Connecticut 2019 Regular Session

Connecticut House Bill HB07088 Compare Versions

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7-General Assembly Substitute Bill No. 7088
5+General Assembly Raised Bill No. 7088
86 January Session, 2019
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98
9+
10+Referred to Committee on HIGHER EDUCATION AND
11+EMPLOYMENT ADVANCEMENT
12+
13+
14+Introduced by:
15+(HED)
1016
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1420 AN ACT CONCERNING PR OGRAM APPROVAL AT INDEPEND ENT
1521 INSTITUTIONS OF HIGHER EDUCATION.
1622 Be it enacted by the Senate and House of Representatives in General
1723 Assembly convened:
1824
1925 Section 1. Subsection (l) of section 10a-34 of the general statutes is 1
2026 repealed and the following is substituted in lieu thereof (Effective July 2
2127 1, 2019): 3
2228 (l) Notwithstanding the provisions of subsections (b) to (j), 4
2329 inclusive, of this section and subject to the authority of the State Board 5
24-of Education to regulate teacher education programs, [up to twelve 6
25-new programs of higher learning in any academic year and any 7
26-program modifications proposed by] an independent institution of 8
27-higher education, as defined in section 10a-173, shall not be [subject to 9
28-approval] required to apply for licensure of new programs of higher 10
29-learning or approval of program modifications by the Office of Higher 11
30-Education, [until July 1, 2020,] provided (1) the institution maintains 12
31-eligibility to participate in financial aid programs governed by Title IV, 13
32-Part B of the Higher Education Act of 1965, as amended from time to 14
33-time, (2) the United States Department of Education has not 15
34-determined that the institution has a financial responsibility score that 16
35-is less than 1.5 for the most recent fiscal year for which the data 17
36-necessary for determining the score is available, and (3) the institution 18
37-has been located in the state and accredited as a degree-granting 19 Substitute Bill No. 7088
30+of Education to regulate teacher education programs, up to twelve new 6
31+programs of higher learning in any academic year and any program 7
32+modifications proposed by an independent institution of higher 8
33+education, as defined in section 10a-173, shall not be subject to 9
34+approval by the Office of Higher Education, until July 1, 2020, or until 10
35+the adoption by the office of regulations pursuant to subsection (m) of 11
36+this section, as amended by this act, that provide exemption from 12
37+program approval, whichever is earlier, provided (1) the institution 13
38+maintains eligibility to participate in financial aid programs governed 14 Raised Bill No. 7088
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44-institution in good standing for ten years or more by a regional 20
45-accrediting association recognized by the Secretary of the United States 21
46-Department of Education and maintains such accreditation status. 22
47-Each institution that is exempt from program [approval] licensure or 23
48-approval of program modifications by the Office of Higher Education 24
49-under this subsection shall file with the office (A) [an application for 25
50-approval of any new program of higher learning in excess of twelve 26
51-new programs in any academic year] a new program licensure form, as 27
52-prescribed by the office, prior to students enrolling in any new 28
53-program, (B) a program actions form, as [created] prescribed by the 29
54-office, [prior to students enrolling in any new program of higher 30
55-learning or] for any existing program subject to a program 31
56-modification, and (C) not later than July first, and annually thereafter, 32
57-(i) a list [and brief description of any new programs of higher learning 33
58-introduced by the institution in the preceding academic year and] of 34
59-any existing programs of higher learning discontinued by the 35
60-institution in the preceding academic year, (ii) the institution's current 36
61-program approval process and all actions of the governing board 37
62-concerning approval of any new program of higher learning, and (iii) 38
63-the institution's financial responsibility composite score, as determined 39
64-by the United States Department of Education, for the most recent 40
65-fiscal year. [for which the data necessary for determining the score is 41
66-available]. Nothing contained in this subsection shall be construed to 42
67-exempt an independent institution of higher education from the 43
68-requirement of applying to the office for relicensure of any new 44
69-program of higher learning after a period of three years in accordance 45
70-with section 10a-34-4 of the regulations of Connecticut state agencies 46
71-or for accreditation of any new program of higher learning in 47
72-accordance with section 10a-34-5 of the regulations of Connecticut 48
73-state agencies. 49
74-Sec. 2. Section 10a-34 of the general statutes is amended by adding 50
75-subsection (m) as follows (Effective July 1, 2019): 51
76-(NEW) (m) An independent institution of higher education that is 52 Substitute Bill No. 7088
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44+by Title IV, Part B of the Higher Education Act of 1965, as amended 15
45+from time to time, (2) the United States Department of Education has 16
46+not determined that the institution has a financial responsibility 17
47+composite score that is less than 1.5 for the most recent fiscal year for 18
48+which the data necessary for determining the score is available, and (3) 19
49+the institution has been located in the state and accredited as a degree-20
50+granting institution in good standing for ten years or more by a 21
51+regional accrediting association recognized by the Secretary of the 22
52+United States Department of Education and maintains such 23
53+accreditation status. Each institution that is exempt from program 24
54+approval by the Office of Higher Education under this subsection shall 25
55+file with the office (A) an application for approval of any new program 26
56+of higher learning in excess of twelve new programs in any academic 27
57+year, (B) a program actions form, as created by the office, prior to 28
58+students enrolling in any new program of higher learning or any 29
59+existing program subject to a program modification, and (C) not later 30
60+than July first, and annually thereafter, (i) a list and brief description of 31
61+any new programs of higher learning introduced by the institution in 32
62+the preceding academic year and any existing programs of higher 33
63+learning discontinued by the institution in the preceding academic 34
64+year, (ii) the institution's current program approval process and all 35
65+actions of the governing board concerning approval of any new 36
66+program of higher learning, and (iii) the institution's financial 37
67+responsibility composite score, as determined by the United States 38
68+Department of Education, for the most recent fiscal year for which the 39
69+data necessary for determining the score is available. 40
70+Sec. 2. Section 10a-34 of the general statutes is amended by adding 41
71+subsection (m) as follows (Effective July 1, 2019): 42
72+(NEW) (m) (1) Not later than July 1, 2020, the Office of Higher 43
73+Education shall adopt regulations, in accordance with chapter 54, 44
74+establishing qualifications and an application process by which 45
75+independent institutions of higher education, as defined in section 10a-46
76+173, may be exempt from the requirement to apply for the approval of 47
77+the office for new programs of higher learning and program 48 Raised Bill No. 7088
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83-exempt from licensure of new programs of higher learning or approval 53
84-of program modifications pursuant to subsection (l) of this section may 54
85-have its exempt status suspended for a period of time to be determined 55
86-by the office, but not to exceed two years, if the institution (1) fails to 56
87-meet any of the qualifications or filing requirements of said subsection, 57
88-or (2) discontinues two or more programs of higher learning in an 58
89-academic year. An institution may apply to the Office of Higher 59
90-Education to reinstate its exempt status prior to the expiration of the 60
91-period of time in which such institution's exempt status is suspended 61
92-in the form and manner prescribed by the office. 62
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83+modifications proposed by such institution. Such qualifications shall 49
84+include, but need not be limited to, the following: (A) The institution 50
85+maintains eligibility to participate in financial aid programs governed 51
86+by Title IV, Part B of the Higher Education Act of 1965, as amended 52
87+from time to time; (B) the United States Department of Education has 53
88+not determined that the institution has a financial responsibility 54
89+composite score that is less than 1.5 for the most recent fiscal year for 55
90+which the data necessary for determining the score is available; (C) the 56
91+institution has been located in the state and accredited as a degree-57
92+granting institution in good standing for ten years or more by a 58
93+regional accrediting association recognized by the Secretary of the 59
94+United States Department of Education and maintains such 60
95+accreditation status; and (D) the institution maintains student 61
96+graduation rates, graduate employment rates and student loan default 62
97+rates at a threshold established by the office. 63
98+(2) The Office of Higher Education shall review all applications for 64
99+exemption from program approval by independent institutions of 65
100+higher education, as defined in section 10a-173, that it receives 66
101+pursuant to subdivision (1) of this subsection, provided such 67
102+applications are filed in accordance with the regulations adopted by 68
103+the office. 69
104+(3) Notwithstanding the provisions of subsections (b) to (j), 70
105+inclusive, of this section and sections 10a-34a to 10a-35, inclusive, the 71
106+governing board of an independent institution of higher education that 72
107+is exempted from program approval pursuant to subdivision (2) of this 73
108+subsection, shall (A) have the authority, in accordance with the 74
109+provision of said sections and the standards set forth in any 75
110+regulations promulgated thereunder, to review and approve 76
111+recommendations for the establishment of new programs of higher 77
112+learning and program modifications at such institution, provided the 78
113+discontinuation of any existing program of higher learning shall 79
114+require the approval of the Office of Higher Education, and (B) shall 80
115+file with the Office of Higher Education (i) a notice of any new or 81
116+modified programs of higher learning not later than thirty days after 82 Raised Bill No. 7088
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122+the date of approval of such program by the governing board of such 83
123+institution, (ii) a program actions form, as developed by the office, 84
124+prior to students enrolling in any new or modified program of higher 85
125+learning, and (iii) not later than July first annually, (I) a list and brief 86
126+description of any new programs of higher learning introduced by the 87
127+institution in the preceding academic year and any existing programs 88
128+of higher learning discontinued by the institution in the preceding 89
129+academic year, (II) the institution's current program approval process 90
130+and all actions of the governing board concerning approval of any new 91
131+program of higher learning, and (III) the institution's financial 92
132+responsibility composite score, as determined by the United States 93
133+Department of Education, for the most recent fiscal year for which the 94
134+data necessary for determining the score is available. 95
93135 This act shall take effect as follows and shall amend the following
94136 sections:
95137
96138 Section 1 July 1, 2019 10a-34(l)
97139 Sec. 2 July 1, 2019 10a-34
98140
99-HED Joint Favorable Subst.
141+Statement of Purpose:
142+To allow independent institutions of higher education to be exempt
143+from the requirement to apply to the Office of Higher Education for
144+approval of new or modified programs.
145+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
146+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
147+not underlined.]
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