Florida Senate - 2019                                    SB 1522
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00307A-19                                          20191522__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary educational
    3         institutions; amending s. 1005.04, F.S.; revising the
    4         required disclosures specified institutions must make
    5         to each prospective student; creating s. 1005.11,
    6         F.S.; requiring the Commission for Independent
    7         Education to annually prepare an accountability report
    8         by a specified date; requiring licensed institutions
    9         to annually provide certain data to the commission by
   10         a specified date; requiring administrative fines for
   11         an institution that fails to timely submit the
   12         required data; specifying the use of such funds;
   13         requiring the commission to establish certain
   14         benchmarks by rule; requiring licensed institutions to
   15         disclose specified information to each prospective
   16         student; amending s. 1005.21, F.S.; revising the
   17         membership of the commission; limiting the terms of
   18         commission members; amending s. 1005.22, F.S.;
   19         requiring the commission to approve an annual budget;
   20         providing for the review of certain complaints;
   21         authorizing the commission, under certain
   22         circumstances, to prohibit the enrollment of new
   23         students or to limit the number of students in a
   24         program at a licensed institution; amending s.
   25         1005.31, F.S.; revising the commission’s evaluation
   26         standards for licensure of an institution; requiring
   27         the commission to deny the renewal of an annual
   28         license for institutions whose federal student loan
   29         cohort default rates exceed a specified percentage;
   30         authorizing the commission to require certain
   31         institutions to post a surety bond or similar
   32         financial security for specified purposes; requiring
   33         the commission to adopt rules; requiring the
   34         commission to examine an application for licensure and
   35         take certain actions within a specified period;
   36         amending s. 1005.32, F.S.; revising criteria for
   37         independent postsecondary educational institutions to
   38         apply for a license by accreditation; requiring
   39         certain institutions to file a retention and
   40         completion management plan; amending s. 1005.36, F.S.;
   41         revising the criminal penalty for the unlawful closure
   42         of certain institutions; requiring the commission to
   43         create a Closed Institution Panel by a specified date;
   44         providing for membership and duties of the panel;
   45         requiring the commission to notify the panel upon the
   46         closing of a licensed institution; amending s.
   47         1005.37, F.S.; requiring the commission to annually
   48         determine fees to support the Student Protection Fund;
   49         prohibiting the commission from collecting the fees
   50         under certain circumstances; amending s. 1005.39,
   51         F.S.; requiring the commission to determine the
   52         qualifications of certain personnel of licensed
   53         institutions; requiring the commission to annually
   54         verify that certain personnel have completed certain
   55         training by a specified date; authorizing the
   56         provision of continuing education by licensed
   57         institutions under certain circumstances; requiring
   58         that certain evidence be included in initial or
   59         renewal application forms provided by the commission;
   60         amending ss. 1011.81 and 1011.905, F.S.; requiring
   61         that Florida College System institution performance
   62         funding for industry certifications and State
   63         University System university performance funding take
   64         into consideration an institution’s federal student
   65         loan cohort default rate; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 1005.04, Florida Statutes, is amended to
   70  read:
   71         1005.04 Fair consumer practices.—
   72         (1) Every institution that is under the jurisdiction of the
   73  commission or is exempt from the jurisdiction or purview of the
   74  commission pursuant to s. 1005.06(1)(c) or (f) and that either
   75  directly or indirectly solicits for enrollment any student shall
   76  do all of the following:
   77         (a)Disclose to each prospective student a statement of the
   78  purpose of such institution, its educational programs and
   79  curricula, a description of its physical facilities, its status
   80  regarding licensure, its fee schedule and policies regarding
   81  retaining student fees if a student withdraws, and a statement
   82  regarding the transferability of credits to and from other
   83  institutions. The institution shall make the required
   84  disclosures in writing at least 1 week prior to enrollment or
   85  collection of any tuition from the prospective student. The
   86  required disclosures may be made in the institution’s current
   87  catalog;
   88         (a)(b) Use a reliable method to assess, before accepting a
   89  student into a program, the student’s ability to complete
   90  successfully the course of study for which he or she has
   91  applied.;
   92         (b)(c) Inform each student accurately about financial
   93  assistance and obligations for repayment of loans; describe any
   94  employment placement services provided and the limitations
   95  thereof; and refrain from promising or implying guaranteed
   96  placement, market availability, or salary amounts.;
   97         (c)(d) Provide to prospective and enrolled students
   98  accurate information regarding the relationship of its programs
   99  to state licensure requirements for practicing related
  100  occupations and professions in Florida.;
  101         (d)(e) Ensure that all advertisements are accurate and not
  102  misleading.;
  103         (e)(f) Publish and follow an equitable prorated refund
  104  policy for all students, and follow both the federal refund
  105  guidelines for students receiving federal financial assistance
  106  and the minimum refund guidelines set by commission rule.;
  107         (f)(g) Follow the requirements of state and federal laws
  108  that require annual reporting with respect to crime statistics
  109  and physical plant safety and make those reports available to
  110  the public.; and
  111         (g)(h) Publish and follow procedures for handling student
  112  complaints, disciplinary actions, and appeals.
  113         (2) In addition, Institutions that are required to be
  114  licensed by the commission shall disclose to prospective
  115  students that additional information regarding the institution
  116  may be obtained by contacting the commission for Independent
  117  Education, Department of Education, Tallahassee.
  118         Section 2. Section 1005.11, Florida Statutes, is created to
  119  read:
  120         1005.11Accountability for institutions licensed by the
  121  Commission for Independent Education.—
  122         (1)By March 15 of each year, the Commission for
  123  Independent Education shall prepare an accountability report for
  124  licensed institutions. The report must contain, at a minimum,
  125  the graduation rates, including the number of graduates by
  126  program; the retention rates; and the placement rates for all
  127  licensed institutions.
  128         (2)By November 30 of each year, each licensed institution
  129  shall provide data on the graduation rate, retention rate, and
  130  placement rate of the licensed institution to the commission in
  131  a format prescribed by the commission. Placement rates must be
  132  determined using the Florida Education and Training Placement
  133  Information Program methodology. The commission shall establish
  134  a common set of data definitions that are consistent with those
  135  used by the United States Department of Education for
  136  institutional reporting purposes.
  137         (3)The commission shall impose an administrative fine of
  138  not more than $1,000 when a licensed institution fails to timely
  139  submit the required data to the commission pursuant to this
  140  section. Administrative fines collected under this subsection
  141  must be deposited into the Student Protection Fund.
  142         (4)The commission shall establish by rule performance
  143  benchmarks to identify high-performing institutions licensed by
  144  the commission. Licensed institutions with graduation rates,
  145  retention rates, and placement rates equal to or higher than the
  146  average rates of all Florida universities, colleges, or career
  147  centers, as appropriate, may receive and use the designation of
  148  “high performing.”
  149         (5) Each licensed institution shall provide each student
  150  with an accurate, stand-alone disclosure statement, in a format
  151  prescribed by the commission, as a condition of any financial
  152  obligation of the student to the institution. The institution
  153  must provide the disclosure statement individually to each
  154  student at least 1 week before enrollment or collection of
  155  tuition from the student. The disclosure statement must include,
  156  at a minimum:
  157         1.The purpose of the institution, its educational programs
  158  and curricula, and a description of its physical facilities;
  159         2.The institution’s licensure status with the commission
  160  and its status as an accredited institution or program, as
  161  applicable, by an accrediting agency recognized by the United
  162  States Department of Education, and any effect that
  163  accreditation or lack of accreditation will have on the
  164  student’s ability to sit for a professional examination or
  165  qualify for financial aid;
  166         3.The institution’s fee schedule; all fees required to be
  167  paid by the student, including tuition, laboratory fees,
  168  graduation fees, and any other nonrefundable fees; and the
  169  institution’s policies regarding the retention of student fees
  170  if a student withdraws from the institution;
  171         4.The transferability of credits to other institutions and
  172  from other institutions; and
  173         5.Requirements or limitations, such as physical or
  174  language capabilities or lack of a criminal record, which will
  175  limit career options related to the student’s course of study.
  176         Section 3. Paragraphs (c) and (d) of subsection (2) and
  177  subsection (3) of section 1005.21, Florida Statutes, are amended
  178  to read:
  179         1005.21 Commission for Independent Education.—
  180         (2) The Commission for Independent Education shall consist
  181  of seven members who are residents of this state. The commission
  182  shall function in matters concerning independent postsecondary
  183  educational institutions in consumer protection, program
  184  improvement, and licensure for institutions under its purview.
  185  The Governor shall appoint the members of the commission who are
  186  subject to confirmation by the Senate. The membership of the
  187  commission shall consist of:
  188         (c) One member who employs graduates of institutions
  189  licensed by the commission. The member may not have any other
  190  relationship with an institution subject to licensure by the
  191  commission except for his or her status as an employer of
  192  graduates of the institution from a public school district or
  193  Florida College System institution who is an administrator of
  194  career education.
  195         (d) One member who is a graduate of an institution subject
  196  to licensure by the commission. The member may not have any
  197  other relationship with an institution subject to licensure by
  198  the commission except for his or her status as an alumnus
  199  representative of a college that meets the criteria of s.
  200  1005.06(1)(f).
  201         (3) The members of the commission shall be appointed to 3
  202  year terms. Members may serve no more than three consecutive
  203  terms or and until their successors are appointed and qualified,
  204  whichever occurs first. If a vacancy on the commission occurs
  205  before the expiration of a term, the Governor shall appoint a
  206  successor to serve the unexpired portion of the term.
  207         Section 4. Paragraphs (e) and (k) of subsection (1) of
  208  section 1005.22, Florida Statutes, are amended, and paragraph
  209  (j) is added to subsection (2) of that section, to read:
  210         1005.22 Powers and duties of commission.—
  211         (1) The commission shall:
  212         (e) Administer the provisions of this chapter. To this end,
  213  the commission has the following administrative powers and
  214  responsibilities:
  215         1. The commission shall adopt rules pursuant to ss.
  216  120.536(1) and 120.54 for the operation and establishment of
  217  independent postsecondary educational institutions. The
  218  commission shall submit the rules to the State Board of
  219  Education for approval or disapproval. If the state board does
  220  not act on a rule within 60 days after receiving it, the rule
  221  shall be filed immediately with the Department of State.
  222         2. The commission shall approve and submit an annual budget
  223  to the State Board of Education.
  224         3. The commission shall transmit all fees, donations, and
  225  other receipts of money to the Institutional Assessment Trust
  226  Fund.
  227         4. The commission shall expend funds as necessary to assist
  228  in the application and enforcement of its powers and duties. The
  229  Chief Financial Officer shall pay out all moneys and funds as
  230  directed under this chapter upon vouchers approved by the
  231  Department of Education for all lawful purposes necessary to
  232  administering this chapter. The commission shall make annual
  233  reports to the State Board of Education showing in detail
  234  amounts received and all expenditures. The commission shall
  235  include in its annual report to the State Board of Education a
  236  statement of its major activities during the period covered by
  237  the report.
  238         (k) Establish and publicize the procedures for receiving
  239  and responding to complaints from students, faculty, and others
  240  concerning institutions or programs under the purview of the
  241  commission, and keep records of such complaints in order to
  242  determine the frequency and nature of complaints with respect to
  243  specific institutions of higher education. The commission shall
  244  appoint a committee to review any complaint that is not closed
  245  within 90 days after receipt of the complaint.
  246         (2) The commission may:
  247         (j)Based on the performance of an institution licensed by
  248  the commission, prohibit the institution from enrolling new
  249  students or limit the number of students in a program at the
  250  institution.
  251         Section 5. Present subsections (5) through (15) of section
  252  1005.31, Florida Statutes, are redesignated as subsections (6)
  253  through (16), respectively, subsection (2) and present
  254  subsection (6) of that section are amended, and a new subsection
  255  (5) is added to that section, to read:
  256         1005.31 Licensure of institutions.—
  257         (2) The commission shall develop minimum standards by which
  258  to evaluate institutions for licensure. These standards must
  259  include, at a minimum, at least the institution’s name;,
  260  financial stability;, purpose;, administrative organization;,
  261  admissions and recruitment;, educational programs and
  262  curricula;, retention and, completion, including a retention and
  263  completion management plan; career placement; federal student
  264  loan cohort default rate as calculated by the United States
  265  Department of Education;, faculty;, learning resources;, student
  266  personnel services;, physical plant and facilities;,
  267  publications;, and disclosure statements about the status of the
  268  institution with respect to professional certification and
  269  licensure. The commission may adopt rules to ensure that
  270  institutions licensed under this section meet these standards in
  271  ways that are appropriate to achieve the stated intent of this
  272  chapter, including provisions for nontraditional or distance
  273  education programs and delivery. The commission shall deny the
  274  renewal of an annual license for an institution whose federal
  275  student loan cohort default rate exceeds 30 percent.
  276         (5)The commission may require an institution that does not
  277  provide sufficient evidence of financial stability at the time
  278  of application for a provisional license or that is dependent
  279  upon financial resources located outside the United States to
  280  post and maintain a surety bond to assist each enrolled student
  281  in completing the student’s program of enrollment in the event
  282  that the institution closes before receiving its first annual
  283  licensure renewal. In lieu of a surety bond, the commission may
  284  require an institution to establish and maintain a cash-deposit
  285  escrow account, or an irrevocable letter of credit, payable to
  286  the commission in an amount not to exceed 50 percent of the
  287  institution’s first-year projected revenue. The commission shall
  288  adopt rules to administer this subsection.
  289         (7)(6) The commission shall ensure through an investigative
  290  process that applicants for licensure meet the standards as
  291  defined in rule. Within 30 days after receipt of an application,
  292  the commission shall examine the application, notify the
  293  applicant of any apparent error or omission, and request any
  294  additional necessary information from the applicant. When the
  295  investigative process is not completed within the time set out
  296  in s. 120.60(1) and the commission has reason to believe that
  297  the applicant does not meet licensure standards, the commission
  298  or the executive director of the commission may issue a 90-day
  299  licensure delay, which shall be in writing and sufficient to
  300  notify the applicant of the reason for the delay. The provisions
  301  of this subsection shall control over any conflicting provisions
  302  of s. 120.60(1).
  303         Section 6. Paragraph (e) of subsection (1) and subsection
  304  (3) of section 1005.32, Florida Statutes, are amended to read:
  305         1005.32 Licensure by means of accreditation.—
  306         (1) An independent postsecondary educational institution
  307  that meets the following criteria may apply for a license by
  308  means of accreditation from the commission:
  309         (e) The institution’s federal student loan cohort default
  310  rate, as calculated by the United States Department of
  311  Education, does not exceed 30 percent The institution is a
  312  Florida corporation.
  313         (3) The commission may not require an institution granted a
  314  license by means of accreditation to submit reports that differ
  315  from the reports required by its accrediting association, except
  316  that each institution must file with the commission an annual
  317  audit report and a retention and completion management plan
  318  pursuant to s. 1005.31. The institution shall also follow the
  319  commission’s requirements for orderly closing, including
  320  provisions for trainout or refunds and arranging for the proper
  321  disposition of student and institutional records.
  322         Section 7. Present subsections (3) and (4) of section
  323  1005.36, Florida Statutes, are redesignated as subsections (4)
  324  and (5), respectively, subsection (2) of that section is
  325  amended, and a new subsection (3) is added to that section, to
  326  read:
  327         1005.36 Institutional closings.—
  328         (2) At least 30 days before prior to closing an
  329  institution, its owners, directors, or administrators must shall
  330  notify the commission in writing of the closure of the
  331  institution. The owners, directors, and administrators must
  332  organize an orderly closure of the institution, which means at
  333  least providing for the completion of training of its students.
  334  The commission must approve any such plan. An owner, director,
  335  or administrator who fails to notify the commission at least 30
  336  days before prior to the institution’s closure, or who fails to
  337  organize the orderly closure of the institution and the trainout
  338  of the students, commits a misdemeanor of the first second
  339  degree, punishable as provided in s. 775.082 or s. 775.083.
  340         (3)By October 1, 2019, the commission shall establish a
  341  Closed Institution Panel. The panel shall consist of at least
  342  one commission member, one commission staff member, one
  343  accrediting body staff member, and one administrator with
  344  experience in managing licensed institutions. The commission
  345  shall notify the panel upon the closing of a licensed
  346  institution. For any closure that does not comply with the
  347  requirements of subsection (2), or at the discretion of the
  348  commission chair, the panel shall convene to implement measures
  349  to minimize the academic, logistical, and financial impact on
  350  students of the institution. The panel may secure student
  351  records and, to the extent possible, maintain the educational
  352  programs at the institution for at least 30 days after the panel
  353  receives notification that the institution is closing in order
  354  to assist each student with completion of his or her educational
  355  program. The institution that is closing shall pay for all the
  356  expenses incurred by the panel to conduct activities described
  357  in this subsection.
  358         Section 8. Section 1005.37, Florida Statutes, is amended to
  359  read:
  360         1005.37 Student Protection Fund.—
  361         (1) The commission shall establish and administer a
  362  statewide, fee-supported financial program through which funds
  363  will be available to complete the training of a student who
  364  enrolls in a licensed institution nonpublic school that
  365  terminates a program or ceases operation before the student has
  366  completed his or her program of study. The financial program is
  367  named the Student Protection Fund.
  368         (2) The commission is authorized to assess a fee from the
  369  licensed institutions schools within its jurisdiction for such
  370  purpose. The commission shall assess a licensed institution
  371  school an additional fee for its eligibility for the Student
  372  Protection Fund. The commission shall annually determine the
  373  fees to support the fund; however, if the fund balance exceeds
  374  $5 million on November 1 of any year, the commission may not
  375  collect the fees in the next calendar year.
  376         (3) If a licensed institution school terminates a program
  377  before all students complete it, the commission shall also
  378  assess that institution school a fee adequate to pay the full
  379  cost to the Student Protection Fund of completing the training
  380  of students.
  381         (4) The fund shall consist entirely of fees assessed to
  382  licensed institutions schools and may shall not be funded under
  383  any circumstances by public funds, nor shall the commission make
  384  payments or be obligated to make payments in excess of the
  385  assessments actually received from licensed institutions schools
  386  and deposited in the Institutional Assessment Trust Fund to the
  387  credit of the Student Protection Fund.
  388         (5) At each commission meeting, the commission shall
  389  consider the need for and shall make required assessments, shall
  390  review the collection status of unpaid assessments and take all
  391  necessary steps to collect them, and shall review all moneys in
  392  the fund and expenses incurred since the last reporting period.
  393  This review must include administrative expenses, moneys
  394  received, and payments made to students or to lending
  395  institutions.
  396         (6) Staff of the commission must immediately inform the
  397  commission upon learning of the closing of a licensed
  398  institution school or the termination of a program which that
  399  could expose the fund to liability.
  400         (7) The Student Protection Fund must be actuarially sound,
  401  periodically audited by the Auditor General in connection with
  402  his or her audit of the Department of Education, and reviewed to
  403  determine if additional fees must be charged to licensed
  404  institutions schools eligible to participate in the fund.
  405         Section 9. Subsections (1), (3), and (4) of section
  406  1005.39, Florida Statutes, are amended to read:
  407         1005.39 Continuing education and training for
  408  administrators and faculty.—
  409         (1) The commission shall determine whether is authorized to
  410  ensure that the administrators of licensed institutions are
  411  qualified to conduct the operations of their respective
  412  positions and shall to require such administrators and faculty
  413  to receive continuing education and training as adopted by rule
  414  of the commission. The positions for which the commission must
  415  may review qualifications and require continuing education and
  416  training may include the positions of chief administrator or
  417  officer, chief campus officer, director of education or
  418  training, placement director, admissions director, and financial
  419  aid director and faculty members. By July 1, 2020, and annually
  420  thereafter, the commission shall verify that all administrators
  421  subject to continuing education requirements have completed
  422  training on state and federal laws and regulations specifically
  423  pertaining to the operation of nonpublic postsecondary
  424  educational institutions.
  425         (3) The commission shall adopt general qualifications for
  426  each of the respective positions and establish guidelines for
  427  the minimum amount and type of continuing education and training
  428  to be required. The continuing education and training may be
  429  provided by the commission, appropriate state or federal
  430  agencies, or professional organizations familiar with the
  431  requirements of the particular administrative positions.
  432  Licensed institutions may also provide continuing education upon
  433  approval of the commission. The actual curricula should be left
  434  to the discretion of those agencies, and organizations, and, if
  435  approved, licensed institutions.
  436         (4) Evidence of administrator the administrator’s and
  437  faculty member’s compliance with the continuing education and
  438  training requirements established by the commission shall may be
  439  included in the initial and renewal application forms provided
  440  to by the commission. Actual records of the continuing education
  441  and training received by administrators and faculty shall be
  442  maintained at the institution and available for inspection at
  443  all times.
  444         Section 10. Subsection (2) of section 1011.81, Florida
  445  Statutes, is amended to read:
  446         1011.81 Florida College System Program Fund.—
  447         (2) Performance funding for industry certifications for
  448  Florida College System institutions must take into consideration
  449  an institution’s federal student loan cohort default rate and is
  450  contingent upon specific appropriation in the General
  451  Appropriations Act and shall be determined as follows:
  452         (a) Occupational areas for which industry certifications
  453  may be earned, as established in the General Appropriations Act,
  454  are eligible for performance funding. Priority shall be given to
  455  the occupational areas emphasized in state, national, or
  456  corporate grants provided to Florida educational institutions.
  457         (b) The Chancellor of the Florida College System shall
  458  identify the industry certifications eligible for funding on the
  459  CAPE Postsecondary Industry Certification Funding List approved
  460  by the State Board of Education pursuant to s. 1008.44, based on
  461  the occupational areas specified in the General Appropriations
  462  Act.
  463         (c) Each Florida College System institution shall be
  464  provided $1,000 for each industry certification earned by a
  465  student. The maximum amount of funding appropriated for
  466  performance funding pursuant to this subsection shall be limited
  467  to $15 million annually. If funds are insufficient to fully fund
  468  the calculated total award, such funds shall be prorated.
  469         Section 11. Paragraph (c) of subsection (1) of section
  470  1011.905, Florida Statutes, is amended to read:
  471         1011.905 Performance funding for state universities.—
  472         (1) State performance funds for the State University System
  473  shall be based on indicators of system and institutional
  474  attainment of performance expectations. For the 2012-2013
  475  through at least the 2016-2017 fiscal year, the Board of
  476  Governors shall review and rank each state university that
  477  applies for performance funding, as provided in the General
  478  Appropriations Act, based on the following formula:
  479         (c) Fifty percent of a state university’s score shall be
  480  based on:
  481         1. Factors determined by the Board of Governors which
  482  relate to increasing the probability that graduates who have
  483  earned degrees in the programs described in paragraph (a) will
  484  be employed in high-skill, high-wage, and high-demand
  485  employment; and.
  486         2.The state university’s federal student loan cohort
  487  default rate.
  488         Section 12. This act shall take effect July 1, 2019.