Oklahoma 2023 2023 Regular Session

Oklahoma Senate Bill SB550 Enrolled / Bill

Filed 04/24/2023

                     
 
 
An Act 
ENROLLED SENATE 
BILL NO. 550 	By: Seifried of the Senate 
 
  and 
 
  Moore and Deck of the House 
 
 
 
 
An Act relating to higher education; amending 70 O.S. 
2021, Section 4103, which relates to accreditation of 
certain institutions; directing certain policies and 
procedures to include certain provisions; providing 
for promulgation of rules; creating the Tuition 
Recovery Revolving Fund; specifying source of fund; 
providing for expenditures; providing purpose of 
fund; providing for codification; providing an 
effective date; and declaring an emergency. 
 
 
 
 
 
SUBJECT:  Higher education 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY     70 O.S. 2021, Section 4103 , is 
amended to read as follows: 
 
Section 4103. A.  As used in this sectio n: 
 
1.  “Degree-granting institution” means an institution tha t 
offers education leading to an associate ’s degree or higher; 
 
2.  “Non-degree-granting activity” means offering education or 
training that does not lead to an associate ’s degree or higher; and 
 
3.  “State authorization reciprocity agreement ” means an 
agreement among states, districts , and territories that establishes   
 
ENR. S. B. NO. 550 	Page 2 
comparable standards for providing distance education from t heir 
postsecondary educational institutions to o ut-of-state students. 
 
B. All private and out-of-state public degree-granting 
institutions shall be accredited by a national or regional an 
accrediting agency which is recognized by the Secretary of the 
United States Department of Education as a reliable authority as to 
the quality of education or training offered by institutions of 
higher education for the purposes of the Higher Education Act of 
1965, as amended.  Addi tionally, for the purposes of consumer 
protection and to maintain financial eligibility for Title IV 
funding as described in 34 CFR Part 600, institutions shall be 
authorized according to the policies and procedures established by 
the Oklahoma State Regent s for Higher Education.  These policies a nd 
procedures shall be limited to a complaint process provision, 
standards for operation, stipulations for a written enrollment 
agreement between the institution and the student and reporting 
requirements the minimum necessary to ensure that private and out-
of-state degree-granting institutions that op erate in this state by 
any modality meet the same standards of academic quality and fiscal 
responsibility required for institutions of higher education within 
The Oklahoma State System of Higher Education. Beginning with the 
2023-2024 academic year, t he State Regents shall: 
 
1.  Establish and collect fees annually from applicants for 
authorization as necessary to cover the costs of authorization; 
 
2.  Require applicants for authorization to submit payment in an 
amount established by the State Regents into the Tuition Recovery 
Revolving Fund created in Section 2 of this act, which shall be used 
to offset student tuition losses in the event an authorized 
institution closes or c eases operations; and 
 
3.  Be authorized to deny, not renew, or revoke an instituti on’s 
authorization if it is found to be in violation of the Oklahoma 
statutes, it fails to meet the minimum authorization standards 
established by the State Regents , or an accrediting agency or other 
government entity revokes its approval, which is materia l to the 
continuity of the institution. An institution subject to the 
provisions of this paragraph shall be given reasonable notice and an 
opportunity to be heard prior to a decision to deny, not renew, or 
revoke authorization.   
 
ENR. S. B. NO. 550 	Page 3 
 
C. The following institutions shall be exempt from thi s 
section: 
 
1.  Private institutions participating in the Oklahoma Tuition 
Equalization Grant program; and 
 
2.  Out-of-state public and private in stitutions participating 
in a state authorization reciprocity agreeme nt that only conduct 
activities in Oklahoma that are acceptable under the terms and 
conditions of the state authorization reciprocity a greement. 
 
C. D. Non-exempt institutions engaged in non-degree granting 
activities, such as offering certificates and diplom as, shall be 
subject to the standards ad ministered by the Oklahoma Board of 
Private Vocational Schools. 
 
E.  The State Regents shall promulgate rules to implement the 
provisions of this section. 
 
SECTION 2.     NEW LAW     A new section of law to b e codified 
in the Oklahoma Statute s as Section 4103.1 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
 
There is hereby created in the State Treasury a revolving fund 
for the Oklahoma State Regents for Higher Education to be designated 
the “Tuition Recovery Revolving Fund”. The fund shall be a 
continuing fund, not subject to fiscal year limitations, and shall 
consist of all monies received by the State Regents from fees 
collected pursuant to Section 4103 of Title 70 of the Oklahoma 
Statutes.  All monies accruing to the credit of the fund are hereby 
appropriated and may be budgeted and expended by the State Regents 
for the purpose of offsetting student tuition losses in the event 
that an institution authorized pursuant to Se ction 4103 of Title 70 
of the Oklahoma Statutes closes or ceases operations.  Expenditures 
from the fund shall be made upon warrants issued by the State 
Treasurer against claims filed as prescribed by law with the 
Director of the Office of Management and E nterprise Services for 
approval and payment. 
 
SECTION 3.  This act shall become effective July 1, 2023. 
   
 
ENR. S. B. NO. 550 	Page 4 
SECTION 4.  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. 
   
 
ENR. S. B. NO. 550 	Page 5 
Passed the Senate the 9th day of March, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 20th day of April, 2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __