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General Assembly Raised Bill No. 7088
January Session, 2019
LCO No. 3501
Referred to Committee on HIGHER EDUCATION AND
EMPLOYMENT ADVANCEMENT
Introduced by:
(HED)
AN ACT CONCERNING PR OGRAM APPROVAL AT INDEPEND ENT
INSTITUTIONS OF HIGHER EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (l) of section 10a-34 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 2
1, 2019): 3
(l) Notwithstanding the provisions of subsections (b) to (j), 4
inclusive, of this section and subject to the authority of the State Board 5
of Education to regulate teacher education programs, up to twelve new 6
programs of higher learning in any academic year and any program 7
modifications proposed by an independent institution of higher 8
education, as defined in section 10a-173, shall not be subject to 9
approval by the Office of Higher Education, until July 1, 2020, or until 10
the adoption by the office of regulations pursuant to subsection (m) of 11
this section, as amended by this act, that provide exemption from 12
program approval, whichever is earlier, provided (1) the institution 13
maintains eligibility to participate in financial aid programs governed 14 Raised Bill No. 7088
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by Title IV, Part B of the Higher Education Act of 1965, as amended 15
from time to time, (2) the United States Department of Education has 16
not determined that the institution has a financial responsibility 17
composite score that is less than 1.5 for the most recent fiscal year for 18
which the data necessary for determining the score is available, and (3) 19
the institution has been located in the state and accredited as a degree-20
granting institution in good standing for ten years or more by a 21
regional accrediting association recognized by the Secretary of the 22
United States Department of Education and maintains such 23
accreditation status. Each institution that is exempt from program 24
approval by the Office of Higher Education under this subsection shall 25
file with the office (A) an application for approval of any new program 26
of higher learning in excess of twelve new programs in any academic 27
year, (B) a program actions form, as created by the office, prior to 28
students enrolling in any new program of higher learning or any 29
existing program subject to a program modification, and (C) not later 30
than July first, and annually thereafter, (i) a list and brief description of 31
any new programs of higher learning introduced by the institution in 32
the preceding academic year and any existing programs of higher 33
learning discontinued by the institution in the preceding academic 34
year, (ii) the institution's current program approval process and all 35
actions of the governing board concerning approval of any new 36
program of higher learning, and (iii) the institution's financial 37
responsibility composite score, as determined by the United States 38
Department of Education, for the most recent fiscal year for which the 39
data necessary for determining the score is available. 40
Sec. 2. Section 10a-34 of the general statutes is amended by adding 41
subsection (m) as follows (Effective July 1, 2019): 42
(NEW) (m) (1) Not later than July 1, 2020, the Office of Higher 43
Education shall adopt regulations, in accordance with chapter 54, 44
establishing qualifications and an application process by which 45
independent institutions of higher education, as defined in section 10a-46
173, may be exempt from the requirement to apply for the approval of 47
the office for new programs of higher learning and program 48 Raised Bill No. 7088
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modifications proposed by such institution. Such qualifications shall 49
include, but need not be limited to, the following: (A) The institution 50
maintains eligibility to participate in financial aid programs governed 51
by Title IV, Part B of the Higher Education Act of 1965, as amended 52
from time to time; (B) the United States Department of Education has 53
not determined that the institution has a financial responsibility 54
composite score that is less than 1.5 for the most recent fiscal year for 55
which the data necessary for determining the score is available; (C) the 56
institution has been located in the state and accredited as a degree-57
granting institution in good standing for ten years or more by a 58
regional accrediting association recognized by the Secretary of the 59
United States Department of Education and maintains such 60
accreditation status; and (D) the institution maintains student 61
graduation rates, graduate employment rates and student loan default 62
rates at a threshold established by the office. 63
(2) The Office of Higher Education shall review all applications for 64
exemption from program approval by independent institutions of 65
higher education, as defined in section 10a-173, that it receives 66
pursuant to subdivision (1) of this subsection, provided such 67
applications are filed in accordance with the regulations adopted by 68
the office. 69
(3) Notwithstanding the provisions of subsections (b) to (j), 70
inclusive, of this section and sections 10a-34a to 10a-35, inclusive, the 71
governing board of an independent institution of higher education that 72
is exempted from program approval pursuant to subdivision (2) of this 73
subsection, shall (A) have the authority, in accordance with the 74
provision of said sections and the standards set forth in any 75
regulations promulgated thereunder, to review and approve 76
recommendations for the establishment of new programs of higher 77
learning and program modifications at such institution, provided the 78
discontinuation of any existing program of higher learning shall 79
require the approval of the Office of Higher Education, and (B) shall 80
file with the Office of Higher Education (i) a notice of any new or 81
modified programs of higher learning not later than thirty days after 82 Raised Bill No. 7088
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the date of approval of such program by the governing board of such 83
institution, (ii) a program actions form, as developed by the office, 84
prior to students enrolling in any new or modified program of higher 85
learning, and (iii) not later than July first annually, (I) a list and brief 86
description of any new programs of higher learning introduced by the 87
institution in the preceding academic year and any existing programs 88
of higher learning discontinued by the institution in the preceding 89
academic year, (II) the institution's current program approval process 90
and all actions of the governing board concerning approval of any new 91
program of higher learning, and (III) the institution's financial 92
responsibility composite score, as determined by the United States 93
Department of Education, for the most recent fiscal year for which the 94
data necessary for determining the score is available. 95
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 10a-34(l)
Sec. 2 July 1, 2019 10a-34
Statement of Purpose:
To allow independent institutions of higher education to be exempt
from the requirement to apply to the Office of Higher Education for
approval of new or modified programs.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]