Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 260
Barcode 476460
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/04/2011 .
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The Committee on Higher Education (Siplin) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (1) through (16) of section
6 1005.02, Florida Statutes, are redesignated as subsections (2)
7 through (17), respectively, and a new subsection (1) is added to
8 that section, to read:
9 1005.02 Definitions.—As used in this chapter, the term:
10 (1) “Academic degree” means a degree titled as an
11 associate, bachelor’s, master’s, or doctoral degree. The term
12 does not include an occupational associate degree.
13 Section 2. Section 1005.04, Florida Statutes, is amended to
14 read:
15 1005.04 Fair consumer practices.—
16 (1) Every institution that is under the jurisdiction of the
17 commission or is exempt from the jurisdiction or purview of the
18 commission pursuant to s. 1005.06(1)(c) or (f) and that either
19 directly or indirectly solicits for enrollment any student
20 shall:
21 (a) Disclose to each prospective student a statement of the
22 purpose of such institution, its educational programs and
23 curricula, a description of its physical facilities, its status
24 regarding licensure and accreditation, its fee schedule and
25 policies regarding retaining student fees if a student
26 withdraws, and a statement regarding the transferability of
27 credits to and from other institutions. The institution shall
28 make the required disclosures in writing at least 1 week prior
29 to enrollment or collection of any tuition from the prospective
30 student. The required disclosures may be made in the
31 institution’s current catalog;
32 (b) Use a reliable method to assess, before accepting a
33 student into a program, the student’s ability to complete
34 successfully the course of study for which he or she has
35 applied;
36 (c) Inform each student accurately about financial
37 assistance and obligations for repayment of loans; describe any
38 employment placement services provided and the limitations
39 thereof; and refrain from promising or implying guaranteed
40 placement, market availability, or salary amounts;
41 (d) Provide to prospective and enrolled students accurate
42 information regarding the relationship of its programs to state
43 licensure requirements for practicing related occupations and
44 professions in Florida;
45 (e) Ensure that all advertisements are accurate and not
46 misleading;
47 (f) Publish and follow an equitable prorated refund policy
48 for all students, and follow both the federal refund guidelines
49 for students receiving federal financial assistance and the
50 minimum refund guidelines set by commission rule;
51 (g) Follow the requirements of state and federal laws that
52 require annual reporting with respect to crime statistics and
53 physical plant safety and make those reports available to the
54 public; and
55 (h) Publish and follow procedures for handling student
56 complaints, disciplinary actions, and appeals.
57 (2) In addition, Institutions that are required to be
58 licensed by the commission shall disclose to prospective
59 students that additional information regarding the institution
60 may be obtained by contacting the Commission for Independent
61 Education, Department of Education, Tallahassee.
62 (3) A licensed institution offering academic degrees,
63 degrees, or diplomas may not advertise or represent that it is
64 accredited or include the words “accredited” or “accreditation”
65 in its catalogs, brochures, website, advertisements,
66 publications, or other promotional materials that are provided
67 to, or accessible by, prospective students unless the
68 accrediting agency referenced is an accrediting agency
69 recognized by the United States Department of Education.
70 (4) A licensed institution that offers academic degrees and
71 is not accredited by an accrediting agency recognized by the
72 United States Department of Education shall provide a written
73 disclosure to prospective students, before enrollment, in
74 substantially the following form. The form of the written
75 disclosure shall be submitted to the commission for approval
76 before initial, provisional, or annual licensure and shall be
77 made in large bold type, all capital letters, and maintained
78 separate from other required disclosures. Prospective students
79 shall be required to sign a copy of the form, acknowledging
80 receipt of the written disclosure. The disclosure shall state:
81
82 (NAME OF INSTITUTION) IS NOT ACCREDITED BY AN
83 ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES
84 DEPARTMENT OF EDUCATION. AS A PROSPECTIVE STUDENT, YOU
85 ARE ENTITLED TO RECEIVE A CATALOG AND PROGRAM
86 DESCRIPTIONS FOR EACH PROGRAM OFFERED BY THIS
87 INSTITUTION. IT IS YOUR OBLIGATION TO CAREFULLY REVIEW
88 THE INSTITUTIONAL CATALOG AND ALL OTHER MATERIALS
89 REGARDING A PROGRAM BEING OFFERED, INCLUDING THE
90 OCCUPATIONAL OBJECTIVES OF THE PROGRAM, PRIOR TO
91 ENROLLING IN THE INSTITUTION.
92 Section 3. Paragraph (b) of subsection (1) and subsection
93 (2) of section 1005.31, Florida Statutes, are amended, and
94 subsection (16) is added to that section, to read:
95 1005.31 Licensure of institutions.—
96 (1)
97 (b) After licensure, each licensee shall notify is solely
98 responsible for notifying the commission in writing of:
99 1. Any change in the licensee’s accreditation status.
100 2. The licensee’s current mailing address and the location
101 of the institution. A licensee’s failure to notify the
102 commission of a change of address constitutes a violation of
103 this paragraph, and the licensee may be disciplined by the
104 commission. Notwithstanding any other provision of law, service
105 by regular mail to a licensee’s last known address of record
106 with the commission is constitutes adequate and sufficient
107 notice to the licensee for any official communication to the
108 licensee by the commission.
109 (2) The commission shall develop minimum standards by which
110 to evaluate institutions for licensure. These standards must
111 address include at least the institution’s name, financial
112 stability, purpose, administrative organization, admissions and
113 recruitment, educational programs and curricula, retention,
114 completion, career placement, faculty, learning resources,
115 student personnel services, physical plant and facilities,
116 publications, and disclosure statements about the status of the
117 institution with respect to professional certification,
118 accreditation, and licensure. The commission may adopt rules to
119 ensure that institutions licensed under this section meet these
120 standards in ways that are appropriate to achieve the stated
121 intent of this chapter, including provisions for nontraditional
122 or distance education programs and delivery. An institution
123 offering postsecondary education through correspondence or
124 distance learning courses to students in the state must be
125 licensed by the commission whether or not the institution is
126 physically located in the state, unless the institution is not
127 under the commission’s jurisdiction or purview pursuant to s.
128 1005.06.
129 (16) The commission shall maintain on its website a current
130 list of the institutions that are licensed under this section
131 and hold accreditation. The list must specify the accrediting
132 entity and whether the entity is recognized by the United States
133 Department of Education as a reliable authority as to the
134 quality of postsecondary education within the meaning of the
135 Higher Education Act of 1965, as amended. The commission shall
136 also maintain on its website a list of the institutions located
137 in the state which maintain or advertise themselves as being
138 accredited by an agency that is not recognized by the United
139 States Department of Education.
140 Section 4. Subsection (10) of section 744.1083, Florida
141 Statutes, is amended to read:
142 744.1083 Professional guardian registration.—
143 (10) A state college or university or an independent
144 college or university that is located and chartered in Florida,
145 that is accredited by the Commission on Colleges of the Southern
146 Association of Colleges and Schools or the Accrediting Council
147 for Independent Colleges and Schools, and that confers degrees
148 as defined in s. 1005.02 1005.02(7) may, but is not required to,
149 register as a professional guardian under this section. If a
150 state college or university or independent college or university
151 elects to register as a professional guardian under this
152 subsection, the requirements of subsections (3) and (4) do not
153 apply and the registration must include only the name, address,
154 and employer identification number of the registrant.
155 Section 5. This act shall take effect July 1, 2011.
156
157 ================= T I T L E A M E N D M E N T ================
158 And the title is amended as follows:
159 Delete everything before the enacting clause
160 and insert:
161 A bill to be entitled
162 An act relating to nonpublic postsecondary educational
163 institutions; amending s. 1005.02, F.S.; defining the
164 term “academic degree”; amending s. 1005.04, F.S.;
165 requiring disclosure of institution accreditation
166 status to prospective students; providing restrictions
167 relating to advertising by licensed institutions;
168 requiring that institutions that do not have certain
169 accreditation provide written disclosure; providing a
170 form for such disclosure; amending s. 1005.31, F.S.;
171 requiring that a licensed independent postsecondary
172 educational institution notify the Commission for
173 Independent Education of changes in its accreditation
174 status; revising criteria concerning the standards by
175 which the commission evaluates institutions for
176 licensure; requiring the licensure of certain
177 institutions offering postsecondary education through
178 correspondence or distance learning courses; requiring
179 that the commission maintain lists on its website
180 concerning the accreditation of institutions licensed
181 by the commission; amending s. 744.1083, F.S.;
182 conforming a cross-reference; providing an effective
183 date.