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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 211 By: Dugger of the Senate
and
Luttrell of the House
An Act relating to private education; amending
Section 4, Chapter 276, O.S.L. 2014 (70 O.S. Supp.
2020, Section 21-102.1), which relates to powers and
duties of the Oklahoma Board of Private Vocational
Schools; providing for applications for sustained
licenses; requiring the Board to develop and present
certain training, conduct certain site visits,
invoice certain travel fees and require submission of
certain data; amending 70 O.S. 2011, Section 21 -106,
as amended by Section 10, Chapter 276, O.S.L. 2014
(70 O.S. Supp. 2020, Section 21 -106), which relates
to license expiration and renewal; providing criteria
for certain sustained license; establishing fees for
review of certain catalog or catalog addendums;
establishing fee for certain review of certain
documentation; allowing certain fee payment to be
applied as a credit against certain subsequent fee;
establishing fees for certain training, review of
certain enrollment agreements and site visits;
directing certain base fees to increase by certain
percentage in certain fiscal year; prohibiting a site
fee from being charged under certain circumstances;
updating statutory references; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY Section 4, Chapter 276, O.S.L.
2014 (70 O.S. Supp. 20 20, 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 compensation of a director who:
a. shall employ and fix the duties and compensation of
such clerical or other assistants as are reasonably
necessary to effectuate the provisions of this act
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 authorization;
3. Approve or disapprove:
a. applications for state authorization,
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 determination that such scho ol
meets the standards fixed by the Board;
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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 this act
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,
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 , and
shall promulgate and adopt reasonable rules and
regulations for the implementation of such minimum
standards for the operation of private schools ;
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;
8. Make use of interstate reciprocity agreements that
reasonably satisfy the Board 's minimum standards to approve state
authorization or other license application, if such agreements
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become available for other programs the 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 presentatio n of
optional training for schools to emphasize continuing development of
school personnel and processes and to address emerging issues;
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;
12. 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;
14. Conduct announced or unannounced site visits to an
applicant or licensed school or seminar including joint visits wit h
an accrediting organization or federal or state agency;
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15. Invoice a travel fee to conduct site visits to an
applicant, school, seminar or workshop;
13. 16. Collect or require the submission of data, 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, and
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
14. 17. Carry out such other duties as necessary to provide
state authorization for private vocational schools, seminars, and
workshops and such other schools that make offerings of courses or
programs as permitted by this act Section 21-101 et seq. of this
title.
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SECTION 2. AMENDATORY 70 O.S. 2011, Sec tion 21-106, as
amended by Section 10, Chapter 276, O.S.L. 2014 (70 O.S. Supp. 20 20,
Section 21-106), is amended to read as follows:
Section 21-106. A. A license issued pursuant to this act
Section 21-101 et seq. of this title shall expire annually on Ju ne
30. Such license shall be renewed annually with the complete
renewal application and any and all appropriate fees due prior to
expiration annually on or before June 1 of each year. Licenses
shall be renewed by the Oklahoma Board of Private Vocational Schools
if the Board determines that such school remains in compliance with
the standards or other requirements set by the Board. The license
of any school licensed by the Board to provide postsecondary
education or other limited offering may be revoked i f the school is
found to be in violation of the Oklahoma Statutes, the minimum
standards established by the Board , or if an accreditation
organization or other governmental entity 's approval, material to
the continuity of the school, is revoked.
B. If a school is accredited by an accrediting organization
approved by the U.S. Department of Education for multiple years, a
sustained license may be obtained annually during the period of the
multi-year accreditation.
C. A license of a school shall not be effec tive unless the
private school has filed with the Board a corporate surety bond or a
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certificate of deposit in a manner and in an amount as is required
by the Board.
C. D. Private schools or applicants shall pay the following
base fees to the Board:
1. One Thousand Two Hundred Dollars ($1,200.00) per license
shall be paid to the Board for the issuance of an initial license
for a school, seminar, or workshop to provide postsecondary
education or other vocational -technical education or training
pursuant to the provisions of this act Section 21-101 et seq. of
this title;
2. Three Hundred Dollars ($300.00) shall be paid for the
initial license of each new branch. A branch 's renewal fee shall be
based on the tuition it collected;
3. For each renewal of a lic ense, a fee based on the tuition
collected by a school, workshop or seminar from residents of
Oklahoma or other persons present in Oklahoma, as shown in the
current financial statement of the school , shall be paid to the
Board. If a school, workshop or se minar does not provide adequate
details of its Oklahoma tuition, then the renewal fee shall be based
on the nationwide tuition reported. For each main and branch
school, seminar, or workshop, the renewal fees shall be calculated
based upon the level of ne t tuition in the immediate prior calendar
year as follows:
OKLAHOMA OR NATIONWIDE TUITION INCOME RENEWAL FEE
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$50,000.00 or less $ 700.00
$50,000.01 to $250,000.00 $ 800.00
$250,000.01 to $500,000.00 $ 950.00
$500,000.01 to $1,000,000.00 $1,100.00
$1,000,000.01 to $3,000,000.00 $1,300.00
$3,000,000.01 and above $1,500.00;
4. Solicitor license:
a. Two Hundred Dollars ($200.00) during the first
licensing period of a school, seminar or workshop, for
each license,
b. One Hundred Dollars ($100.00) for the sec ond and
consecutive licensing periods of the school, seminar
or workshop, for each license applied for or renewed;
5. Fifty Dollars ($50.00) for the review of a new A review fee
for a revised or replacement catalog or changes to an approved
catalog, catalog addendum(s) or a combination of a catalog and
catalog addendum(s) per campus included in the catalog or addendums
to be charged as follows:
a. One Hundred Dollars ($100.00) for the review of a
revised or replacement catalog that does not include a
program change or addition, or
b. One Hundred Fifty Dollars ($150.00) for the review of
the related catalog, catalog addendum or a combination
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of a catalog and catalog addendum that adds or revises
a program of study consisting of multiple courses ;
6. In addition to the appropriate catalog change fee, a fee of
Twenty-five Dollars ($25.00) A review fee of Fifty Dollars ($50.00)
shall be paid in addition to the review fee provided for in
paragraph 5 of this subsection whenever a main or branch private
school changes location; and
7. One Hundred Dollars ($100.00) A review fee of Fifty Dollars
($50.00) shall also be paid whenever a school, seminar or workshop
is required to provide preliminary Board review or approval
documentation to be forwarded to an accrediting organization, the
U.S. Department of Education or another state or federal agency;
8. The payment of the fee required by paragraph 7 of this
subsection shall be applied as a credit against the subsequent fee
for a review of a catalog or catalog addendum( s) that is submitted
to include incorporation of the same topic(s) following final
approval of the subject matter by an accreditor or the U.S.
Department of Education;
9. Two Hundred Dollars ($200.00) shall be paid by each school
to the Board for attendan ce at a school workshop or webinar by the
school's required personnel, although one person may attend to
represent multiple, related schools ;
10. Two Hundred Dollars ($200.00) for a half -day and Three
Hundred Dollars ($300.00) for a full day of optional t raining; and
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11. Forty Dollars ($40.00) by each school, seminar or workshop
for review of each revised or replacement enrollment agreement
including single enrollment agreements to be used by multiple
related entities.
E. The base fees authorized by para graphs 1, 2 and 3 of
subsection D of this section shall increase by seven percent (7%)
for the fiscal year ending June 30, 202 2.
D. F. If the annual licensing renewal application is not
complete on or before the first day of June each year, the fee for
license renewal shall become delinquent and the license shall not be
renewed except upon payment of an additional late fee. Late fees
shall be determined based upon the school 's past history of
submitting late filings. The appropriate late fees shall be pa id in
full prior to the Board 's issuance of a renewal license in the
following amounts:
1. Two Hundred Fifty Dollars ($250.00) for a first violation;
2. Five Hundred Dollars ($500.00) for a second violation within
ten (10) years of the first late filing, whether consecutive or not;
and
3. One Thousand Dollars ($1,000.00) for a third violation
within ten (10) years of the first late filing, whether consecutive
or not.
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Each violation beyond the third shall result in the school,
seminar or workshop being re quired to seek new or initial licensure
and only after payment of the full fee for a new license.
E. G. Twenty-five Dollars ($25.00) for each license application
packet, although packets provided by one or more electronic means
shall be free of charge.
H. In-state site visit fees shall be charged for the purpose of
reviewing compliance with minimum standards or contractual
agreements, facility inspection or complaint investigation. The
fees shall be charged to an applicant, school, seminar or workshop
as follows:
1. Two Hundred Twenty -five Dollars ($225.00) per day when the
site visit does not require overnight lodging;
2. Four Hundred Fifty Dollars ($450.00) per day if overnight
lodging is required; and
3. Travel fees to multiple entities on the same day may be
apportioned or prorated when each visit involves on -site time of
less than three (3) hours.
I. An in-state visit fee shall not be charged:
1. When the Board joins an accrediting organization, the U.S.
Department of Education or another state o r federal agency with the
organization or agency 's site visit to an applicant, school, seminar
or workshop; or
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2. For a brief visit to an applicant, school, seminar or
workshop that requires no advance preparation work on the part of
the Board.
F. J. The Board shall be authorized to require reimbursement
for any fees charged by a financial institution or the State
Treasurer for a returned check or other failed form of payment. The
amount to be reimbursed shall be invoiced to an entity within forty -
five (45) days after the Board 's first knowledge of the fee.
G. K. All fees, penalties and fines collected by the Board
pursuant to the provisions of this act Section 21-101 et seq. of
this title shall be deposited with the State Treasurer for credit to
the Oklahoma Board of Private Vocational Schools Revolving Fund.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/06/2021
- DO PASS.