HB 875

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

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