Florida Senate - 2011 SB 260
By Senator Ring
32-00246-11 2011260__
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 that the Department of Education
30 and Office of the Attorney General maintain a link to
31 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; amending s. 744.1083, F.S.; conforming
36 a cross-reference; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Present subsections (1) through (16) of section
41 1005.02, Florida Statutes, are redesignated as subsections (2)
42 through (17), respectively, and a new subsection (1) is added to
43 that section, to read:
44 1005.02 Definitions.—As used in this chapter, the term:
45 (1) “Academic degree” means a degree titled as an
46 associate, bachelor’s, master’s, or doctoral degree.
47 Section 2. Subsections (1) and (2) of section 1005.31,
48 Florida Statutes, are amended, and subsection (16) is added to
49 that section, to read:
50 1005.31 Licensure of institutions.—
51 (1)(a) Each college or school operating within this state
52 must obtain licensure from the commission unless the institution
53 is not under the commission’s purview or jurisdiction as
54 provided in s. 1005.06.
55 (b) After licensure, each licensee is solely responsible
56 for notifying the commission in writing of:
57 1. Any change in the licensee’s accreditation status.
58 2. The licensee’s current mailing address and the location
59 of the institution. A licensee’s failure to notify the
60 commission of a change of address constitutes a violation of
61 this paragraph, and the licensee may be disciplined by the
62 commission. Notwithstanding any other provision of law, service
63 by regular mail to a licensee’s last known address of record
64 with the commission is constitutes adequate and sufficient
65 notice to the licensee for any official communication to the
66 licensee by the commission.
67 (c) A licensee may be disciplined by the commission for
68 failing to provide the notice required in paragraph (b).
69 (2) The commission shall develop minimum standards by which
70 to evaluate institutions for licensure. These standards must:
71 (a) Address include at least the institution’s name,
72 financial stability, purpose, administrative organization,
73 admissions and recruitment, educational programs and curricula,
74 retention, completion, career placement, faculty, learning
75 resources, student personnel services, physical plant and
76 facilities, publications, and disclosure statements about the
77 status of the institution with respect to professional
78 certification and licensure.
79 (b) Require that an institution offering an academic degree
80 secure accreditation within 5 years after the date it is first
81 licensed under this section, except that if an institution is
82 licensed on July 1, 2011, that institution must obtain
83 accreditation by July 2, 2016. An institution that is licensed
84 but not accredited shall promptly seek and actively pursue
85 accreditation.
86 1. During the period in which an institution is licensed
87 but not accredited, the institution shall disclose that
88 information on its website in a statement in a typeface that is
89 large enough to be easily readable. The statement may include
90 additional information such as accreditation is being sought;
91 however, the institution may not include a statement on its
92 website that the institution is licensed unless the statement
93 also specifies that the institution is not accredited.
94 2. The academic degrees conferred by an institution before
95 it secures accreditation may be recognized by other
96 postsecondary educational institutions in this state only if the
97 institution secures accreditation within the required period.
98 3. The institution must notify the Department of Education
99 and Office of the Attorney General in writing concerning the
100 status of its progress in the accreditation process. The notice
101 must be provided monthly until accreditation is secured.
102 (c) Require that an institution use nationally recognized
103 standards in determining whether to grant a student credit for
104 previous work or life experience. Each institution shall provide
105 to the commission an annual report that specifies the credits
106 granted for such experience and documents any nationally
107 recognized standards used in granting the credits.
108 (d) Require compliance with state and federal laws that
109 require annual reporting of crime statistics. Each institution
110 shall make the report available to the public.
111
112 The commission may adopt rules to ensure that institutions
113 licensed under this section meet these standards in ways that
114 are appropriate to achieve the stated intent of this chapter,
115 including provisions for nontraditional or distance education
116 programs and delivery.
117 (16) The commission shall maintain on its website a current
118 list of the institutions that are licensed under this section
119 and that hold accreditation. The list must specify the
120 accrediting entity and whether such entity is recognized by the
121 United States Department of Education as a reliable authority as
122 to the quality of postsecondary education within the meaning of
123 the Higher Education Act of 1965, as amended. The Department of
124 Education and the Office of the Attorney General shall maintain
125 a link to the commission’s list on their respective websites.
126 Section 3. Subsection (1) of section 1005.38, Florida
127 Statutes, is amended, to read:
128 1005.38 Actions against a licensee and other penalties.—
129 (1) The commission may deny, place on probation, or revoke
130 any provisional license, annual license, license by means of
131 accreditation, agent’s license, or other authorization required
132 by this chapter. The commission shall revoke the license or
133 other required authorization of an institution that fails to
134 become or remain accredited as required under s. 1005.31(2). The
135 commission shall adopt rules for taking these actions. The
136 commission may impose an administrative fine of not more than
137 $5,000 if an institution is on probation for a period under
138 conditions that require oversight by the commission or its
139 staff. The fine shall be deposited into the Institutional
140 Assessment Trust Fund.
141 Section 4. Subsection (10) of section 744.1083, Florida
142 Statutes, is amended to read:
143 744.1083 Professional guardian registration.—
144 (10) A state college or university or an independent
145 college or university that is located and chartered in Florida,
146 that is accredited by the Commission on Colleges of the Southern
147 Association of Colleges and Schools or the Accrediting Council
148 for Independent Colleges and Schools, and that confers degrees
149 as defined in s. 1005.02(7) may, but is not required to,
150 register as a professional guardian under this section. If a
151 state college or university or independent college or university
152 elects to register as a professional guardian under this
153 subsection, the requirements of subsections (3) and (4) do not
154 apply and the registration must include only the name, address,
155 and employer identification number of the registrant.
156 Section 5. This act shall take effect July 1, 2011.