Senate Bill No. 81
Public Act No. 19-87
AN ACT MAKING CERTAI N INSTITUTIONS OF HI GHER
EDUCATION AND PRIVAT E OCCUPATIONAL SCHOO LS
INELIGIBLE FOR PUBLIC FUNDS AND LICENSUR E.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) (a) On and after January 1,
2020, any for-profit institution of higher education licensed to operate
in the state that requires any student, as a condition of enrollment, to
enter into an agreement that (1) limits participation in a class action
against such institution, (2) limits any claim the student may have
against such institution or the damages for such claim, or (3) requires
the student to assert any claim against such institution in a forum that
is less convenient, more costly or more dilatory for the resolution of a
dispute than a judicial forum established in the state where the student
may otherwise properly bring a claim, shall include in its application
to the Office of Higher Education for initial or renewed institutional
licensure or accreditation pursuant to section 10a-34 of the general
statutes, a statement (A) disclosing the number of claims made against
the institution, including claims made against a parent organization or
subsidiary of the institution, by a student currently or formerly
enrolled at the institution, (B) a description of the nature of the rights
asserted, and (C) the status of such claims. The institution shall submit
additional details regarding such claims as the executive director of the Senate Bill No. 81
Public Act No. 19-87 2 of 5
Office of Higher Education may require.
(b) The executive director of the Office of Higher Education may
deny the application for initial or renewed license or accreditation of a
for-profit institution of higher education or consider a for-profit
institution of higher education ineligible to receive any public funds,
including, but not limited to, federal funds administered by the office
pursuant to section 10a-45 of the general statutes if (1) such institution
fails to include the statement required under subsection (a) of this
section in its application, or (2) upon review of such statement, the
executive director determines that the public policy of protecting the
interests of students in the state requires such denial. Notwithstanding
the provisions of subsection (i) of section 10a-34 of the general statutes,
the executive director may deny the accreditation of an institution of
higher education, for the purposes of this subsection, by refusing to
accept or withdrawing any previous acceptance of regional
accreditation made under subsection (i) of said section.
(c) The executive director of the Office of Higher Education shall
have the authority granted under sections 10a-34a, 10a-34b and 10a-34e
of the general statutes, as amended by this act, to investigate and
enforce the provisions of subsections (a) and (b) of this section.
Sec. 2. (NEW) (Effective July 1, 2019) (a) On and after January 1, 2020,
any private occupational school, as defined in section 10a-22a of the
general statutes, that requires any student, as a condition of
enrollment, to enter into an agreement that (1) limits participation in a
class action against such school, (2) limits any claim the student may
have against such school or the damages for such claim, or (3) requires
the student to assert any claim against such school in a forum that is
less convenient, more costly or more dilatory for the resolution of a
dispute than a judicial forum established in the state where the student
may otherwise properly bring a claim, shall include in its application
to the Office of Higher Education for initial or renewed certificate of Senate Bill No. 81
Public Act No. 19-87 3 of 5
authorization pursuant to sections 10a-22b and 10a-22d of the general
statutes, a statement (A) disclosing the number of claims made against
the school, including claims made against a parent organization or
subsidiary of the school, by a student currently or formerly enrolled at
the school, (B) describing the nature of the rights asserted, and (C)
updating the status of such claims. The school shall submit additional
details regarding such claims as the executive director of the Office of
Higher Education may require.
(b) The executive director of the Office of Higher Education may
deny the application for initial or renewed certificate of authorization
of a private occupational school or consider a private occupational
school ineligible to receive any public funds, including, but not limited
to, federal funds administered by the office pursuant to section 10a-45
of the general statutes if (1) such school fails to include the statement
required under subsection (a) of this section in its application, or (2)
upon review of such statement, the executive director determines that
the public policy of protecting the interests of students in the state
requires such denial.
(c) The executive director of the Office of Higher Education shall
have the authority granted under sections 10a-22i, 10a-22j and 10a-22o
of the general statutes, as amended by this act, to investigate and
enforce the provisions of subsections (a) and (b) of this section.
Sec. 3. Subsection (a) of section 10a-34a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(a) The executive director of the Office of Higher Education may
assess any person, school, board, association or corporation which
violates any provision of section 10a-34, [or] 10a-35 or section 1 of this
act an administrative penalty in an amount not to exceed five hundred
dollars for each day of such violation. Senate Bill No. 81
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Sec. 4. Section 10a-34b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
The executive director, through the Attorney General, may seek an
order from the [superior court] Superior Court to prevent any violation
of sections 10a-34, [and] 10a-35 and section 1 of this act through the use
of an injunction in accordance with the provisions of chapter 916.
Sec. 5. Subsection (a) of section 10a-34e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(a) The Office of Higher Education may conduct any necessary
review, inspection or investigation regarding applications for licensure
or accreditation or possible violations of this section, [and] sections
10a-34 to 10a-34d, inclusive, as amended by this act, section 1 of this
act or [of] any applicable regulations of Connecticut state agencies. In
connection with any investigation, the executive director or the
executive director's designee, may administer oaths, issue subpoenas,
compel testimony and order the production of any record or
document. If any person refuses to appear, testify or produce any
record or document when so ordered, the executive director may seek
relief pursuant to section 10a-34d.
Sec. 6. Subsection (a) of section 10a-22i of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(a) The executive director may assess any person, board,
partnership, association, corporation, limited liability company or
other entity which violates any provision of sections 10a-22a to 10a-
22o, inclusive, as amended by this act, sections 10a-22u to 10a-22w,
inclusive, section 2 of this act or regulations adopted pursuant to
section 10a-22k an administrative penalty in an amount not to exceed Senate Bill No. 81
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five hundred dollars for each day of such violation.
Sec. 7. Section 10a-22j of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
The executive director, through the Attorney General, may seek an
order from the Superior Court to prevent any violation of sections 10a-
22a to 10a-22o, inclusive, as amended by this act, [or] sections 10a-22u
to 10a-22w, inclusive, or section 2 of this act.
Sec. 8. Subsection (b) of section 10a-22o of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(b) The executive director, or the executive director's designee, may
conduct any necessary review, inspection or investigation regarding
applications for certificates of authorization or possible violations of
sections 10a-22a to 10a-22o, inclusive, as amended by this act, section 2
of this act or [of] any applicable regulations of Connecticut state
agencies. In connection with any investigation, the executive director
or the executive director's designee, may administer oaths, issue
subpoenas, compel testimony and order the production of any record
or document. If any person refuses to appear, testify or produce any
record or document when so ordered, the executive director may seek
relief pursuant to subsection (a) of this section.