Florida Senate - 2011 SM 1654 By Senator Wise 5-01831-11 20111654__ 1 Senate Memorial 2 A memorial to notify the Federal Government of 3 colleges and universities in this state which are 4 authorized to operate educational programs beyond the 5 secondary level. 6 7 WHEREAS, On October 29, 2010, the United States Department 8 of Education issued its Final Rule on Program Integrity Issues, 9 75 Federal Register 66832 et seq., which includes amendments to 10 regulations at 34 Code of Federal Regulations s. 11 600.9(a)(1)(i)(A) requiring that educational institutions not 12 created by the state be “established by name as an educational 13 institution by a State through a charter, statute, 14 constitutional provision, or other action...” and be “authorized 15 to operate educational programs beyond secondary level, 16 including programs leading to a degree or certificate,” and 17 WHEREAS, the Legislature chose to exempt from the 18 jurisdiction or purview of the Commission for Independent 19 Education “any institution that is under the jurisdiction of the 20 Department of Education, eligible to participate in the William 21 L. Boyd, IV, Florida Resident Access Grant Program and that is a 22 nonprofit independent college or university located and 23 chartered in this state and accredited by the Commission on 24 Colleges of the Southern Association of Colleges and Schools to 25 grant baccalaureate degrees,” pursuant to s. 1005.06(1)(c), 26 Florida Statutes, and 27 WHEREAS, all institutions exempted from the jurisdiction or 28 purview of the Commission for Independent Education through 29 accreditation by the Commission on Colleges of the Southern 30 Association of Colleges and Schools must meet state reporting 31 requirements, including reporting on fair consumer practices 32 under s. 1005.04, Florida Statutes, reporting on hazing policies 33 and rules under s. 1006.63, Florida Statutes, reporting on 34 campus crime statistics under s. 1005.04 (1)(g), Florida 35 Statutes, and reporting on physical plant safety under s. 36 1013.11, Florida Statutes, and 37 WHEREAS, all institutions that are exempt from the 38 jurisdiction or purview of the Commission for Independent 39 Education under s. 1005.06(1)(c), Florida Statutes, may 40 participate in one or more state-funded student financial aid 41 programs subject to audit by the Florida Department of 42 Education, including, but not limited to, the Florida Private 43 Student Assistance Grant Program pursuant to s. 1009.51, Florida 44 Statutes, the Florida Bright Futures Scholarship Program 45 pursuant to s. 1009.53, Florida Statutes, and the William L. 46 Boyd, IV, Florida Resident Access Grant Program pursuant to s. 47 1009.89, Florida Statutes, and 48 WHEREAS, the institutions that are eligible to participate 49 in Florida’s student financial aid programs include: Ave Maria 50 University, Barry University, Beacon College, Bethune-Cookman 51 University, Clearwater Christian College, Eckerd College, Edward 52 Waters College, Embry-Riddle Aeronautical University, Flagler 53 College, Florida College, Florida Hospital College of Health 54 Sciences, Florida Institute of Technology, Florida Memorial 55 University, Florida Southern College, Hodges University, 56 Jacksonville University, Lynn University, Nova Southeastern 57 University, Palm Beach Atlantic University, Ringling College of 58 Art and Design, Rollins College, Saint Leo University, 59 Southeastern University, St. Thomas University, Stetson 60 University, University of Miami, University of Tampa, Warner 61 University, and Webber International University, NOW, THEREFORE, 62 63 Be It Resolved by the Legislature of the State of Florida: 64 65 That the 2011 Florida Legislature respectfully informs the 66 United States Department of Education that the colleges and 67 universities named in this memorial have met the conditions in 68 34 Code of Federal Regulations s. 600.9 and are authorized to 69 operate educational programs beyond the secondary level. 70 BE IT FURTHER RESOLVED that copies of this memorial be 71 dispatched to each college and university named in this 72 memorial, to the United States Secretary of Education, to the 73 President of the United States, to the President of the United 74 States Senate, to the Speaker of the United States House of 75 Representatives, and to each member of the Florida delegation to 76 the United States Congress.