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         1002.47Faith-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.