HB 619

1	A bill to be entitled
2	An act relating to nonpublic postsecondary educational
3	institutions; amending s. 1005.02, F.S.; defining the term
4	"academic degree"; amending s. 1005.31, F.S.; requiring
5	that a licensed independent postsecondary educational
6	institution notify the Commission for Independent
7	Education of changes in its accreditation status;
8	providing penalties for failure to provide the notice;
9	revising criteria concerning the standards by which the
10	commission evaluates institutions for licensure; requiring
11	that institutions become accredited within a specified
12	period after licensure; requiring a licensed institution
13	that is not accredited to include certain information on
14	the institution's website; restricting the recognition of
15	academic degrees conferred by that institution; requiring
16	that the institution notify the Department of Education
17	and the Office of the Attorney General of its progress in
18	obtaining accreditation; requiring that institutions
19	maintain records and provide the commission with
20	information concerning nationally recognized standards
21	used to grant credit for a student's prior work or life
22	experience; requiring compliance with laws concerning the
23	reporting of crime statistics; requiring that such reports
24	be made available to the public; requiring that the
25	commission maintain a list on its website concerning the
26	accreditation of institutions licensed by the commission;
27	requiring the Department of Education and the Office of
28	the Attorney General to maintain a link to the
29	commission's list on their respective websites; amending
30	s. 1005.38, F.S.; requiring that the commission revoke the
31	license or authorization of an institution that does not
32	meet requirements concerning accreditation; providing an
33	effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Present subsections (1) through (16) of section
38	1005.02, Florida Statutes, are redesignated as subsections (2)
39	through (17), respectively, and a new subsection (1) is added to
40	that section, to read:
41	1005.02  Definitions.--As used in this chapter, the term:
42	(1)  "Academic degree" means a degree titled as an
43	associate, bachelor's, master's, or doctoral degree.
44	Section 2.  Subsections (1) and (2) of section 1005.31,
45	Florida Statutes, are amended, and subsection (16) is added to
46	that section, to read:
47	1005.31  Licensure of institutions.--
48	(1)(a)  Each college or school operating within this state
49	must obtain licensure from the commission unless the institution
50	is not under the commission's purview or jurisdiction as
51	provided in s. 1005.06.
52	(b)  After licensure, each licensee is solely responsible
53	for notifying the commission in writing of:
54	1.  Any change in the licensee's accreditation status.
55	2.  The licensee's current mailing address and the location
56	of the institution. A licensee's failure to notify the
57	commission of a change of address constitutes a violation of
58	this paragraph, and the licensee may be disciplined by the
59	commission. Notwithstanding any other provision of law, service
60	by regular mail to a licensee's last known address of record
61	with the commission is constitutes adequate and sufficient
62	notice to the licensee for any official communication to the
63	licensee by the commission.
64	(c)  A licensee may be disciplined by the commission for
65	failing to provide the notice required in paragraph (b).
66	(2)  The commission shall develop minimum standards by
67	which to evaluate institutions for licensure. These standards
68	must:
69	(a)  Address include at least the institution's name,
70	financial stability, purpose, administrative organization,
71	admissions and recruitment, educational programs and curricula,
72	retention, completion, career placement, faculty, learning
73	resources, student personnel services, physical plant and
74	facilities, publications, and disclosure statements about the
75	status of the institution with respect to professional
76	certification and licensure.
77	(b)  Require that an institution secure accreditation
78	within 5 years after the date it is first licensed under this
79	section, except that if an institution is licensed on July 1,
80	2009, that institution must obtain accreditation by July 2,
81	2014. An institution that is licensed but not accredited shall
82	promptly seek and actively pursue accreditation.
83	1.  During the period in which an institution is licensed
84	but not accredited, the institution shall disclose that
85	information on its website in a statement in a typeface that is
86	large enough to be easily readable. The statement may include
87	additional information such as accreditation is being sought;
88	however, the institution may not include a statement on its
89	website that the institution is licensed unless the statement
90	also specifies that the institution is not accredited.
91	2.  The academic degrees conferred by an institution before
92	it secures accreditation may be recognized by other
93	postsecondary educational institutions in this state only if the
94	institution secures accreditation within the required period.
95	3.  The institution must notify the Department of Education
96	and the Office of the Attorney General in writing concerning the
97	status of its progress in the accreditation process. The notice
98	must be provided monthly until accreditation is secured.
99	(c)  Require that an institution use nationally recognized
100	standards in determining whether to grant a student credit for
101	previous work or life experience. Each institution shall provide
102	to the commission an annual report that specifies the credits
103	granted for such experience and documents any nationally
104	recognized standards used in granting the credits.
105	(d)  Require compliance with state and federal laws that
106	require annual reporting of crime statistics. Each institution
107	shall make such report available to the public.
108
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
115	current list of the institutions that are licensed under this
116	section 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.

CODING: Words stricken are deletions; words underlined are additions.