HB 925

1
A bill to be entitled
2An act relating to faith-based postsecondary
3institutions; creating s. 1002.47, F.S.; authorizing a
4faith-based postsecondary education institution to
5operate without obtaining a license if it submits an
6affidavit of statutory compliance oversight to the
7Office of Independent Education and Parental Choice
8within the Department of Education by a specified date
9each year; providing an exception; authorizing a new
10institution to submit its initial affidavit any time
11during the year; requiring that the Office of
12Independent Education and Parental Choice or its
13contracted agent publish the affidavit form and a list
14of all faith-based postsecondary education
15institutions that have submitted the affidavit on its
16Internet website; requiring that the office issue a
17letter of acknowledgement; authorizing an institution
18to enter into a contract with or designate an
19education association, certification agency, or an
20individual agent to submit the affidavit; providing
21prerequisites for entering a degree program at a
22faith-based postsecondary education institution;
23providing an exception if the institution has a
24written ability-to-benefit admissions policy;
25providing minimum credit hour requirements for certain
26degrees; providing that if an institution offers a
27distance learning program, it must make the program
28available to certain students; requiring that each
29institution include a disclaimer on its publications
30and Internet website if the institution is accredited
31by an agency that is not recognized by the United
32States Department of Education; requiring that any
33license issued by a faith-based postsecondary
34education institution for the purpose of counseling,
35preaching, or teaching include a disclaimer stating
36that the license is ecclesiastical and not state-
37issued or government-issued; requiring that each
38institution adopt certain policies regarding
39nondiscrimination, transferability of credits, and
40refunds; requiring that the Attorney General
41investigate any complaint filed against an institution
42and require the institution to comply with the law or
43prohibit the institution from operating in the state;
44amending ss. 1005.03 and 1005.04, F.S.; conforming
45cross-references to changes made by the act; amending
46s. 1005.06, F.S.; deleting provisions that authorize a
47religious college to operate without governmental
48oversight under certain circumstances; amending s.
491005.21, F.S., relating to the Commission for
50Independent Education; conforming terminology and a
51cross-reference; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Section 1002.47, Florida Statutes, is created
56to read:
57     1002.47  Faith-based postsecondary education institutions.-
58     (1)  A faith-based postsecondary education institution may
59operate without obtaining a license if the institution submits a
60sworn or affirmed affidavit of statutory compliance oversight to
61the Office of Independent Education and Parental Choice within
62the Department of Education by April 1 of each calendar year.
63However, the institution must apply for a license to operate if
64any student attending the institution is a Florida resident who
65receives state or federal financial aid for education, excluding
66students who receive compensation or pension benefits from the
67Veterans Administration. A new institution may submit its
68initial affidavit any time during the year, except that
69subsequent affidavits must be submitted by April 1 of each
70calendar year.
71     (2)  The Office of Independent Education and Parental
72Choice or its contracted agent shall:
73     (a)  Publish on its Internet website the affidavit form and
74a list of all faith-based postsecondary education institutions
75that have submitted affidavits as required by this section.
76     (b)  Issue a letter of acknowledgement to an institution
77that has submitted an affidavit which states the following:
78
79
LETTER OF ACKNOWLEDGEMENT
80The Office of Independent Education and Parental
81Choice within the Department of Education has received
82your sworn or affirmed affidavit of statutory
83compliance oversight which indicates your commitment
84to the minimum standards set forth in s. 1002.47,
85Florida Statutes. Your institution's name will be
86published on the office's Internet website.
87     (3)  A faith-based postsecondary education institution may
88enter into a contract with and may designate an education
89association located in the state or a certification agency that
90verifies compliance with statutory oversight statutes, or an
91individual agent may submit an affidavit of statutory compliance
92oversight.
93     (4)  As a prerequisite for entering an associate of arts,
94associate of science, bachelor of arts, or bachelor of science
95degree program at a faith-based postsecondary education
96institution, a student must hold a high school diploma or high
97school equivalency diploma, unless the institution has a written
98ability-to-benefit admissions policy exempting the student from
99the prerequisite.
100     (5)  One contact hour equals 50 minutes of scheduled
101instruction by a professor during an institution-approved class
102session or live streaming via Skype or a similar mode of
103instruction. One semester credit hour of study equals 15
104academic hours or its equivalent and one-quarter credit hour of
105study equals 10 academic hours or its equivalent.
106     (6)(a)  The minimum credit hours for college or university
107degrees are as follows:
108     1.  For an associate degree, 60 semester hours or 90
109quarter hours.
110     2.  For a graduate of theology degree, 90 semester hours or
111135 quarter hours.
112     3.  For a bachelor's degree, 120 semester hours or 180
113quarter hours.
114     4.  For a master's degree, 30 semester hours or 45 quarter
115hours above the minimum credit hours required for a bachelor's
116degree, including a research thesis or project of 6 additional
117semester hours or 9 quarter hours.
118     5.  For a doctorate degree, 30 semester hours or 45 quarter
119hours above the credit hours required for a master's degree,
120including a stringent research dissertation of 6 or more
121additional semester hours or 9 or more quarter hours.
122     (b)  The degree programs offered by a faith-based
123postsecondary education institution under subparagraphs (a)1.,
1242., and 3. must include liberal arts and general education
125courses that include humanities or fine arts, social and
126behavioral sciences, English or communications, history,
127philosophy, science or mathematics, and computer literacy when a
128student lacks computer proficiency.
129     (c)  An institution offering college and university degree
130titles under subparagraphs (a)1.-5. which use the word "in"
131instead of "of," such as "Associate in Bible," "Bachelor's in
132Theology," or "Master's in Pastoral Studies," without the terms
133"Arts," "Science," or "Doctor in Biblical Studies," and degrees
134without the terms "Philosophy," "Theology," or "Education," are
135not required to include the liberal arts or general education
136course requirements under paragraph (b) and may not use the
137seminary degree titles listed under paragraph (7)(b).
138     (7)(a)  The minimum credit hours for seminary graduate
139degrees are as follows:
140     1.  For a seminary master's degree, 60 to 90 or more
141semester hours or 90 to 120 or more quarter hours, including a
142research thesis or project, above the minimum credit hours for a
143prerequisite bachelor's degree.
144     2.  For a seminary doctorate degree, 60 to 90 or more
145semester hours or 90 to 120 or more quarter hours, including a
146stringent research dissertation or project, above the minimum
147credit hours for a seminary master's degree.
148     (b)  The titles of traditional seminary graduate degrees
149are:
150     1.  Master of Divinity;
151     2.  Master of Religious Education;
152     3.  Master of Arts in Counseling, Pastoral Studies,
153Religion, Religious Education;
154     4.  Master of Sacred Music;
155     5.  Master of Church Music;
156     6.  Master of Theological Studies;
157     7.  Master of Theology;
158     8.  Master of Sacred Theology;
159     9.  Doctor of Ministry;
160     10.  Doctor of Missiology;
161     11.  Doctor of Education;
162     12.  Doctor of Musical Arts;
163     13.  Doctor of Philosophy; and
164     14.  Doctor of Theology.
165     (8)  If a faith-based postsecondary education institution
166offers a distance learning program, it must make the program
167available to students who require a nontraditional classroom-
168based education, including digital learning or any type of
169learning that is facilitated by technology. The institution
170shall evaluate and approve all instructional materials provided
171to the students through various modalities, along with
172structured units of information, assigned exercises for
173practice, and examinations to measure achievement. The academic
174year for distance learning may be continuous throughout the
175calendar year.
176     (9)  A faith-based postsecondary education institution
177shall include a disclaimer on its publications and Internet
178website if the institution is accredited by an agency that is
179not recognized by the United States Department of Education.
180     (10)  Any license issued by an institution under this
181section for the purpose of counseling, preaching, or teaching
182must include a disclaimer stating that the license is an
183ecclesiastical license and not a state-issued or government-
184issued license.
185     (11)  Each institution shall have a:
186     (a)  Nondiscrimination policy stating that it accepts
187single male and female students or married male and female
188students without respect to age, color, race, or national
189origin.
190     (b)  Clear and specific policy regarding the
191transferability of credits to and from other postsecondary
192education institutions.
193     (c)  Written refund policy stating that an enrolled student
194may receive a full refund of paid tuition only if the student
195notifies the institution within 5 business days after the date
196upon which the first payment receipt is issued by the
197institution. All other fees and charges must be listed as
198nonrefundable.
199     (12)  If a complaint is filed against any faith-based
200postsecondary education institution for failure to comply with
201this section, the Attorney General shall investigate the
202complaint and require that the institution comply with the
203affidavit of statutory compliance oversight or prohibit the
204institution from operating in the state.
205     Section 2.  Paragraph (e) of subsection (1) of section
2061005.03, Florida Statutes, is amended to read:
207     1005.03  Designation "college" or "university".-
208     (1)  The use of the designation "college" or "university"
209in combination with any series of letters, numbers, or words is
210restricted in this state to colleges or universities as defined
211in s. 1005.02 that offer degrees as defined in s. 1005.02 and
212fall into at least one of the following categories:
213     (e)  A college that meets the description of either s.
2141005.06(1)(e) or (f).
215     Section 3.  Subsection (1) of section 1005.04, Florida
216Statutes, is amended to read:
217     1005.04  Fair consumer practices.-
218     (1)  Every institution that is under the jurisdiction of
219the commission or is exempt from the jurisdiction or purview of
220the commission pursuant to s. 1005.06(1)(c) or (f) and that
221either directly or indirectly solicits for enrollment any
222student shall:
223     (a)  Disclose to each prospective student a statement of
224the purpose of the such institution, its educational programs
225and curricula, a description of its physical facilities, its
226status regarding licensure, its fee schedule and policies
227regarding retaining student fees if a student withdraws, and a
228statement regarding the transferability of credits to and from
229other institutions. The institution shall make the required
230disclosures in writing at least 1 week prior to enrollment or
231collection of any tuition from the prospective student. The
232required disclosures may be made in the institution's current
233catalog;
234     (b)  Use a reliable method to assess, before accepting a
235student into a program, the student's ability to complete
236successfully the course of study for which he or she has
237applied;
238     (c)  Inform each student accurately about financial
239assistance and obligations for repayment of loans; describe any
240employment placement services provided and the limitations
241thereof; and refrain from promising or implying guaranteed
242placement, market availability, or salary amounts;
243     (d)  Provide to prospective and enrolled students accurate
244information regarding the relationship of its programs to state
245licensure requirements for practicing related occupations and
246professions in Florida;
247     (e)  Ensure that all advertisements are accurate and not
248misleading;
249     (f)  Publish and follow an equitable prorated refund policy
250for all students, and follow both the federal refund guidelines
251for students receiving federal financial assistance and the
252minimum refund guidelines set by commission rule;
253     (g)  Follow the requirements of state and federal laws that
254require annual reporting with respect to crime statistics and
255physical plant safety and make those reports available to the
256public; and
257     (h)  Publish and follow procedures for handling student
258complaints, disciplinary actions, and appeals.
259     Section 4.  Subsection (1) of section 1005.06, Florida
260Statutes, is amended to read:
261     1005.06  Institutions not under the jurisdiction or purview
262of the commission.-
263     (1)  Except as otherwise provided in law, the following
264institutions are not under the jurisdiction or purview of the
265commission and are not required to obtain licensure:
266     (a)  Any postsecondary educational institution provided,
267operated, or supported by this state, its political
268subdivisions, or the Federal Government.
269     (b)  Any college, school, or course licensed or approved
270for establishment and operation under part I of chapter 464,
271chapter 466, or chapter 475, or any other chapter of the Florida
272Statutes requiring licensing or approval as defined in this
273chapter.
274     (c)  Any institution that is under the jurisdiction of the
275Department of Education, eligible to participate in the William
276L. Boyd, IV, Florida Resident Access Grant Program and that is a
277nonprofit independent college or university located and
278chartered in this state and accredited by the Commission on
279Colleges of the Southern Association of Colleges and Schools to
280grant baccalaureate degrees.
281     (d)  Any institution that offers only avocational programs
282or courses, examination preparation programs or courses,
283contract training programs or courses, continuing education, or
284professional development programs or courses.
285     (e)  Any institution that was exempt from licensure in 2001
286under s. 246.085(1)(b), Florida Statutes 2001, as long as it
287maintains these qualifying criteria: the institution is
288incorporated in this state, the institution's credits or degrees
289are accepted for credit by at least three colleges that are
290fully accredited by an agency recognized by the United States
291Department of Education, the institution was exempt under that
292category prior to July 1, 1982, and the institution does not
293enroll any students who receive state or federal financial aid
294for education. Such an institution shall notify the commission
295and apply for licensure if it no longer meets these criteria.
296     (f)  A religious college may operate without governmental
297oversight if the college annually verifies by sworn affidavit to
298the commission that:
299     1.  The name of the institution includes a religious
300modifier or the name of a religious patriarch, saint, person, or
301symbol of the church.
302     2.  The institution offers only educational programs that
303prepare students for religious vocations as ministers,
304professionals, or laypersons in the categories of ministry,
305counseling, theology, education, administration, music, fine
306arts, media communications, or social work.
307     3.  The titles of degrees issued by the institution cannot
308be confused with secular degree titles. For this purpose, each
309degree title must include a religious modifier that immediately
310precedes, or is included within, any of the following degrees:
311Associate of Arts, Associate of Science, Bachelor of Arts,
312Bachelor of Science, Master of Arts, Master of Science, Doctor
313of Philosophy, and Doctor of Education. The religious modifier
314must be placed on the title line of the degree, on the
315transcript, and whenever the title of the degree appears in
316official school documents or publications.
317     4.  The duration of all degree programs offered by the
318institution is consistent with the standards of the commission.
319     5.  The institution's consumer practices are consistent
320with those required by s. 1005.04.
321
322The commission may provide such a religious institution a letter
323stating that the institution has met the requirements of state
324law and is not subject to governmental oversight.
325     (f)(g)  Any institution that is regulated by the Federal
326Aviation Administration, another agency of the Federal
327Government, or an agency of the state whose regulatory laws are
328similar in nature and purpose to those of the commission and
329require minimum educational standards, for at least curriculum,
330instructors, and academic progress and provide protection
331against fraudulent, deceptive, and substandard education
332practices.
333     Section 5.  Subsection (2) of section 1005.21, Florida
334Statutes, is amended to read:
335     1005.21  Commission for Independent Education.-
336     (2)  The Commission for Independent Education shall consist
337of seven members who are residents of this state. The commission
338shall function in matters concerning independent postsecondary
339educational institutions in consumer protection, program
340improvement, and licensure for institutions under its purview.
341The Governor shall appoint the members of the commission who are
342subject to confirmation by the Senate. The membership of the
343commission shall consist of:
344     (a)  Two representatives of independent colleges or
345universities licensed by the commission.
346     (b)  Two representatives of independent, nondegree-granting
347schools licensed by the commission.
348     (c)  One member from a public school district or Florida
349College System institution who is an administrator of career
350education.
351     (d)  One representative of a faith-based postsecondary
352institution college that meets the criteria under of s.
3531005.21(2)(a) 1005.06(1)(f).
354     (e)  One lay member who is not affiliated with an
355independent postsecondary educational institution.
356     Section 6.  This act shall take effect July 1, 2012.
357


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