Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 260
       
       
       
       
       
       
                                Barcode 476460                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2011           .                                
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       The Committee on Higher Education (Siplin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (1) through (16) of section
    6  1005.02, Florida Statutes, are redesignated as subsections (2)
    7  through (17), respectively, and a new subsection (1) is added to
    8  that section, to read:
    9         1005.02 Definitions.—As used in this chapter, the term:
   10         (1) “Academic degree” means a degree titled as an
   11  associate, bachelor’s, master’s, or doctoral degree. The term
   12  does not include an occupational associate degree.
   13         Section 2. Section 1005.04, Florida Statutes, is amended to
   14  read:
   15         1005.04 Fair consumer practices.—
   16         (1) Every institution that is under the jurisdiction of the
   17  commission or is exempt from the jurisdiction or purview of the
   18  commission pursuant to s. 1005.06(1)(c) or (f) and that either
   19  directly or indirectly solicits for enrollment any student
   20  shall:
   21         (a) Disclose to each prospective student a statement of the
   22  purpose of such institution, its educational programs and
   23  curricula, a description of its physical facilities, its status
   24  regarding licensure and accreditation, its fee schedule and
   25  policies regarding retaining student fees if a student
   26  withdraws, and a statement regarding the transferability of
   27  credits to and from other institutions. The institution shall
   28  make the required disclosures in writing at least 1 week prior
   29  to enrollment or collection of any tuition from the prospective
   30  student. The required disclosures may be made in the
   31  institution’s current catalog;
   32         (b) Use a reliable method to assess, before accepting a
   33  student into a program, the student’s ability to complete
   34  successfully the course of study for which he or she has
   35  applied;
   36         (c) Inform each student accurately about financial
   37  assistance and obligations for repayment of loans; describe any
   38  employment placement services provided and the limitations
   39  thereof; and refrain from promising or implying guaranteed
   40  placement, market availability, or salary amounts;
   41         (d) Provide to prospective and enrolled students accurate
   42  information regarding the relationship of its programs to state
   43  licensure requirements for practicing related occupations and
   44  professions in Florida;
   45         (e) Ensure that all advertisements are accurate and not
   46  misleading;
   47         (f) Publish and follow an equitable prorated refund policy
   48  for all students, and follow both the federal refund guidelines
   49  for students receiving federal financial assistance and the
   50  minimum refund guidelines set by commission rule;
   51         (g) Follow the requirements of state and federal laws that
   52  require annual reporting with respect to crime statistics and
   53  physical plant safety and make those reports available to the
   54  public; and
   55         (h) Publish and follow procedures for handling student
   56  complaints, disciplinary actions, and appeals.
   57         (2) In addition, Institutions that are required to be
   58  licensed by the commission shall disclose to prospective
   59  students that additional information regarding the institution
   60  may be obtained by contacting the Commission for Independent
   61  Education, Department of Education, Tallahassee.
   62         (3) A licensed institution offering academic degrees,
   63  degrees, or diplomas may not advertise or represent that it is
   64  accredited or include the words “accredited” or “accreditation”
   65  in its catalogs, brochures, website, advertisements,
   66  publications, or other promotional materials that are provided
   67  to, or accessible by, prospective students unless the
   68  accrediting agency referenced is an accrediting agency
   69  recognized by the United States Department of Education.
   70         (4) A licensed institution that offers academic degrees and
   71  is not accredited by an accrediting agency recognized by the
   72  United States Department of Education shall provide a written
   73  disclosure to prospective students, before enrollment, in
   74  substantially the following form. The form of the written
   75  disclosure shall be submitted to the commission for approval
   76  before initial, provisional, or annual licensure and shall be
   77  made in large bold type, all capital letters, and maintained
   78  separate from other required disclosures. Prospective students
   79  shall be required to sign a copy of the form, acknowledging
   80  receipt of the written disclosure. The disclosure shall state:
   81  
   82         (NAME OF INSTITUTION) IS NOT ACCREDITED BY AN
   83         ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES
   84         DEPARTMENT OF EDUCATION. AS A PROSPECTIVE STUDENT, YOU
   85         ARE ENTITLED TO RECEIVE A CATALOG AND PROGRAM
   86         DESCRIPTIONS FOR EACH PROGRAM OFFERED BY THIS
   87         INSTITUTION. IT IS YOUR OBLIGATION TO CAREFULLY REVIEW
   88         THE INSTITUTIONAL CATALOG AND ALL OTHER MATERIALS
   89         REGARDING A PROGRAM BEING OFFERED, INCLUDING THE
   90         OCCUPATIONAL OBJECTIVES OF THE PROGRAM, PRIOR TO
   91         ENROLLING IN THE INSTITUTION.
   92         Section 3. Paragraph (b) of subsection (1) and subsection
   93  (2) of section 1005.31, Florida Statutes, are amended, and
   94  subsection (16) is added to that section, to read:
   95         1005.31 Licensure of institutions.—
   96         (1)
   97         (b) After licensure, each licensee shall notify is solely
   98  responsible for notifying the commission in writing of:
   99         1. Any change in the licensee’s accreditation status.
  100         2. The licensee’s current mailing address and the location
  101  of the institution. A licensee’s failure to notify the
  102  commission of a change of address constitutes a violation of
  103  this paragraph, and the licensee may be disciplined by the
  104  commission. Notwithstanding any other provision of law, service
  105  by regular mail to a licensee’s last known address of record
  106  with the commission is constitutes adequate and sufficient
  107  notice to the licensee for any official communication to the
  108  licensee by the commission.
  109         (2) The commission shall develop minimum standards by which
  110  to evaluate institutions for licensure. These standards must
  111  address include at least the institution’s name, financial
  112  stability, purpose, administrative organization, admissions and
  113  recruitment, educational programs and curricula, retention,
  114  completion, career placement, faculty, learning resources,
  115  student personnel services, physical plant and facilities,
  116  publications, and disclosure statements about the status of the
  117  institution with respect to professional certification,
  118  accreditation, and licensure. The commission may adopt rules to
  119  ensure that institutions licensed under this section meet these
  120  standards in ways that are appropriate to achieve the stated
  121  intent of this chapter, including provisions for nontraditional
  122  or distance education programs and delivery. An institution
  123  offering postsecondary education through correspondence or
  124  distance learning courses to students in the state must be
  125  licensed by the commission whether or not the institution is
  126  physically located in the state, unless the institution is not
  127  under the commission’s jurisdiction or purview pursuant to s.
  128  1005.06.
  129         (16) The commission shall maintain on its website a current
  130  list of the institutions that are licensed under this section
  131  and hold accreditation. The list must specify the accrediting
  132  entity and whether the entity is recognized by the United States
  133  Department of Education as a reliable authority as to the
  134  quality of postsecondary education within the meaning of the
  135  Higher Education Act of 1965, as amended. The commission shall
  136  also maintain on its website a list of the institutions located
  137  in the state which maintain or advertise themselves as being
  138  accredited by an agency that is not recognized by the United
  139  States Department of Education.
  140         Section 4. Subsection (10) of section 744.1083, Florida
  141  Statutes, is amended to read:
  142         744.1083 Professional guardian registration.—
  143         (10) A state college or university or an independent
  144  college or university that is located and chartered in Florida,
  145  that is accredited by the Commission on Colleges of the Southern
  146  Association of Colleges and Schools or the Accrediting Council
  147  for Independent Colleges and Schools, and that confers degrees
  148  as defined in s. 1005.02 1005.02(7) may, but is not required to,
  149  register as a professional guardian under this section. If a
  150  state college or university or independent college or university
  151  elects to register as a professional guardian under this
  152  subsection, the requirements of subsections (3) and (4) do not
  153  apply and the registration must include only the name, address,
  154  and employer identification number of the registrant.
  155         Section 5. This act shall take effect July 1, 2011.
  156  
  157  ================= T I T L E A M E N D M E N T ================
  158         And the title is amended as follows:
  159         Delete everything before the enacting clause
  160  and insert:
  161                        A bill to be entitled                      
  162         An act relating to nonpublic postsecondary educational
  163         institutions; amending s. 1005.02, F.S.; defining the
  164         term “academic degree”; amending s. 1005.04, F.S.;
  165         requiring disclosure of institution accreditation
  166         status to prospective students; providing restrictions
  167         relating to advertising by licensed institutions;
  168         requiring that institutions that do not have certain
  169         accreditation provide written disclosure; providing a
  170         form for such disclosure; amending s. 1005.31, F.S.;
  171         requiring that a licensed independent postsecondary
  172         educational institution notify the Commission for
  173         Independent Education of changes in its accreditation
  174         status; revising criteria concerning the standards by
  175         which the commission evaluates institutions for
  176         licensure; requiring the licensure of certain
  177         institutions offering postsecondary education through
  178         correspondence or distance learning courses; requiring
  179         that the commission maintain lists on its website
  180         concerning the accreditation of institutions licensed
  181         by the commission; amending s. 744.1083, F.S.;
  182         conforming a cross-reference; providing an effective
  183         date.