Florida Senate - 2012 SB 828
By Senator Wise
5-00481A-12 2012828__
1 A bill to be entitled
2 An act relating to faith-based postsecondary
3 institutions; creating s. 1002.47, F.S.; authorizing a
4 faith-based postsecondary education institution to
5 operate without obtaining a license if it submits an
6 affidavit of statutory compliance oversight to the
7 Office of Independent Education and Parental Choice
8 within the Department of Education by a specified date
9 each year; providing an exception; authorizing a new
10 institution to submit its initial affidavit any time
11 during the year; requiring that the Office of
12 Independent Education and Parental Choice or its
13 contracted agent publish the affidavit form and a list
14 of all faith-based postsecondary education
15 institutions that have submitted the affidavit on its
16 Internet website; requiring that the office issue a
17 letter of acknowledgement; authorizing an institution
18 to enter into a contract with or designate an
19 education association, certification agency, or an
20 individual agent to submit the affidavit; providing
21 prerequisites for entering a degree program at a
22 faith-based postsecondary education institution;
23 providing an exception if the institution has a
24 written ability-to-benefit admissions policy;
25 providing minimum credit hour requirements for certain
26 degrees; providing that if an institution offers a
27 distance learning program, it must make the program
28 available to certain students; requiring that each
29 institution include a disclaimer on its publications
30 and Internet website if the institution is accredited
31 by an agency that is not recognized by the United
32 States Department of Education; requiring that any
33 license issued by a faith-based postsecondary
34 education institution for the purpose of counseling,
35 preaching, or teaching include a disclaimer stating
36 that the license is ecclesiastical and not state
37 issued or government-issued; requiring that each
38 institution adopt certain policies regarding
39 nondiscrimination, transferability of credits, and
40 refunds; requiring that the Attorney General
41 investigate any complaint filed against an institution
42 and require the institution to comply with the law or
43 prohibit the institution from operating in the state;
44 amending ss. 1005.03 and 1005.04, F.S.; conforming
45 cross-references to changes made by the act; amending
46 s. 1005.06, F.S.; deleting provisions that authorize a
47 religious college to operate without governmental
48 oversight under certain circumstances; amending s.
49 1005.21, F.S., relating to the Commission for
50 Independent Education; conforming terminology and a
51 cross-reference; providing an effective date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Section 1002.47, Florida Statutes, is created to
56 read:
57 1002.47 Faith-based postsecondary education institutions.—
58 (1) A faith-based postsecondary education institution may
59 operate without obtaining a license if the institution submits a
60 sworn or affirmed affidavit of statutory compliance oversight to
61 the Office of Independent Education and Parental Choice within
62 the Department of Education by April 1 of each calendar year.
63 However, the institution must apply for a license to operate if
64 any student attending the institution receives state or federal
65 financial aid for education, excluding students who receive
66 compensation or pension benefits from the Veterans
67 Administration and institutions that are accredited by an
68 accrediting agency recognized by the United States Department of
69 Education. A new institution may submit its initial affidavit
70 any time during the year, except that subsequent affidavits must
71 be submitted by April 1 of each calendar year.
72 (2) The Office of Independent Education and Parental Choice
73 or its contracted agent shall:
74 (a) Publish on its Internet website the affidavit form and
75 a list of all faith-based postsecondary education institutions
76 that have submitted affidavits as required by this section.
77 (b) Issue a letter of acknowledgement to an institution
78 that has submitted an affidavit which states the following:
79
80 LETTER OF ACKNOWLEDGEMENT
81 The Office of Independent Education and Parental
82 Choice within the Department of Education has received
83 your sworn or affirmed affidavit of statutory
84 compliance oversight which indicates your commitment
85 to the minimum standards set forth in s. 1002.47,
86 Florida Statutes. Your institution’s name will be
87 published on the office’s Internet website.
88 (3) A faith-based postsecondary education institution may
89 enter into a contract with and may designate an education
90 association located in the state or a certification agency that
91 verifies compliance with statutory oversight statutes, or an
92 individual agent may submit an affidavit of statutory compliance
93 oversight.
94 (4) As a prerequisite for entering an associate of arts,
95 associate of science, bachelor of arts, or bachelor of science
96 degree program at a faith-based postsecondary education
97 institution, a student must hold a high school diploma or high
98 school equivalency diploma, unless the institution has a written
99 ability-to-benefit admissions policy exempting the student from
100 the prerequisite.
101 (5) One contact hour equals 50 minutes of scheduled
102 instruction by a professor during an institution-approved class
103 session or live streaming via Skype or a similar mode of
104 instruction. One semester credit hour of study equals 15
105 academic hours or its equivalent and one-quarter credit hour of
106 study equals 10 academic hours or its equivalent.
107 (6)(a) The minimum credit hours for college or university
108 degrees are as follows:
109 1. For an associate degree, 60 semester hours or 90 quarter
110 hours.
111 2. For a graduate of theology degree, 90 semester hours or
112 135 quarter hours.
113 3. For a bachelor’s degree, 120 semester hours or 180
114 quarter hours.
115 4. For a master’s degree, 30 semester hours or 45 quarter
116 hours above the minimum credit hours required for a bachelor’s
117 degree, including a research thesis or project of 6 additional
118 semester hours or 9 quarter hours.
119 5. For a doctorate degree, 30 semester hours or 45 quarter
120 hours above the credit hours required for a master’s degree,
121 including a stringent research dissertation of 6 or more
122 additional semester hours or 9 or more quarter hours.
123 (b) The degree programs offered by a faith-based
124 postsecondary education institution under subparagraphs (a)1.,
125 2., and 3. must include liberal arts and general education
126 courses that include humanities or fine arts, social and
127 behavioral sciences, English or communications, history,
128 philosophy, science or mathematics, and computer literacy when a
129 student lacks computer proficiency.
130 (c) An institution offering college and university degree
131 titles under subparagraphs (a)1.-5. which use the word “in”
132 instead of “of,” such as “Associate in Bible,” “Bachelor’s in
133 Theology,” or “Master’s in Pastoral Studies,” without the terms
134 “Arts,” “Science,” or “Doctor in Biblical Studies,” and degrees
135 without the terms “Philosophy,” “Theology,” or “Education,” are
136 not required to include the liberal arts or general education
137 course requirements under paragraph (b) and may not use the
138 seminary degree titles listed under paragraph (7)(b).
139 (7)(a) The minimum credit hours for seminary graduate
140 degrees are as follows:
141 1. For a seminary master’s degree, 60 to 90 or more
142 semester hours or 90 to 120 or more quarter hours, including a
143 research thesis or project, above the minimum credit hours for a
144 prerequisite bachelor’s degree.
145 2. For a seminary doctorate degree, 60 to 90 or more
146 semester hours or 90 to 120 or more quarter hours, including a
147 stringent research dissertation or project, above the minimum
148 credit hours for a seminary master’s degree.
149 (b) The titles of traditional seminary graduate degrees
150 are:
151 1. Master of Divinity;
152 2. Master of Religious Education;
153 3. Master of Arts in Counseling, Pastoral Studies,
154 Religion, Religious Education;
155 4. Master of Sacred Music;
156 5. Master of Church Music;
157 6. Master of Theological Studies;
158 7. Master of Theology;
159 8. Master of Sacred Theology;
160 9. Doctor of Ministry;
161 10. Doctor of Missiology;
162 11. Doctor of Education;
163 12. Doctor of Musical Arts;
164 13. Doctor of Philosophy; and
165 14. Doctor of Theology.
166 (8) If a faith-based postsecondary education institution
167 offers a distance learning program, it must make the program
168 available to students who require a nontraditional classroom
169 based education, including digital learning or any type of
170 learning that is facilitated by technology. The institution
171 shall evaluate and approve all instructional materials provided
172 to the students through various modalities, along with
173 structured units of information, assigned exercises for
174 practice, and examinations to measure achievement. The academic
175 year for distance learning may be continuous throughout the
176 calendar year.
177 (9) A faith-based postsecondary education institution shall
178 include a disclaimer on its publications and Internet website if
179 the institution is accredited by an agency that is not
180 recognized by the United States Department of Education.
181 (10) Any license issued by an institution under this
182 section for the purpose of counseling, preaching, or teaching
183 must include a disclaimer stating that the license is an
184 ecclesiastical license and not a state-issued or government
185 issued license.
186 (11) Each institution shall have a:
187 (a) Nondiscrimination policy stating that it accepts single
188 male and female students or married male and female students
189 without respect to age, color, race, or national origin.
190 (b) Clear and specific policy regarding the transferability
191 of credits to and from other postsecondary education
192 institutions.
193 (c) Written refund policy stating that an enrolled student
194 may receive a full refund of paid tuition only if the student
195 notifies the institution within 5 business days after the date
196 upon which the first payment receipt is issued by the
197 institution. All other fees and charges must be listed as
198 nonrefundable.
199 (12) If a complaint is filed against any faith-based
200 postsecondary education institution for failure to comply with
201 this section, the Attorney General shall investigate the
202 complaint and require that the institution comply with the
203 affidavit of statutory compliance oversight or prohibit the
204 institution from operating in the state.
205 Section 2. Paragraph (e) of subsection (1) of section
206 1005.03, Florida Statutes, is amended to read:
207 1005.03 Designation “college” or “university”.—
208 (1) The use of the designation “college” or “university” in
209 combination with any series of letters, numbers, or words is
210 restricted in this state to colleges or universities as defined
211 in s. 1005.02 that offer degrees as defined in s. 1005.02 and
212 fall into at least one of the following categories:
213 (e) A college that meets the description of either s.
214 1005.06(1)(e) or (f).
215 Section 3. Subsection (1) of section 1005.04, Florida
216 Statutes, is amended to read:
217 1005.04 Fair consumer practices.—
218 (1) Every institution that is under the jurisdiction of the
219 commission or is exempt from the jurisdiction or purview of the
220 commission pursuant to s. 1005.06(1)(c) or (f) and that either
221 directly or indirectly solicits for enrollment any student
222 shall:
223 (a) Disclose to each prospective student a statement of the
224 purpose of the such institution, its educational programs and
225 curricula, a description of its physical facilities, its status
226 regarding licensure, its fee schedule and policies regarding
227 retaining student fees if a student withdraws, and a statement
228 regarding the transferability of credits to and from other
229 institutions. The institution shall make the required
230 disclosures in writing at least 1 week prior to enrollment or
231 collection of any tuition from the prospective student. The
232 required disclosures may be made in the institution’s current
233 catalog;
234 (b) Use a reliable method to assess, before accepting a
235 student into a program, the student’s ability to complete
236 successfully the course of study for which he or she has
237 applied;
238 (c) Inform each student accurately about financial
239 assistance and obligations for repayment of loans; describe any
240 employment placement services provided and the limitations
241 thereof; and refrain from promising or implying guaranteed
242 placement, market availability, or salary amounts;
243 (d) Provide to prospective and enrolled students accurate
244 information regarding the relationship of its programs to state
245 licensure requirements for practicing related occupations and
246 professions in Florida;
247 (e) Ensure that all advertisements are accurate and not
248 misleading;
249 (f) Publish and follow an equitable prorated refund policy
250 for all students, and follow both the federal refund guidelines
251 for students receiving federal financial assistance and the
252 minimum refund guidelines set by commission rule;
253 (g) Follow the requirements of state and federal laws that
254 require annual reporting with respect to crime statistics and
255 physical plant safety and make those reports available to the
256 public; and
257 (h) Publish and follow procedures for handling student
258 complaints, disciplinary actions, and appeals.
259 Section 4. Subsection (1) of section 1005.06, Florida
260 Statutes, is amended to read:
261 1005.06 Institutions not under the jurisdiction or purview
262 of the commission.—
263 (1) Except as otherwise provided in law, the following
264 institutions are not under the jurisdiction or purview of the
265 commission and are not required to obtain licensure:
266 (a) Any postsecondary educational institution provided,
267 operated, or supported by this state, its political
268 subdivisions, or the Federal Government.
269 (b) Any college, school, or course licensed or approved for
270 establishment and operation under part I of chapter 464, chapter
271 466, or chapter 475, or any other chapter of the Florida
272 Statutes requiring licensing or approval as defined in this
273 chapter.
274 (c) Any institution that is under the jurisdiction of the
275 Department of Education, eligible to participate in the William
276 L. Boyd, IV, Florida Resident Access Grant Program and that is a
277 nonprofit independent college or university located and
278 chartered in this state and accredited by the Commission on
279 Colleges of the Southern Association of Colleges and Schools to
280 grant baccalaureate degrees.
281 (d) Any institution that offers only avocational programs
282 or courses, examination preparation programs or courses,
283 contract training programs or courses, continuing education, or
284 professional development programs or courses.
285 (e) Any institution that was exempt from licensure in 2001
286 under s. 246.085(1)(b), Florida Statutes 2001, as long as it
287 maintains these qualifying criteria: the institution is
288 incorporated in this state, the institution’s credits or degrees
289 are accepted for credit by at least three colleges that are
290 fully accredited by an agency recognized by the United States
291 Department of Education, the institution was exempt under that
292 category prior to July 1, 1982, and the institution does not
293 enroll any students who receive state or federal financial aid
294 for education. Such an institution shall notify the commission
295 and apply for licensure if it no longer meets these criteria.
296 (f) A religious college may operate without governmental
297 oversight if the college annually verifies by sworn affidavit to
298 the commission that:
299 1. The name of the institution includes a religious
300 modifier or the name of a religious patriarch, saint, person, or
301 symbol of the church.
302 2. The institution offers only educational programs that
303 prepare students for religious vocations as ministers,
304 professionals, or laypersons in the categories of ministry,
305 counseling, theology, education, administration, music, fine
306 arts, media communications, or social work.
307 3. The titles of degrees issued by the institution cannot
308 be confused with secular degree titles. For this purpose, each
309 degree title must include a religious modifier that immediately
310 precedes, or is included within, any of the following degrees:
311 Associate of Arts, Associate of Science, Bachelor of Arts,
312 Bachelor of Science, Master of Arts, Master of Science, Doctor
313 of Philosophy, and Doctor of Education. The religious modifier
314 must be placed on the title line of the degree, on the
315 transcript, and whenever the title of the degree appears in
316 official school documents or publications.
317 4. The duration of all degree programs offered by the
318 institution is consistent with the standards of the commission.
319 5. The institution’s consumer practices are consistent with
320 those required by s. 1005.04.
321
322 The commission may provide such a religious institution a letter
323 stating that the institution has met the requirements of state
324 law and is not subject to governmental oversight.
325 (f)(g) Any institution that is regulated by the Federal
326 Aviation Administration, another agency of the Federal
327 Government, or an agency of the state whose regulatory laws are
328 similar in nature and purpose to those of the commission and
329 require minimum educational standards, for at least curriculum,
330 instructors, and academic progress and provide protection
331 against fraudulent, deceptive, and substandard education
332 practices.
333 Section 5. Subsection (2) of section 1005.21, Florida
334 Statutes, is amended to read:
335 1005.21 Commission for Independent Education.—
336 (2) The Commission for Independent Education shall consist
337 of seven members who are residents of this state. The commission
338 shall function in matters concerning independent postsecondary
339 educational institutions in consumer protection, program
340 improvement, and licensure for institutions under its purview.
341 The Governor shall appoint the members of the commission who are
342 subject to confirmation by the Senate. The membership of the
343 commission shall consist of:
344 (a) Two representatives of independent colleges or
345 universities licensed by the commission.
346 (b) Two representatives of independent, nondegree-granting
347 schools licensed by the commission.
348 (c) One member from a public school district or Florida
349 College System institution who is an administrator of career
350 education.
351 (d) One representative of a faith-based postsecondary
352 institution college that meets the criteria under of s.
353 1005.21(2)(a) 1005.06(1)(f).
354 (e) One lay member who is not affiliated with an
355 independent postsecondary educational institution.
356 Section 6. This act shall take effect July 1, 2012.