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General Assembly Substitute Bill No. 6445
January Session, 2025
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE OFFICE
OF HIGHER EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 10a-57f of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2025): 2
(a) As used in this section: 3
(1) "Connecticut institution of higher education" means an institution 4
of higher education that (A) conducts instructional activities at a 5
physical location in the state, or (B) maintains an administrative office 6
in the state; and 7
(2) "Out-of-state institution of higher education" means an institution 8
of higher education that (A) is not a Connecticut institution of higher 9
education, and (B) is authorized, licensed or accredited by another state. 10
[(a) Not later than January 1, 2017, the] (b) The Office of Higher 11
Education shall enter into a multistate or regional reciprocity agreement 12
for purposes of enabling the state and Connecticut institutions of higher 13
education to participate in a nation-wide state authorization reciprocity 14
agreement (1) establishing uniform standards for distance learning 15
programs across states, and (2) eliminating the need for a state 16
participating in the state authorization reciprocity agreement to assess 17 Substitute Bill No. 6445
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the quality of a distance learning program offered by an out-of-state 18
institution of higher education through the participating state's 19
authorization, licensing and accreditation process. Notwithstanding the 20
provisions of part III of this chapter and upon the Office of Higher 21
Education entering into the multistate or regional reciprocity 22
agreement, an out-of-state institution of higher education that 23
participates in the state authorization reciprocity agreement may 24
operate a distance learning program in the state in accordance with the 25
uniform standards. 26
[(b)] (c) Any Connecticut institution of higher education that seeks to 27
participate in the nation-wide state authorization reciprocity agreement 28
under subsection [(a)] (b) of this section shall submit an application with 29
the Office of Higher Education on a form prescribed by the office. The 30
office shall approve or reject the institution's application in accordance 31
with the terms of such agreement. Authorization by the office to 32
participate in such agreement shall be valid for a period of one year and 33
may be renewed by the office for additional one-year periods. The office 34
shall establish a schedule of application and renewal fees for all 35
Connecticut institutions of higher education that participate in such 36
agreement. The fee schedule shall be graduated based on the number of 37
full-time equivalent students at each Connecticut institution of higher 38
education. 39
[(c)] (d) Any out-of-state institution of higher education that does not 40
participate in the nation-wide, state authorization reciprocity agreement 41
and seeks to operate a distance learning program in the state shall 42
submit an application to the Office of Higher Education on a form 43
prescribed by the office. Each institution shall agree to abide by 44
standards, similar to those in the nation-wide, state authorization 45
reciprocity agreement and established by the office. The office shall 46
approve or reject the institution's application in accordance with the 47
standards established by the office. Authorization by the office to 48
operate a distance learning program in the state shall be valid for a 49
period of one year and may be renewed by the office for additional one-50
year periods. The office shall establish a schedule of application and 51 Substitute Bill No. 6445
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renewal fees for all out-of-state institutions of higher education that do 52
not participate in the nation-wide, state authorization reciprocity 53
agreement and are approved by the office. The fee schedule shall be 54
graduated based on the number of full-time equivalent students 55
enrolled at each out-of-state institution of higher education. 56
[(d)] (e) Nothing in subsection [(a)] (b) of this section shall be 57
construed to affect the authority of the Attorney General to enforce the 58
provisions of chapter 735a or Title X of the Dodd-Frank Wall Street 59
Reform and Consumer Protection Act, P.L. 111-203, as amended from 60
time to time. 61
Sec. 2. Section 10a-22c of the general statutes is repealed and the 62
following is substituted in lieu thereof (Effective July 1, 2025): 63
(a) No certificate to operate a private career school shall be authorized 64
by the commissioner, or the commissioner's designee, if (1) any 65
principal, officer, member or director of the applicant school has acted 66
in a similar capacity for a private career school which has had its 67
authorization revoked pursuant to section 10a-22f; (2) the applicant 68
school does not have a net worth consisting of sufficient liquid assets or 69
other evidence of fiscal soundness to operate for the period of time for 70
which authorization is sought; (3) the applicant school or any of its 71
agents engages in advertising, sales, collection, credit or other practices 72
which are false, deceptive, misleading or unfair; (4) the applicant school 73
has any policy which discourages or prohibits the filing of inquiries or 74
complaints regarding the school's operation with the commissioner; (5) 75
the applicant school fails to satisfactorily meet the criteria set forth in 76
subsection (g) of section 10a-22b, or, on and after the effective date of 77
regulations adopted pursuant to section 10a-22k, the criteria set forth in 78
such regulations; (6) a private career school that has previously closed 79
fails to follow the procedures for school closure under section 10a-22m; 80
or (7) the applicant school does not have a director located at the school 81
and at each of its branches in this state. 82
(b) The commissioner may deny a certificate of authorization if the 83 Substitute Bill No. 6445
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person who owns or intends to operate a private career school has been 84
convicted in this state, or any other state, of larceny in violation of 85
section 53a-122 or 53a-123; identity theft in violation of section 53a-129b 86
or 53a-129c; forgery in violation of section 53a-138 or 53a-139; or has a 87
criminal record in this state, or any other state, that the commissioner 88
reasonably believes renders the person unsuitable to own and operate a 89
private career school. A refusal of a certificate of authorization under 90
this subsection shall be made in accordance with the provisions of 91
sections 46a-79 to 46a-81, inclusive. 92
(c) No certificate to operate a private career school shall be issued by 93
the commissioner pursuant to section 10a-22d, as amended by this act, 94
until such private career school seeking authorization files with the 95
commissioner certificates indicating that the buildings and premises for 96
such school meet all applicable state and local fire and zoning 97
requirements. Such certificates shall be attested to by the fire marshal 98
and zoning enforcement officer within the municipality in which such 99
school is located. 100
(d) No certificate to operate a new private career school shall be 101
issued by the commissioner pursuant to section 10a-22d, as amended by 102
this act, until such private career school seeking authorization files with 103
the commissioner an irrevocable letter of credit issued by a bank with 104
its main office or branch located within this state in the penal amount of 105
forty thousand dollars guaranteeing the payments required of the 106
school to the private career school student protection account in 107
accordance with the provisions of section 10a-22u, except that, any letter 108
of credit issued on and after the effective date of the regulations adopted 109
pursuant to section 10a-22k, shall be in a penal amount specified in such 110
regulations. The letter of credit shall be payable to the private career 111
school student protection account in the event that such school fails to 112
make payments to the account as provided in subsection (a) of section 113
10a-22u or in the event the state takes action to reimburse the account 114
for a tuition refund paid to a student pursuant to the provisions of 115
section 10a-22v, provided the amount of the letter of credit to be paid 116
into the private career school student protection account shall not 117 Substitute Bill No. 6445
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exceed the amounts owed to the account. In the event a private career 118
school fails to close in accordance with the provisions of section 10a-119
22m, the commissioner may seize the letter of credit, which shall be 120
made payable to the private career school protection account. 121
(e) No certificate to operate a private career school shall be renewed 122
by the commissioner pursuant to section 10a-22d, as amended by this 123
act, if such private career school seeking authorization has not enrolled 124
any students continually during the previous two calendar years. Upon 125
the expiration of such private career school's authorization, such private 126
career school shall follow the procedures for school closure set forth in 127
section 10a-22m. 128
[(e)] (f) The commissioner shall notify the applicant private career 129
school, by certified mail, return receipt requested of the decision to grant 130
or deny a certificate of authorization not later than sixty days after 131
receiving the written report of the evaluation team appointed pursuant 132
to subsection (e) of section 10a-22b. 133
Sec. 3. Subsection (e) of section 10a-22d of the general statutes is 134
repealed and the following is substituted in lieu thereof (Effective July 1, 135
2025): 136
(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, 137
inclusive, the commissioner may authorize the extension of the most 138
recent certificate of authorization for a period not to exceed [sixty] 139
ninety days for good cause shown, provided such extension shall not 140
change the date of the original certificate's issuance or the date for each 141
renewal. 142
Sec. 4. Section 10a-34 of the general statutes is repealed and the 143
following is substituted in lieu thereof (Effective July 1, 2025): 144
(a) For the purposes of this section, (1) "program of higher learning" 145
means any course of instruction for which it is stated or implied that 146
college or university-level credit may be given or may be received by 147
transfer, including any course offered by dual enrollment; (2) "degree" 148 Substitute Bill No. 6445
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means any letters or words, diploma, certificate or other symbol or 149
document which signifies satisfactory completion of the requirements 150
of a program of higher learning; (3) "institution of higher education" 151
means any person, school, board, association, limited liability company 152
or corporation which is authorized to offer one or more programs of 153
higher learning leading to one or more degrees; (4) "authorization" 154
means the approval by the Office of Higher Education to operate or 155
continue operating a program of higher learning or institution of higher 156
education for subsequent periods, and in such periods to confer 157
specified degrees; (5) "program modification" means (A) a change in a 158
program of higher learning that does not clearly qualify as a new 159
program of higher learning or a nonsubstantive change, including, but 160
not limited to, a new program of higher learning consisting primarily of 161
course work for a previously approved program of higher learning, (B) 162
an approved program of higher learning to be offered at an off-campus 163
location, (C) a change in the title of a degree, or (D) a change in the title 164
of a program of higher learning; [and] (6) "nonsubstantive change" 165
means (A) a new undergraduate certificate program, within an existing 166
program of higher learning, of not more than thirty semester credit 167
hours that falls under an approved program of higher learning, (B) a 168
new baccalaureate minor of not more than eighteen semester credit 169
hours, (C) a new undergraduate option or certificate program of not 170
more than fifteen semester credit hours, or (D) a new graduate option 171
or certificate program of not more than twelve semester credit hours; 172
and (7) "change of ownership" means a transaction involving an 173
institution of higher education that results in a change of control of such 174
institution, including, but not limited to, a (A) sale of such institution, 175
(B) transfer of the controlling interest of stock of such institution or a 176
parent corporation of such institution, (C) merger of two or more 177
institutions of higher education, (D) division of such institution into two 178
or more institutions of higher education, (E) transfer of liabilities of such 179
institution to a parent corporation of such institution, (F) transfer of 180
assets that comprise a substantial portion of the educational assets of 181
such institution, unless the transfer consists exclusively of granting a 182
security interest in such assets, or (G) change in the status of such 183 Substitute Bill No. 6445
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institution as a public, nonprofit or for-profit institution of higher 184
education. 185
(b) The Office of Higher Education shall establish regulations, in 186
accordance with chapter 54, concerning the requirements for 187
authorization, administration, finance, faculty, curricula, library, 188
student admission and graduation, plant and equipment, records, 189
catalogs, program announcements and any other criteria pertinent 190
thereto, as well as the periods for which authorization may be granted, 191
and the costs and procedures of evaluations as provided in subsections 192
(c), (d) and (i) of this section. 193
(c) No person, school, board, association or corporation shall confer 194
any degree unless authorized by act of the General Assembly. No 195
application for authority to confer any such degree shall be approved 196
by the General Assembly or any committee thereof, nor shall any such 197
authority be included in any charter of incorporation until such 198
application has been evaluated and approved by the Office of Higher 199
Education in accordance with regulations established by the Office of 200
Higher Education. 201
(d) The Office of Higher Education shall review all requests and 202
applications for program modifications, nonsubstantive changes, [and] 203
authorizations and change of ownership. The office shall review each 204
application in consideration of the academic standards set forth in the 205
regulations for authorization adopted by said office in accordance with 206
the provisions of subsection (b) of this section. Notwithstanding the 207
provisions of section 10a-34e, any application that is determined by the 208
office to be for (1) a program modification that meets all such academic 209
standards, (2) a nonsubstantive change, or (3) authorization shall be 210
deemed approved, and the office shall notify the institution of such 211
approval, not later than forty-five days from the date the office receives 212
such application without requiring any further action from the 213
applicant. 214
(e) If the Commissioner of Higher Education, or the commissioner's 215 Substitute Bill No. 6445
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designee, determines that further review of an application is needed due 216
at least in part to the applicant offering instruction in a new program of 217
higher learning or new degree level or the financial condition of the 218
institution of higher education is determined to be at risk of imminent 219
closure as a result of a financial screening conducted pursuant to the 220
provisions of section 10a-34h, then the commissioner or the 221
commissioner's designee shall conduct a focused or on-site review. Such 222
applicant shall have an opportunity to state any objection regarding any 223
individual selected to review an application on behalf of the 224
commissioner. For purposes of this subsection and subsection (f) of this 225
section, "focused review" means a review by an out-of-state curriculum 226
expert; and "on-site review" means a full team evaluation by the office 227
at the institution of higher education. 228
(f) The Commissioner of Higher Education, or the commissioner's 229
designee, may require (1) a focused or on-site review of any program 230
application in a field requiring a license to practice in Connecticut, and 231
(2) evidence that a program application in a field requiring a license to 232
practice in Connecticut meets the state or federal licensing requirements 233
for such license. 234
(g) Any application for authorization of a new institution in this state 235
shall be subject to an on-site review upon a determination by the Office 236
of Higher Education that the application is complete and shall be 237
reviewed at the institutional level for each program as described in 238
subsection (b) of this section. Such process shall be completed not later 239
than nine months from the date said office receives the application. 240
(h) If the Office of Higher Education denies an application for 241
authorization of a program or institution of higher education, the 242
applicant may appeal the denial not later than ten days from the date of 243
denial. The office shall conduct a hearing in accordance with the 244
requirements of chapter 54 to hear such appeal. 245
(i) No person, school, board, association or corporation shall operate 246
a program of higher learning or an institution of higher education unless 247 Substitute Bill No. 6445
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it has been authorized by the Office of Higher Education, nor shall it 248
confer any degree unless it has been authorized in accordance with this 249
section. The office shall accept accreditation recognized by the Secretary 250
of the United States Department of Education, in satisfaction of the 251
requirements of this subsection unless the office finds cause not to rely 252
upon such accreditation. If any institution of higher education provides 253
evidence of programmatic accreditation, the office may consider such 254
accreditation in satisfaction of the requirements of this subsection and 255
deem the program at issue in the application for accreditation to be 256
accredited in accordance with this section. 257
(j) No person, school, board, association or corporation shall use in 258
any way the term "junior college" or "college" or "university" or use any 259
other name, title, literature, catalogs, pamphlets or descriptive matter 260
tending to designate that it is an institution of higher education, or that 261
it may grant academic or professional degrees, unless the institution has 262
been authorized by the office, nor shall it offer any program of higher 263
learning without authorization of the Office of Higher Education. 264
(k) Authorization of any program or institution or authority to award 265
degrees granted in accordance with law prior to July 1, 1965, shall 266
continue in effect unless the Office of Higher Education determines that 267
an institution is at risk of imminent closure as a result of a financial 268
screening conducted pursuant to the provisions of section 10a-34h. 269
(l) Notwithstanding the provisions of subsections (b) to (j), inclusive, 270
of this section and subject to the authority of the State Board of 271
Education to regulate teacher education programs, an independent 272
institution of higher education, as defined in section 10a-173, shall not 273
require approval by the Office of Higher Education for any new 274
programs of higher learning or any program modifications proposed by 275
such institution, provided (1) the institution maintains eligibility to 276
participate in financial aid programs governed by Title IV, Part B of the 277
Higher Education Act of 1965, as amended from time to time, (2) the 278
United States Department of Education has not determined that the 279
institution has a financial responsibility score that is less than 1.5 for the 280 Substitute Bill No. 6445
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most recent fiscal year for which the data necessary for determining the 281
score is available, and (3) the institution has been located in the state and 282
accredited as a degree-granting institution in good standing for ten 283
years or more by a regional accrediting association recognized by the 284
Secretary of the United States Department of Education and maintains 285
such accreditation status. Each institution that is exempt from program 286
approval by the Office of Higher Education under this subsection shall 287
(A) on or before the last date of each semester, but not less frequently 288
than annually, update the credentials database, established pursuant to 289
the provisions of section 10a-35b, with any new programs of higher 290
learning that were introduced or any existing programs of higher 291
learning that were modified or discontinued during such semester, and 292
(B) not later than July 1, 2024, and annually thereafter, file with the office 293
(i) the institution's current program approval process and all actions of 294
the governing board concerning approval of any new program of higher 295
learning, and (ii) the institution's financial responsibility composite 296
score, as determined by the United States Department of Education, for 297
the most recent fiscal year for which the data necessary for determining 298
the score is available. 299
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2025 10a-57f
Sec. 2 July 1, 2025 10a-22c
Sec. 3 July 1, 2025 10a-22d(e)
Sec. 4 July 1, 2025 10a-34
HED Joint Favorable Subst.
Statement of Legislative Commissioners:
In Section 4(a)(7)(B) and (E), "of such institution" was inserted after
"parent corporation" for clarity.