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 the59commission of a change of address constitutes a violation of60this paragraph, and the licensee may be disciplined by the61commission.Notwithstanding any otherprovision oflaw, service 62 by regular mail to a licensee's last known address of record 63 with the commission isconstitutesadequate 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) Addressinclude at leastthe 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, licenselicenceby 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.