licensed under this section meet these standards in ways that
  111  are appropriate to achieve the stated intent of this chapter,
  112  including provisions for nontraditional or distance education
  113  programs and delivery.
  114         (16) The commission shall maintain on its website a current
  115  list of the institutions that are licensed under this section
  116  and that hold accreditation. The list must specify the
  117  accrediting entity and whether such entity is recognized by the
  118  United States Department of Education as a reliable authority as
  119  to the quality of postsecondary education within the meaning of
  120  the Higher Education Act of 1965, as amended. The Department of
  121  Education and the Office of the Attorney General shall maintain
  122  a link to the commission's list on their respective websites.
  123         Section 3. Subsection (1) of section 1005.38, Florida
  124  Statutes, is amended, to read:
  125         1005.38 Actions against a licensee and other penalties.—
  126         (1) The commission may deny, place on probation, or revoke
  127  any provisional license, annual license, license licence by
  128  means of accreditation, agent's license, or other authorization
  129  required by this chapter. The commission shall revoke the
  130  license or other required authorization of an institution that
  131  fails to become or remain accredited as required under s.
  132  1005.31(2). The commission shall adopt rules for taking these
  133  actions. The commission may impose an administrative fine of not
  134  more than $5,000 if an institution is on probation for a period
  135  under conditions that require oversight by the commission or its
  136  staff. The fine shall be deposited into the Institutional
  137  Assessment Trust Fund.
  138         Section 4. This act shall take effect July 1, 2009.