Connecticut 2019 Regular Session

Connecticut Senate Bill SB00081 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Committee Bill No. 81
	8	+	January Session, 2019
	9	+	LCO No. 4022
	10	+
	11	+
	12	+	Referred to Committee on HIGHER EDUCATION AND
	13	+	EMPLOYMENT ADVANCEMENT
	14	+
	15	+
	16	+	Introduced by:
	17	+	(HED)
1	18
2	19
3	20
4		-	Senate Bill No. 81
5		-
6		-	Public Act No. 19-87
7		-
8		-
9		-	AN ACT MAKING CERTAI N INSTITUTIONS OF HI GHER
10		-	EDUCATION AND PRIVAT E OCCUPATIONAL SCHOO LS
11		-	INELIGIBLE FOR PUBLIC FUNDS AND LICENSUR E.
	21	+	AN ACT MAKING CERTAI N INSTITUTIONS OF HIGHER EDUCATION
	22	+	AND PRIVATE OCCUPATI ONAL SCHOOLS INELIGIBLE FOR PUBLIC
	23	+	FUNDS AND LICENSURE.
12	24		Be it enacted by the Senate and House of Representatives in General
13	25		Assembly convened:
14	26
15		-	Section 1. (NEW) (Effective July 1, 2019) (a) On and after January 1,
16		-	2020, any for-profit institution of higher education licensed to operate
17		-	in the state that requires any student, as a condition of enrollment, to
18		-	enter into an agreement that (1) limits participation in a class action
19		-	against such institution, (2) limits any claim the student may have
20		-	against such institution or the damages for such claim, or (3) requires
21		-	the student to assert any claim against such institution in a forum that
22		-	is less convenient, more costly or more dilatory for the resolution of a
23		-	dispute than a judicial forum established in the state where the student
24		-	may otherwise properly bring a claim, shall include in its application
25		-	to the Office of Higher Education for initial or renewed institutional
26		-	licensure or accreditation pursuant to section 10a-34 of the general
27		-	statutes, a statement (A) disclosing the number of claims made against
28		-	the institution, including claims made against a parent organization or
29		-	subsidiary of the institution, by a student currently or formerly
30		-	enrolled at the institution, (B) a description of the nature of the rights
31		-	asserted, and (C) the status of such claims. The institution shall submit
32		-	additional details regarding such claims as the executive director of the Senate Bill No. 81
	27	+	Section 1. (NEW) (Effective July 1, 2019) (a) On and after January 1, 1
	28	+	2020, any for-profit institution of higher education licensed to operate 2
	29	+	in the state that requires any student, as a condition of enrollment, to 3
	30	+	enter into an agreement that (1) limits participation in a class action 4
	31	+	against such institution, (2) limits any claim the student may have 5
	32	+	against such institution or the damages for such claim, or (3) requires 6
	33	+	the student to assert any claim against such institution in a forum that 7
	34	+	is less convenient, more costly or more dilatory for the resolution of a 8
	35	+	dispute than a judicial forum established in the state where the student 9
	36	+	may otherwise properly bring a claim, shall include in its application 10
	37	+	to the Office of Higher Education for initial or renewed institutional 11
	38	+	licensure or accreditation pursuant to section 10a-34 of the general 12
	39	+	statutes, a statement (A) disclosing the number of claims made against 13
	40	+	the institution, including claims made against a parent organization or 14
	41	+	subsidiary of the institution, by a student currently or formerly 15 Committee Bill No. 81
33	42
34		-	Public Act No. 19-87 2 of 5
35	43
36		-	Office of Higher Education may require.
37		-	(b) The executive director of the Office of Higher Education may
38		-	deny the application for initial or renewed license or accreditation of a
39		-	for-profit institution of higher education or consider a for-profit
40		-	institution of higher education ineligible to receive any public funds,
41		-	including, but not limited to, federal funds administered by the office
42		-	pursuant to section 10a-45 of the general statutes if (1) such institution
43		-	fails to include the statement required under subsection (a) of this
44		-	section in its application, or (2) upon review of such statement, the
45		-	executive director determines that the public policy of protecting the
46		-	interests of students in the state requires such denial. Notwithstanding
47		-	the provisions of subsection (i) of section 10a-34 of the general statutes,
48		-	the executive director may deny the accreditation of an institution of
49		-	higher education, for the purposes of this subsection, by refusing to
50		-	accept or withdrawing any previous acceptance of regional
51		-	accreditation made under subsection (i) of said section.
52		-	(c) The executive director of the Office of Higher Education shall
53		-	have the authority granted under sections 10a-34a, 10a-34b and 10a-34e
54		-	of the general statutes, as amended by this act, to investigate and
55		-	enforce the provisions of subsections (a) and (b) of this section.
56		-	Sec. 2. (NEW) (Effective July 1, 2019) (a) On and after January 1, 2020,
57		-	any private occupational school, as defined in section 10a-22a of the
58		-	general statutes, that requires any student, as a condition of
59		-	enrollment, to enter into an agreement that (1) limits participation in a
60		-	class action against such school, (2) limits any claim the student may
61		-	have against such school or the damages for such claim, or (3) requires
62		-	the student to assert any claim against such school in a forum that is
63		-	less convenient, more costly or more dilatory for the resolution of a
64		-	dispute than a judicial forum established in the state where the student
65		-	may otherwise properly bring a claim, shall include in its application
66		-	to the Office of Higher Education for initial or renewed certificate of Senate Bill No. 81
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68		-	Public Act No. 19-87 3 of 5
	48	+	enrolled at the institution, (B) a description of the nature of the rights 16
	49	+	asserted, and (C) the status of such claims. The institution shall submit 17
	50	+	additional details regarding such claims as the executive director of the 18
	51	+	Office of Higher Education may require. 19
	52	+	(b) The executive director of the Office of Higher Education may (1) 20
	53	+	deny the application for initial or renewed license or accreditation of a 21
	54	+	for-profit institution of higher education if (A) such institution fails to 22
	55	+	include the statement required under subsection (a) of this section in 23
	56	+	its application, or (B) upon review of such statement, the executive 24
	57	+	director determines that the public policy of protecting the interests of 25
	58	+	students in the state requires such denial, or (2) consider the institution 26
	59	+	ineligible to receive any public funds, including, but not limited to, 27
	60	+	federal funds administered by the office pursuant to section 10a-45 of 28
	61	+	the general statutes. For the purpose of this subsection, the executive 29
	62	+	director may deny the accreditation of an institution of higher 30
	63	+	education by refusing to accept or withdrawing any previous 31
	64	+	acceptance of regional accreditation made pursuant to subsection (i) of 32
	65	+	section 10a-34 of the general statutes. 33
	66	+	(c) The executive director of the Office of Higher Education shall 34
	67	+	have the authority granted under sections 10a-34a, 10a-34b and 10a-34e 35
	68	+	of the general statutes, as amended by this act, to investigate and 36
	69	+	enforce the provisions of subsections (a) and (b) of this section. 37
	70	+	Sec. 2. (NEW) (Effective July 1, 2019) (a) On and after January 1, 2020, 38
	71	+	any private occupational school, as defined in section 10a-22a of the 39
	72	+	general statutes, that requires any student, as a condition of 40
	73	+	enrollment, to enter into an agreement that (1) limits participation in a 41
	74	+	class action against such school, (2) limits any claim the student may 42
	75	+	have against such school or the damages for such claim, or (3) requires 43
	76	+	the student to assert any claim against such school in a forum that is 44
	77	+	less convenient, more costly or more dilatory for the resolution of a 45
	78	+	dispute than a judicial forum established in the state where the student 46
	79	+	may otherwise properly bring a claim, shall include in its application 47
	80	+	to the Office of Higher Education for initial or renewed certificate of 48 Committee Bill No. 81
69	81
70		-	authorization pursuant to sections 10a-22b and 10a-22d of the general
71		-	statutes, a statement (A) disclosing the number of claims made against
72		-	the school, including claims made against a parent organization or
73		-	subsidiary of the school, by a student currently or formerly enrolled at
74		-	the school, (B) describing the nature of the rights asserted, and (C)
75		-	updating the status of such claims. The school shall submit additional
76		-	details regarding such claims as the executive director of the Office of
77		-	Higher Education may require.
78		-	(b) The executive director of the Office of Higher Education may
79		-	deny the application for initial or renewed certificate of authorization
80		-	of a private occupational school or consider a private occupational
81		-	school ineligible to receive any public funds, including, but not limited
82		-	to, federal funds administered by the office pursuant to section 10a-45
83		-	of the general statutes if (1) such school fails to include the statement
84		-	required under subsection (a) of this section in its application, or (2)
85		-	upon review of such statement, the executive director determines that
86		-	the public policy of protecting the interests of students in the state
87		-	requires such denial.
88		-	(c) The executive director of the Office of Higher Education shall
89		-	have the authority granted under sections 10a-22i, 10a-22j and 10a-22o
90		-	of the general statutes, as amended by this act, to investigate and
91		-	enforce the provisions of subsections (a) and (b) of this section.
92		-	Sec. 3. Subsection (a) of section 10a-34a of the general statutes is
93		-	repealed and the following is substituted in lieu thereof (Effective July
94		-	1, 2019):
95		-	(a) The executive director of the Office of Higher Education may
96		-	assess any person, school, board, association or corporation which
97		-	violates any provision of section 10a-34, [or] 10a-35 or section 1 of this
98		-	act an administrative penalty in an amount not to exceed five hundred
99		-	dollars for each day of such violation. Senate Bill No. 81
100	82
101		-	Public Act No. 19-87 4 of 5
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103		-	Sec. 4. Section 10a-34b of the general statutes is repealed and the
104		-	following is substituted in lieu thereof (Effective July 1, 2019):
105		-	The executive director, through the Attorney General, may seek an
106		-	order from the [superior court] Superior Court to prevent any violation
107		-	of sections 10a-34, [and] 10a-35 and section 1 of this act through the use
108		-	of an injunction in accordance with the provisions of chapter 916.
109		-	Sec. 5. Subsection (a) of section 10a-34e of the general statutes is
110		-	repealed and the following is substituted in lieu thereof (Effective July
111		-	1, 2019):
112		-	(a) The Office of Higher Education may conduct any necessary
113		-	review, inspection or investigation regarding applications for licensure
114		-	or accreditation or possible violations of this section, [and] sections
115		-	10a-34 to 10a-34d, inclusive, as amended by this act, section 1 of this
116		-	act or [of] any applicable regulations of Connecticut state agencies. In
117		-	connection with any investigation, the executive director or the
118		-	executive director's designee, may administer oaths, issue subpoenas,
119		-	compel testimony and order the production of any record or
120		-	document. If any person refuses to appear, testify or produce any
121		-	record or document when so ordered, the executive director may seek
122		-	relief pursuant to section 10a-34d.
123		-	Sec. 6. Subsection (a) of section 10a-22i of the general statutes is
124		-	repealed and the following is substituted in lieu thereof (Effective July
125		-	1, 2019):
126		-	(a) The executive director may assess any person, board,
127		-	partnership, association, corporation, limited liability company or
128		-	other entity which violates any provision of sections 10a-22a to 10a-
129		-	22o, inclusive, as amended by this act, sections 10a-22u to 10a-22w,
130		-	inclusive, section 2 of this act or regulations adopted pursuant to
131		-	section 10a-22k an administrative penalty in an amount not to exceed Senate Bill No. 81
	87	+	authorization pursuant to sections 10a-22b and 10a-22d of the general 49
	88	+	statutes, a statement (A) disclosing the number of claims made against 50
	89	+	the school, including claims made against a parent organization or 51
	90	+	subsidiary of the school, by a student currently or formerly enrolled at 52
	91	+	the school, (B) a description of the nature of the rights asserted, and (C) 53
	92	+	the status of such claims. The school shall submit additional details 54
	93	+	regarding such claims as the executive director of the Office of Higher 55
	94	+	Education may require. 56
	95	+	(b) The executive director of the Office of Higher Education may (1) 57
	96	+	deny the application for initial or renewed certificate of authorization 58
	97	+	of a private occupational school if (A) such school fails to include the 59
	98	+	statement required under subsection (a) of this section in its 60
	99	+	application, or (B) upon review of such statement, the executive 61
	100	+	director determines that the public policy of protecting the interests of 62
	101	+	students in the state requires such denial, or (2) consider the school 63
	102	+	ineligible to receive any public funds, including, but not limited to, 64
	103	+	federal funds administered by the office pursuant to section 10a-45 of 65
	104	+	the general statutes. 66
	105	+	(c) The executive director of the Office of Higher Education shall 67
	106	+	have the authority granted under sections 10a-22i, 10a-22j and 10a-22o 68
	107	+	of the general statutes, as amended by this act, to investigate and 69
	108	+	enforce the provisions of subsections (a) and (b) of this section. 70
	109	+	Sec. 3. Subsection (a) of section 10a-34a of the general statutes is 71
	110	+	repealed and the following is substituted in lieu thereof (Effective July 72
	111	+	1, 2019): 73
	112	+	(a) The executive director of the Office of Higher Education may 74
	113	+	assess any person, school, board, association or corporation which 75
	114	+	violates any provision of section 10a-34, [or] 10a-35 or section 1 of this 76
	115	+	act an administrative penalty in an amount not to exceed five hundred 77
	116	+	dollars for each day of such violation. 78
	117	+	Sec. 4. Section 10a-34b of the general statutes is repealed and the 79 Committee Bill No. 81
132	118
133		-	Public Act No. 19-87 5 of 5
134	119
135		-	five hundred dollars for each day of such violation.
136		-	Sec. 7. Section 10a-22j of the general statutes is repealed and the
137		-	following is substituted in lieu thereof (Effective July 1, 2019):
138		-	The executive director, through the Attorney General, may seek an
139		-	order from the Superior Court to prevent any violation of sections 10a-
140		-	22a to 10a-22o, inclusive, as amended by this act, [or] sections 10a-22u
141		-	to 10a-22w, inclusive, or section 2 of this act.
142		-	Sec. 8. Subsection (b) of section 10a-22o of the general statutes is
143		-	repealed and the following is substituted in lieu thereof (Effective July
144		-	1, 2019):
145		-	(b) The executive director, or the executive director's designee, may
146		-	conduct any necessary review, inspection or investigation regarding
147		-	applications for certificates of authorization or possible violations of
148		-	sections 10a-22a to 10a-22o, inclusive, as amended by this act, section 2
149		-	of this act or [of] any applicable regulations of Connecticut state
150		-	agencies. In connection with any investigation, the executive director
151		-	or the executive director's designee, may administer oaths, issue
152		-	subpoenas, compel testimony and order the production of any record
153		-	or document. If any person refuses to appear, testify or produce any
154		-	record or document when so ordered, the executive director may seek
155		-	relief pursuant to subsection (a) of this section.
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	123	+
	124	+	following is substituted in lieu thereof (Effective July 1, 2019): 80
	125	+	The executive director, through the Attorney General, may seek an 81
	126	+	order from the [superior court] Superior Court to prevent any violation 82
	127	+	of sections 10a-34, [and] 10a-35 and section 1 of this act through the use 83
	128	+	of an injunction in accordance with the provisions of chapter 916. 84
	129	+	Sec. 5. Subsection (a) of section 10a-34e of the general statutes is 85
	130	+	repealed and the following is substituted in lieu thereof (Effective July 86
	131	+	1, 2019): 87
	132	+	(a) The Office of Higher Education may conduct any necessary 88
	133	+	review, inspection or investigation regarding applications for licensure 89
	134	+	or accreditation or possible violations of this section, [and] sections 90
	135	+	10a-34 to 10a-34d, inclusive, as amended by this act, section 1 of this 91
	136	+	act or [of] any applicable regulations of Connecticut state agencies. In 92
	137	+	connection with any investigation, the executive director or the 93
	138	+	executive director's designee, may administer oaths, issue subpoenas, 94
	139	+	compel testimony and order the production of any record or 95
	140	+	document. If any person refuses to appear, testify or produce any 96
	141	+	record or document when so ordered, the executive director may seek 97
	142	+	relief pursuant to section 10a-34d. 98
	143	+	Sec. 6. Subsection (a) of section 10a-22i of the general statutes is 99
	144	+	repealed and the following is substituted in lieu thereof (Effective July 100
	145	+	1, 2019): 101
	146	+	(a) The executive director may assess any person, board, 102
	147	+	partnership, association, corporation, limited liability company or 103
	148	+	other entity which violates any provision of sections 10a-22a to 10a-104
	149	+	22o, inclusive, as amended by this act, sections 10a-22u to 10a-22w, 105
	150	+	inclusive, section 2 of this act or regulations adopted pursuant to 106
	151	+	section 10a-22k an administrative penalty in an amount not to exceed 107
	152	+	five hundred dollars for each day of such violation. 108
	153	+	Sec. 7. Section 10a-22j of the general statutes is repealed and the 109
	154	+	following is substituted in lieu thereof (Effective July 1, 2019): 110 Committee Bill No. 81
	155	+
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	160	+
	161	+	The executive director, through the Attorney General, may seek an 111
	162	+	order from the Superior Court to prevent any violation of sections 10a-112
	163	+	22a to 10a-22o, inclusive, as amended by this act, [or] sections 10a-22u 113
	164	+	to 10a-22w, inclusive, or section 2 of this act. 114
	165	+	Sec. 8. Subsection (b) of section 10a-22o of the general statutes is 115
	166	+	repealed and the following is substituted in lieu thereof (Effective July 116
	167	+	1, 2019): 117
	168	+	(b) The executive director, or the executive director's designee, may 118
	169	+	conduct any necessary review, inspection or investigation regarding 119
	170	+	applications for certificates of authorization or possible violations of 120
	171	+	sections 10a-22a to 10a-22o, inclusive, as amended by this act, section 2 121
	172	+	of this act or [of] any applicable regulations of Connecticut state 122
	173	+	agencies. In connection with any investigation, the executive director 123
	174	+	or the executive director's designee, may administer oaths, issue 124
	175	+	subpoenas, compel testimony and order the production of any record 125
	176	+	or document. If any person refuses to appear, testify or produce any 126
	177	+	record or document when so ordered, the executive director may seek 127
	178	+	relief pursuant to subsection (a) of this section. 128
	179	+	This act shall take effect as follows and shall amend the following
	180	+	sections:
	181	+
	182	+	Section 1 July 1, 2019 New section
	183	+	Sec. 2 July 1, 2019 New section
	184	+	Sec. 3 July 1, 2019 10a-34a(a)
	185	+	Sec. 4 July 1, 2019 10a-34b
	186	+	Sec. 5 July 1, 2019 10a-34e(a)
	187	+	Sec. 6 July 1, 2019 10a-22i(a)
	188	+	Sec. 7 July 1, 2019 10a-22j
	189	+	Sec. 8 July 1, 2019 10a-22o(b)
	190	+
	191	+	HED Joint Favorable
156	192