The Florida Senate

¹246.041  Powers and duties of board.--

(1)  The board shall:

(a)  Hold meetings as necessary to administer the provisions of ss. 246.011-246.151.

(b)  Select annually a chairperson and a vice chairperson.

(c)  Adopt and use an official seal in the authentication of its acts.

(d)  Make rules for its own governance.

(e)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it.

(f)  Authorize an individual, or a designated group of individuals, to represent one or more nonpublic colleges in appearances before the board on official matters if each college agrees formally to designate the individual or group of individuals to represent it.

(g)  Administer ss. 246.011-246.151.

(h)  Appoint, on the recommendation of its chairperson, executives, deputies, clerks, and employees of the board.

(i)  Maintain a record of its proceedings.

(j)  Cooperate with other state and federal agencies in administering the provisions of ss. 246.011-246.151.

(k)  Prepare an annual budget.

(l)  Transmit all fees, donations, or other receipts of money through the Department of Education to be deposited in the Institutional Assessment Trust Fund created by s. 246.31.

(m)  Transmit to the Governor, the Speaker of the House of Representatives, and the President of the Senate an annual report which shall include, but not be limited to:

1.  An accounting of all funds received and expended.

2.  The number of complaints received, the number of complaints investigated by the board, and the number of complaints forwarded to the appropriate accrediting agency for action, by college and type of complaint. The report shall include a summary of the actions taken by the accrediting agency following receipt of the complaint.

3.  The number of findings of probable cause.

4.  A description of disciplinary actions taken, by statutory classification.

5.  A description of all administrative hearings and court actions.

6.  A description of the board's major activities during the previous year.

(n)  Serve as a central agency for collecting and distributing current information regarding colleges licensed by the board and colleges granted a certificate of exemption by the board.

1.  The board shall annually collect information relating to the college administration, calendar system, admissions requirements, student costs and financial obligations, financial aid information, refund policy, placement services, degree programs, and off-campus academic programs. To the extent that such information is available in the institution's current catalog, a copy of the catalog accompanied by an index indicating where the information may be found shall be sufficient to demonstrate compliance with this provision. Financial information of a strictly proprietary, commercial nature is excluded from this requirement.

2.  The board shall annually collect information on students, faculty, and degrees awarded. To the extent that data submitted to the Federal Government for compilation into the Integrated Postsecondary Education Data System (IPEDS) provide the information required pursuant to this paragraph, submission to the board of copies of such reports shall be sufficient to demonstrate compliance with this provision.

3.  The board shall collect annually from each college a descriptive inventory of consumer practices including:

a.  A description of the college's policies and procedures regarding the recruitment and admission of students.

b.  The sources and kinds of student financial assistance available, and the specific manner by which students are informed of their responsibilities with respect to receiving assistance and repaying loans.

c.  The placement assistance provided by the college, including any claims concerning job placement rates.

d.  All advertising issued on behalf of the college, including copies of all published items.

e.  A copy of the college's refund policy. Such refund policy shall provide students with a minimum of 3 working days from the date a student signs an enrollment contract or financial agreement with a college for the student to cancel the contract and receive a full refund of any tuition or registration fees paid. This provision of the refund policy shall be prominently displayed on the contract form. The refund policy shall also provide for a full refund of tuition and registration fees paid by the student prior to the commencement of instruction if the student submits a written request to the institution within 3 working days of the payment.

f.  Evidence that the college has provided students with a clear and specific statement regarding the transferability of credits to and from other colleges.

To the extent that such information is available in the institution's current catalog, a copy of the catalog accompanied by an index indicating where the information may be found shall be sufficient to demonstrate compliance with this provision.

4.  The board shall annually provide to each college the format, definitions, and instructions for submitting the required information.

5.  Each college shall include with the information submitted a letter of certification, signed by its chief administrative officer, affirming that the information submitted is accurate, that the policies reported are provided in writing to all prospective students at least 1 week prior to enrollment or collection of tuition fees, and that the college observes the policies and practices as reported to the board.

6.  The board shall include a summary of the information collected in the annual report to the Governor, the Speaker of the House of Representatives, and the President of the Senate. This information may also be used by the Department of Education for such purposes as statewide master planning, state financial aid programs, and publishing directories; by the Legislature; and to respond to consumer inquiries received by the board.

7.  If a college fails to provide the information required by the board under this paragraph, the board may impose a fine for every month the information is not made available. Repeated failure to supply the information required by this paragraph or to pay the fines imposed by the board may result in the revocation of the license or certificate of exemption. The board shall adopt rules for these actions.

(o)  Advise nonpublic colleges of policies adopted by the Legislature and of their responsibility to follow such policies.

(p)  Forward complaints against colleges which hold a certificate of exemption by virtue of accreditation to the college and appropriate accrediting agency for action. The board shall request that the college and accrediting agency inform the board of any and all actions taken in response to the complaint.

(q)  To ensure comparability with licensure standards, review at least biennially the accreditation standards of agencies listed in s. 246.085(1)(a), and upon request and payment of an initial review fee, other accrediting agencies recognized by the United States Department of Education.

(r)  Provide information and documentation on an annual basis to the Office of Student Financial Assistance of the Department of Education regarding the requirements set forth for nonpublic colleges in s. 240.605, relating to William L. Boyd, IV, Florida resident access grants, and s. 240.609, relating to Florida postsecondary endowment grants.

(s)  Cooperate with the Board of Regents and the Department of Education, pursuant to s. 240.53, in establishing one or more approved postdoctoral training programs to train currently employed college or university faculty to deliver postsecondary courses, inservice training programs, and technical assistance related to middle childhood education programs.

(t)  Provide annually to the Office of Student Financial Assistance of the Department of Education information and documentation which can be used in determining a college's eligibility to participate in state student financial assistance programs.

(u)  Coordinate and convey annual reports to the Commissioner of Education relating to campus crime statistics for nonpublic colleges, pursuant to s. 240.2683, and on the assessment of physical plant safety, pursuant to s. 240.2684.

(v)  Appoint two representatives to the board of directors of the Florida Education Fund, pursuant to s. 240.498.

(w)  Affirm, on an annual basis, that all nonpublic colleges whose students are eligible to receive state student financial assistance have adopted and implemented a written antihazing policy, pursuant to s. 240.1325.

(2)  The board may:

(a)  Sue or be sued.

(b)  Enter into contracts with the Federal Government, with other departments of the state, or with individuals.

(c)  Receive bequests and gifts, subject to any restrictions upon which the board and the donor agree.

(d)  Appoint standing committees to assist it in developing rules; in determining the qualifications required of a college endeavor; in evaluating applications for temporary, provisional, or regular licensure, certificates of exemption, or requests for authorization; in evaluating reports submitted by colleges; or in legislative or other matters. Special committees may be appointed to advise the board or to conduct onsite evaluation visits at colleges.

(e)  Advise the Governor, the Legislature, the State Board of Education, the Postsecondary Education Planning Commission, and the Commissioner of Education on issues relating to private postsecondary education.

(f)  Delegate to the chairperson of the board the responsibility for signing final orders.

(g)  Following evaluation by the board, recommend to the Legislature any changes to the accrediting associations included in s. 246.085(1)(a). Accrediting associations included in s. 246.085(1)(a) shall be United States Department of Education recognized accrediting associations whose standards are comparable with state licensing standards.

(h)  Assist nonpublic colleges in formulating articulation agreements with public colleges and universities.

History.--s. 4, ch. 71-128; s. 4, ch. 72-203; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 6, 16, ch. 79-385; ss. 2, 3, ch. 81-318; ss. 5, 23, 24, ch. 82-203; s. 5, ch. 87-248; s. 5, ch. 89-344; ss. 60, 74, ch. 91-105; ss. 5, 19, 20, ch. 92-321; s. 2, ch. 93-98; s. 34, ch. 94-230; s. 19, ch. 94-310; s. 20, ch. 95-392; s. 39, ch. 98-200; s. 8, ch. 98-309; s. 29, ch. 99-13; s. 12, ch. 2000-240; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.