Florida Senate - 2016                                     SB 146
       
       
        
       By Senator Ring
       
       
       
       
       
       29-00059-16                                            2016146__
    1                        A bill to be entitled                      
    2         An act relating to federal student loan default rates;
    3         amending s. 1005.04, F.S.; requiring certain
    4         institutions to maintain a federal student loan cohort
    5         default rate below a specified percentage; providing
    6         that an institution is ineligible to receive certain
    7         grant payments or maintain a license, and remains
    8         ineligible, until the institution’s federal student
    9         loan cohort default rate falls below a specified
   10         percentage; requiring the Commission for Independent
   11         Education to revoke the license of an institution
   12         whose federal student loan cohort default rate exceeds
   13         the threshold percentage; defining such an
   14         institution’s period of ineligibility; amending s.
   15         1005.31, F.S.; revising the minimum standards the
   16         Commission for Independent Education must use to
   17         evaluate an institution for licensure to include the
   18         institution’s federal student loan cohort default
   19         rate; requiring the commission to deny a renewal
   20         license for an institution whose federal student loan
   21         cohort default rate exceeds a specified percentage;
   22         amending s. 1005.32, F.S.; revising the minimum
   23         criteria for an independent postsecondary educational
   24         institution to apply for a license by accreditation to
   25         include a maximum percentage for the institution’s
   26         federal student loan cohort default rate; amending s.
   27         1011.81, F.S.; requiring Florida College System
   28         institution performance funding for industry
   29         certifications to take into consideration an
   30         institution’s federal student loan cohort default
   31         rate; amending s. 1011.905, F.S.; requiring State
   32         University System institution performance funding
   33         calculations to take into consideration an
   34         institution’s federal student loan cohort default
   35         rate; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 1005.04, Florida Statutes, is amended to
   40  read:
   41         1005.04 Fair consumer practices; federal student loan
   42  default rates.—
   43         (1) Every institution that is under the jurisdiction of the
   44  commission or is exempt from the jurisdiction or purview of the
   45  commission pursuant to s. 1005.06(1)(c) or (f) and that either
   46  directly or indirectly solicits for enrollment any student
   47  shall:
   48         (a) Disclose to each prospective student a statement of the
   49  purpose of such institution, its educational programs and
   50  curricula, a description of its physical facilities, its status
   51  regarding licensure, its fee schedule and policies regarding
   52  retaining student fees if a student withdraws, and a statement
   53  regarding the transferability of credits to and from other
   54  institutions. The institution shall make the required
   55  disclosures in writing at least 1 week prior to enrollment or
   56  collection of any tuition from the prospective student. The
   57  required disclosures may be made in the institution’s current
   58  catalog;
   59         (b) Use a reliable method to assess, before accepting a
   60  student into a program, the student’s ability to complete
   61  successfully the course of study for which he or she has
   62  applied;
   63         (c) Inform each student accurately about financial
   64  assistance and obligations for repayment of loans; describe any
   65  employment placement services provided and the limitations
   66  thereof; and refrain from promising or implying guaranteed
   67  placement, market availability, or salary amounts;
   68         (d) Maintain a federal student loan cohort default rate,
   69  released during the fall of each academic year, below 30 percent
   70  for 3 consecutive years or at or below 40 percent for any given
   71  year. An institution eligible for a William L. Boyd, IV, Florida
   72  Resident Access Grant pursuant to s. 1009.89 and an institution
   73  eligible for an Access to Better Learning and Education Grant
   74  pursuant to s. 1009.891 whose federal student loan cohort
   75  default rate exceeds these rates shall be ineligible to receive
   76  payments from such grants for incoming students until the
   77  institution’s federal student loan cohort default rate falls
   78  below the threshold. The commission shall revoke the license of
   79  an institution under its jurisdiction whose federal student loan
   80  cohort default rate exceeds the threshold. The commission may
   81  not reinstate an institution’s license until the institution’s
   82  federal student loan cohort default rate falls below the
   83  threshold. An institution’s ineligibility to receive such funds
   84  or maintain a license is effective for the academic year
   85  following the fall disclosure of the federal student loan cohort
   86  default rate. The institution will remain ineligible for a
   87  minimum of 1 academic year until the institution’s federal
   88  student loan cohort default rate falls below the threshold;
   89         (e) Provide to prospective and enrolled students accurate
   90  information regarding the relationship of its programs to state
   91  licensure requirements for practicing related occupations and
   92  professions in Florida;
   93         (f)(e) Ensure that all advertisements are accurate and not
   94  misleading;
   95         (g)(f) Publish and follow an equitable prorated refund
   96  policy for all students, and follow both the federal refund
   97  guidelines for students receiving federal financial assistance
   98  and the minimum refund guidelines set by commission rule;
   99         (h)(g) Follow the requirements of state and federal laws
  100  that require annual reporting with respect to crime statistics
  101  and physical plant safety and make those reports available to
  102  the public; and
  103         (i)(h) Publish and follow procedures for handling student
  104  complaints, disciplinary actions, and appeals.
  105         (2) In addition, institutions that are required to be
  106  licensed by the commission shall disclose to prospective
  107  students that additional information regarding the institution
  108  may be obtained by contacting the Commission for Independent
  109  Education, Department of Education, Tallahassee.
  110         Section 2. Subsection (2) of section 1005.31, Florida
  111  Statutes, is amended, and subsection (16) is added to that
  112  section, to read:
  113         1005.31 Licensure of institutions.—
  114         (2) The commission shall develop minimum standards by which
  115  to evaluate institutions for licensure. These standards must
  116  include at least the institution’s name, financial stability,
  117  purpose, administrative organization, admissions and
  118  recruitment, educational programs and curricula, retention,
  119  completion, career placement, federal student loan cohort
  120  default rate as calculated by the United States Department of
  121  Education, faculty, learning resources, student personnel
  122  services, physical plant and facilities, publications, and
  123  disclosure statements about the status of the institution with
  124  respect to professional certification and licensure. The
  125  commission may adopt rules to ensure that institutions licensed
  126  under this section meet these standards in ways that are
  127  appropriate to achieve the stated intent of this chapter,
  128  including provisions for nontraditional or distance education
  129  programs and delivery.
  130         (16) The commission shall deny a renewal of an annual
  131  license for an institution whose federal student loan cohort
  132  default rate exceeds 30 percent.
  133         Section 3. Present paragraph (e) of subsection (1) of
  134  section 1005.32, Florida Statutes, is redesignated as paragraph
  135  (f), and a new paragraph (e) is added to that subsection, to
  136  read:
  137         1005.32 Licensure by means of accreditation.—
  138         (1) An independent postsecondary educational institution
  139  that meets the following criteria may apply for a license by
  140  means of accreditation from the commission:
  141         (e) The institution’s federal student loan cohort default
  142  rate, as calculated by the United States Department of
  143  Education, does not exceed 30 percent.
  144         Section 4. Subsection (2) of section 1011.81, Florida
  145  Statutes, is amended to read:
  146         1011.81 Florida College System Program Fund.—
  147         (2) Performance funding for industry certifications for
  148  Florida College System institutions must take into consideration
  149  an institution’s federal student loan cohort default rate and is
  150  contingent upon specific appropriation in the General
  151  Appropriations Act and shall be determined as follows:
  152         (a) Occupational areas for which industry certifications
  153  may be earned, as established in the General Appropriations Act,
  154  are eligible for performance funding. Priority shall be given to
  155  the occupational areas emphasized in state, national, or
  156  corporate grants provided to Florida educational institutions.
  157         (b) The Chancellor of the Florida College System shall
  158  identify the industry certifications eligible for funding on the
  159  CAPE Postsecondary Industry Certification Funding List approved
  160  by the State Board of Education pursuant to s. 1008.44, based on
  161  the occupational areas specified in the General Appropriations
  162  Act.
  163         (c) Each Florida College System institution shall be
  164  provided $1,000 for each industry certification earned by a
  165  student. The maximum amount of funding appropriated for
  166  performance funding pursuant to this subsection shall be limited
  167  to $15 million annually. If funds are insufficient to fully fund
  168  the calculated total award, such funds shall be prorated.
  169         Section 5. Paragraph (c) of subsection (1) of section
  170  1011.905, Florida Statutes, is amended to read:
  171         1011.905 Performance funding for state universities.—
  172         (1) State performance funds for the State University System
  173  shall be based on indicators of system and institutional
  174  attainment of performance expectations. For the 2012-2013
  175  through at least the 2016-2017 fiscal year, the Board of
  176  Governors shall review and rank each state university that
  177  applies for performance funding, as provided in the General
  178  Appropriations Act, based on the following formula:
  179         (c) Fifty percent of a state university’s score shall be
  180  based on:
  181         1. Factors determined by the Board of Governors which
  182  relate to increasing the probability that graduates who have
  183  earned degrees in the programs described in paragraph (a) will
  184  be employed in high-skill, high-wage, and high-demand
  185  employment; and.
  186         2. An institution’s federal student loan cohort default
  187  rate.
  188         Section 6. This act shall take effect July 1, 2016.