Req. No. 804 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 550 By: Seifried AS INTRODUCED An Act relating to higher education; amend ing 70 O.S. 2021, Section 4103, which relates to accreditation of certain institutions; direc ting certain policies and procedures to include certain provisions ; providing for promulgation of rules; creating the Tuition Recovery Revolving Fund; specifying s ource of fund; providing for expenditures; providing purpose of fund; providing for codificat ion; 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 4103 , is amended to read as follows: Section 4103. A. As used in this section: 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 Req. No. 804 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 comparable standards for providing distance education from t heir postsecondary educational institutions to out -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 auth ority 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 operat e 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; Req. No. 804 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Require applicants for authorization to submit payment in an amount established by the State Regents into the Tu ition 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 institution ’s authorization if it is found to be in vi olation 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 material to th e 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. C. The following institutions sha ll be exempt from this 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 Req. No. 804 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subject to the standards administered 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 be codified in the Oklahoma Statutes 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 Section 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 Enterprise Serv ices for approval and payment. SECTION 3. This act shall become effective July 1, 2023. Req. No. 804 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 thi s act shall take effect and be in full force from and after its passage and approval. 59-1-804 EB 1/17/2023 5:35:12 PM