33 | 27 | | |
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34 | 28 | | ENGROSSED SENATE |
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35 | 29 | | BILL NO. 363 By: Jech of the Senate |
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36 | 30 | | |
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37 | 31 | | and |
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38 | 32 | | |
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39 | 33 | | Moore of the House |
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40 | 34 | | |
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41 | 35 | | |
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42 | 36 | | |
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43 | 37 | | |
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44 | 38 | | An Act relating to higher education; amending 70 O.S. |
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45 | 39 | | 2021, Section 4103, as amended by Section 1, Chapter |
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46 | 40 | | 122, O.S.L. 2023 (70 O.S. Supp. 2024, Section 4103), |
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47 | 41 | | which relates to accreditation of private and certain |
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48 | 42 | | out-of-state institutions; defining term; requiring |
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49 | 43 | | certain institutions to be domiciled in certain |
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50 | 44 | | locations; modifying policies and procedures related |
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51 | 45 | | to accreditation; updating statutory reference; |
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52 | 46 | | exempting certain institutions from accreditation; |
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53 | 47 | | updating statutory language; amending 70 O.S. 2021, |
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54 | 48 | | Section 4104, as amended by Section 1, Chapter 117, |
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55 | 49 | | O.S.L. 2024 (70 O.S. Supp. 2024, Section 4104), which |
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56 | 50 | | relates to degrees granted by private educational |
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57 | 51 | | institutions; modifying exemption for certain |
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58 | 52 | | religious degrees; updating statutory reference; |
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59 | 53 | | providing an effective date; and declaring an |
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60 | 54 | | emergency. |
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61 | 55 | | |
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62 | 56 | | |
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63 | 57 | | |
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64 | 58 | | |
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65 | 59 | | |
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66 | 60 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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67 | 61 | | SECTION 1. AMENDATORY 70 O .S. 2021, Section 4103, as |
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68 | 62 | | amended by Section 1, Chapter 122, O.S.L. 2023 (70 O.S. Supp. 2024, |
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69 | 63 | | Section 4103), is amended to read as follows: |
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70 | 64 | | Section 4103. A. As used in this section: |
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99 | 93 | | 2. “Non-degree-granting activity” means offering education or |
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100 | 94 | | training that does not lead to an associate’s degree or higher; and |
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101 | 95 | | 3. “Religious degree-granting institution ” means an institution |
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102 | 96 | | that is domiciled within the United States or a United States |
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103 | 97 | | district or territory; is exempt from taxation pursuant to the |
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104 | 98 | | provisions of Section 501(c)(3) of the Internal Revenue Code of |
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105 | 99 | | 1986, as amended, 26 U.S.C., Section 501(c)(3) ; and offers education |
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106 | 100 | | leading to an associate’s degree or higher where the purpose, |
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107 | 101 | | content, and name of all degrees offered by the institution meet the |
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108 | 102 | | criteria set forth in paragraphs 1 and 2 of subsection B of Section |
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109 | 103 | | 4104 of this title. By offering any degrees not meeting the |
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110 | 104 | | criteria set forth in paragraphs 1 and 2 of subsection B of Section |
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111 | 105 | | 4104 of this title, an institution fails to meet the definition of a |
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112 | 106 | | religious degree-granting institution and remains subject to the |
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113 | 107 | | requirements for degree -granting institutions in subsectio n B of |
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114 | 108 | | this section as to those degrees; and |
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115 | 109 | | 4. “State authorization reciprocity agreement ” means an |
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116 | 110 | | agreement among states, districts, and ter ritories that establishes |
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117 | 111 | | comparable standards for providing distance education from their |
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118 | 112 | | postsecondary educati onal institutions to out -of-state students. |
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119 | 113 | | B. All private and out -of-state public degree-granting |
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120 | 114 | | institutions shall be accredited by an accrediting agency which is |
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149 | 143 | | training offered by institutions of higher education for the |
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150 | 144 | | purposes of the Higher Education Act of 1 965, as amended, and be |
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151 | 145 | | domiciled within the United States or a United States district or |
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152 | 146 | | territory. Additionally, for the purposes of consumer protection |
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153 | 147 | | and to maintain financial eligibility for Title IV funding as |
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154 | 148 | | described in 34 CFR Part 600, institutions shall be authorized |
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155 | 149 | | according to the policies and procedures established by the Oklahoma |
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156 | 150 | | State Regents for Higher Education. These policies and procedures |
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157 | 151 | | shall be limited to the minimum those necessary to ensure that |
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158 | 152 | | private and out-of-state degree-granting institutions that operate |
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159 | 153 | | in this state by any modality meet the same standards and outcomes |
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160 | 154 | | of academic quality, student consumer protection, and fiscal |
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161 | 155 | | responsibility required for comparable institutions of higher |
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162 | 156 | | education within The Oklahoma State System of Higher Education. |
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163 | 157 | | Beginning with the 2023 -2024 academic year, the State Regents shall: |
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164 | 158 | | 1. Establish and collect fees annually from applicants for |
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165 | 159 | | authorization as necessary to cover the costs of authorization; |
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166 | 160 | | 2. Require applicants for au thorization to submit payment in an |
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167 | 161 | | amount established by the State Regents into the Tuition Recovery |
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168 | 162 | | Revolving Fund created in Section 2 Section 4103.1 of this act |
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169 | 163 | | title, which shall be used to offset student tuition losses in the |
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170 | 164 | | event an authorized institution closes or ceases operations; and |
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199 | 193 | | statutes, it fails to meet the minimum authorization standards |
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200 | 194 | | established by the Stat e Regents, or an accrediting agency or other |
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201 | 195 | | government entity revokes its approval, which is material to the |
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202 | 196 | | continuity of the institution. An institution subject to the |
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203 | 197 | | provisions of this paragraph shall be given reasonable notice and an |
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204 | 198 | | opportunity to be heard prior to a decision to deny, not renew, or |
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205 | 199 | | revoke authorization. |
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206 | 200 | | C. The following institutions shall b e exempt from this |
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207 | 201 | | section: |
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208 | 202 | | 1. Private institutions participating in the Oklahoma Tuition |
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209 | 203 | | Equalization Grant program; and |
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210 | 204 | | 2. Out-of-state public and private institutions participating |
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211 | 205 | | in a state authorization reciprocity agreement that only conduct |
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212 | 206 | | activities in Oklahoma that are acceptable under the terms and |
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213 | 207 | | conditions of the state authorization reciprocity agreement ; |
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214 | 208 | | 3. Religious degree -granting institutions; and |
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215 | 209 | | 4. Degree-granting institutions offering in this state only |
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216 | 210 | | degrees meeting the criteria set forth in paragraphs 1 and 2 of |
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217 | 211 | | subsection B of Section 4104 of this title for the offering of |
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218 | 212 | | religious degrees. This exemption shall not apply to any degree |
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219 | 213 | | programs not meeting the criteria for religious degrees set forth in |
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220 | 214 | | paragraphs 1 and 2 of s ubsection B of Section 4104 of this title . |
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249 | 243 | | certificates and diplomas, shall be subject to the standards |
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250 | 244 | | administered by the Oklahoma Boa rd of Private Vocational Schools. |
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251 | 245 | | E. The State Regents shall promulgate rules to implement the |
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252 | 246 | | provisions of this section. |
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253 | 247 | | SECTION 2. AMENDATORY 70 O.S. 2021, Section 4104, as |
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254 | 248 | | amended by Section 1, Chapter 117, O.S.L. 2024 (70 O. S. Supp. 2024, |
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255 | 249 | | Section 4104), is amended to read as follows: |
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256 | 250 | | Section 4104. A. A private educational institution shall grant |
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257 | 251 | | only those degrees authorized by the Oklahoma State Regents for |
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258 | 252 | | Higher Education unless approved otherwise by a national or region al |
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259 | 253 | | accrediting agency which is recognized by the Secretary of the |
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260 | 254 | | United States Department of Education as a reliable authority as to |
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261 | 255 | | the quality of education or training offered by institutions of |
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262 | 256 | | higher education for the purposes of the Higher Education Act of |
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263 | 257 | | 1965, as amended. |
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264 | 258 | | B. 1. This section shall not apply to religious degrees which |
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265 | 259 | | are used solely for religious purposes within a religious |
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266 | 260 | | organization or any institution of higher education whose primary |
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267 | 261 | | sole purpose is to provide religious traini ng or theological |
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268 | 262 | | education and which is exempt from taxation pursuant to the |
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269 | 263 | | provisions of Section 501(c)(3) of the Internal Revenue Code of |
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270 | 264 | | 1986, as amended, 26 U.S.C., Section 501(c)(3). |
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299 | 293 | | placed on the degree, on the transcript, and wherever the title of |
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300 | 294 | | the degree appears in official school documents or publications. |
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301 | 295 | | SECTION 3. This act shall become effective Jul y 1, 2025. |
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302 | 296 | | SECTION 4. It being immediately necessary for the preservation |
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303 | 297 | | of the public peace, health, or safety, an emergency is hereby |
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304 | 298 | | declared to exist, by reason whereof this act shall take effect and |
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305 | 299 | | be in full force from and after it s passage and approval. |
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