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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1399 By: Floyd
AS INTRODUCED
An Act relating to private education; amending 70
O.S. 2021, Section 21 -102.1, which relates to powers
and duties of the Oklahoma Board o f Private
Vocational Schools; providing minimum standards for
maintenance of student academic records or
transcripts and certain continuing education or
attendance certificates; amending 70 O.S. 2021,
Section 21-105.2, which relates to retention of
certain records before school closure; requiring a
school, seminar, or workshop to designate certain
official to maintain certain academic records,
transcripts, or certific ates in certain manner;
requiring a licensee to submit certain documentation
as part of a renewal application; providing an
effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 21-102.1, is
amended to read as follows:
Section 21-102.1. The Oklahoma Board of Private Vocational
Schools is authorized to:
1. Appoint and fix the c ompensation of a director who:
a. shall employ and fix the duties and compensation of
such clerical or other assistants as are reasonably
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necessary to effectuate the provisions of Section 21-
101 et seq. of this title, and
b. may execute contracts on behalf of the Board;
2. Promulgate rules to include but not be limited to the
implementation of minimum standards for the operation of private
schools and the requirements for application of a school, seminar or
workshop for a license of state authoriz ation;
3. Approve or disapprove:
a. applications for state authori zation,
b. other applications for licensing including
applications for sustained licenses,
c. requests for exemption, and
d. requests for a definition exception;
4. Issue a private school license to document state
authorization or other licensing upon de termination that such school
meets the standards fixed by the Board;
5. Prescribe, except as is otherwise provided by law and
subject to the provisions of the Administrative Procedures Act , such
penalties as it may deem proper for the enforcement of Section 21-
101 et seq. of this title, not to exceed One Thousand Dollars
($1,000.00);
6. Fix minimum standards through promulgation of rules for
private schools, which shall include standards for:
a. courses of instruction and training,
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b. qualifications of instructors,
c. financial stability,
d. advertising practices, and
e. refund of tuition and fees paid by students for
courses of instruction or training not completed ,
f. student academic records or transcripts, which shall
be maintained for a period not less than forty (40)
years following a student's completion of education or
other cessation of school enrollment, when the
training did or could have led to an initial
occupational certification, diploma , or degree, and
g. student continuing education co mpletion or attendance
certificates or the equivalent, which shall be
maintained for a period not less than seven (7) years
following the student's attendance at a continuing
education seminar or workshop providing required
continuing education training for the student to
maintain a profession al license or occupational
certification;
7. Where possible, to regulate degrees offered by distance
education, make use of the State Regents for Higher Education's
interstate reciprocity agreements to create a more efficient and
cost-effective means of the regulation of private schools;
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8. Make use of interstate reciprocity agreements that
reasonably satisfy the Board's minimum standards to appro ve state
authorization or other license application, i f such agreements
become available for other programs t he Board approves for state
authorization or other license;
9. Require an entity to repay any fees charged to the Board by
a financial institution or the State Treasurer for a returned check
or other failed form of payment;
10. Develop and present mandatory annual compliance training to
emphasize standards relating to the operation of a school and
relicensing processes, and require attendance by a representative of
each school, seminar or workshop;
11. Develop and present or arrange for the presentation of
optional training for schools to emphasize continuing development of
school personnel and processes and to address emerging issu es;
12. Provide all licensing forms free of charge via one or more
electronic means, but shall charge for the pick up or m ailing of a
hard-copy licensing application packet to a person requesting
information about private school licensing requirements;
13. Certify an electronic record or the printing of an
electronically stored record as an original, subject to approval by
the Oklahoma Archives and Records Commission and when in accordance
with the record retention and destruction policy of the Board;
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14. Conduct announced or unannounced site visits to an
applicant or licensed school or seminar including joint visits with
an accrediting organization or federal or state agency;
15. Invoice a travel fee to conduct site visits to an
applicant, school, seminar or workshop;
16. Collect or require the submission of da ta, including but
not limited to:
a. admissions,
b. certification scores or passage rates,
c. complaints or grievances,
d. enrollment,
e. funding,
f. graduation,
g. job longevity or retention,
h. job placement,
i. data required to be reported to the U.S. Department of
Education, any state or federal agency or an
accrediting organization, and
j. other data, as necessary, to carry on the mission or
duties of the Board, or to assist in the state 's
workforce development initiatives; and
17. Carry out such other duties as ne cessary to provide state
authorization for private vocational schools, seminars, and
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workshops and such other schools that make offerings of courses or
programs as permitted by Section 21-101 et seq. of this title.
SECTION 2. AMENDATORY 70 O .S. 2021, Section 21 -105.2, is
amended to read as follows:
Section 21-105.2. After A. To obtain an initial license, a
school, seminar, or workshop either voluntarily decides to cease
offering all programs of instruction or is required to do so through
proper enforcement of this act or the Oklah oma Board of Private
Vocational Schools' minimum standards, the entity shall, before
closure is complete, provide the Board with its appropriate
arrangement for the permanent retention of students ' records shall
designate an appropriate official to begin a nd continue to maintain
student academic records, transc ripts, or continuing education
completion or attendance certificates or the e quivalent to be
protected against damage or loss by fire, water , theft, tampering,
or other means. Records shall be retain ed for the time periods
specified in Section 21 -102.1 of this title in the following manner:
1. Physical copies;
2. Using documented electronic means to maintain records off -
premises;
3. By contracting with anoth er person or utilizing some other
reasonable and effective means, as approved by the Oklahoma Boa rd of
Private Vocational Schools, for record retention; or
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4. By establishing a certificate of depos it that is drawn on a
state or federal bank, savings and l oan, or credit union that is
located in Oklahoma and properly authorized to conduct busin ess in
this state in an amount not less than Twenty Thousand Dollars
($20,000.00) in favor of, or properly collateralized to, the
Oklahoma Board of Private Vocational Sc hools. The certificate of
deposit shall be used by the Board after the school closes to have
student academic records and transcripts retrieved, recovered, and
digitized by a commercial third -party vendor to maintain the
records. After digitization of ha rd copies from a closed school is
performed and verified, the hard copy records may be destroye d by
any means that ensures student privacy is protected by the
commercial entity.
B. As part of its license renewal application, a school,
seminar, or workshop shall annually submit documentation that its
student academic record retention plan including any applicable
certificate of deposit, is current.
SECTION 3. This act shall become effective July 1, 2022.
SECTION 4. It being immediately necessary for the preservati on
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-2-2981 EB 1/19/2022 10:29:25 AM