Text: HSB00594 Text: HSB00596 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 256.7, subsection 3, Code Supplement 1 2 2003, is amended to read as follows: 1 3 3. Prescribe standards and procedures for the approval of 1 4 practitioner preparation programs and professional development 1 5 programs,offered in this state by practitioner preparation 1 6 institutions located within or outside this state and by area 1 7 education agencies, in this state. Procedures provided for 1 8 approval of programs shall include procedures for enforcement 1 9 of the prescribed standards and shall not include a procedure 1 10 for the waiving of any of the standards prescribed. The board 1 11 may establish by rule and collect from practitioner 1 12 preparation institutions located outside this state a 1 13 reasonable fee based on the department's costs for 1 14 administration of the program approval process. Fees 1 15 collected under this subsection shall be deposited in the 1 16 general fund of the state. 1 17 Sec. 2. Section 261.2, Code 2003, is amended by adding the 1 18 following new subsection: 1 19 NEW SUBSECTION. 7. Establish reasonable registration 1 20 standards for the approval, pursuant to section 261B.3A, of 1 21 postsecondary schools that are required to register with the 1 22 secretary of state in order to operate in this state. 1 23 Sec. 3. Section 261.37, subsection 7, Code Supplement 1 24 2003, is amended to read as follows: 1 25 7. To establish an effective system for the collection of 1 26 delinquent loans, including the adoption of an agreement with 1 27 the department of administrative services to set off against a 1 28 defaulter's income tax refund or rebate the amount that is due 1 29 because of a default on a guaranteed or parental loan made 1 30 under this division. The commission shall adopt rules under 1 31 chapter 17A necessary to assist the department of 1 32 administrative services in the implementation of the student 1 33 loan setoff program as established under section 8A.504. The 1 34 commission shall apply administrative wage garnishment 1 35 procedures authorized under the federal Higher Education Act 2 1 of 1965, as amended and codified in 20 U.S.C. } 1071 et seq., 2 2 for all delinquent loans, including loans authorized under 2 3 section 261.38, when a defaulter fails to voluntarily enter 2 4 into a reasonable payment agreement. 2 5 Sec. 4. Section 261B.3, subsection 1, Code 2003, is 2 6 amended to read as follows: 2 7 1. A school that maintains or conducts one or more courses 2 8 of instruction, including courses of instruction by 2 9 correspondence, offered in this state or which has a presence 2 10 in this state and offers courses in other states or foreign 2 11 countries shall registerannuallywith the secretary. 2 12 Registrations shall be renewed every four years or upon any 2 13 substantive change in program offerings, location, or 2 14 accreditation. Registration shall be made on application 2 15 forms approved and supplied by the secretary and at the time 2 16 and in the manner prescribed by the secretary. Upon receipt 2 17 of a complete and accurate registration application, the 2 18 secretary shall issue an acknowledgment of document filed and 2 19 send it to the school. 2 20 Sec. 5. Section 261B.8, Code 2003, is amended to read as 2 21 follows: 2 22 261B.8 REGISTRATION FEES. 2 23 1. The secretary shall set by rule and collectana 2 24 nonrefundable initial registration feeof one thousand dollars2 25 andan annuala renewal of registration feeof five hundred2 26dollarsfrom each registered school. 2 27 2. Fees shall be set by rule not more than once each year 2 28 and shall be based upon the costs of administering this 2 29 chapter. 2 30 3. Fees collected under this section shall be deposited in 2 31 the general fund of the state. Civil penalties ordered 2 32 pursuant to section 261B.12 shall be paid to the treasurer of 2 33 state to be deposited in the general fund of the state. 2 34 Sec. 6. Section 261B.12, Code 2003, is amended to read as 2 35 follows: 3 1 261B.12 ENFORCEMENT. 3 2 1. When the secretary or the secretary's designee believes 3 3 a school is in violation of this chapter, the secretary shall 3 4 order the school to show cause why the secretary should not 3 5 issue a cease and desist order to the school. 3 6 2. After the school's response to the show cause order has 3 7 been reviewed by the secretary, the secretary may issue a 3 8 cease and desist order to the school if the secretary believes 3 9 the school continues to be in violation of this chapter. If 3 10 the school does not cease and desist, the secretary may seek 3 11 judicial enforcement of the cease and desist order in any 3 12 district court. 3 13 3. A school determined to be in violation of this chapter 3 14 is subject to a civil penalty to be assessed by the secretary 3 15 commensurate with the seriousness of the violation and the 3 16 amount of fees due. 3 17 4. A school that demonstrates a pattern of violations of 3 18 this chapter may be ordered to pay punitive damages. 3 19 5. The secretary shall adopt by rule a schedule of civil 3 20 penalties and punitive damages to be assessed for minor and 3 21 serious violations of this chapter. 3 22 EXPLANATION 3 23 This bill relates to the approval and registration of 3 24 postsecondary schools by the department of education, the 3 25 college student aid commission, and the secretary of state. 3 26 The bill authorizes the state board of education to 3 27 approve, and to establish fees for the approval of, out-of- 3 28 state practitioner preparation programs. 3 29 The bill directs the college student aid commission to 3 30 establish standards for the approval of postsecondary schools 3 31 that are required to register with the secretary, and expands 3 32 the commission's authority to collect delinquent loans by 3 33 permitting the commission to garnishee the wages of a person 3 34 who defaults on a loan. 3 35 The bill strikes language that requires postsecondary 4 1 schools to annually register with the secretary of state, and 4 2 instead requires the schools to register once every four 4 3 years, or upon any substantive change in program offerings, 4 4 location, or accreditation. 4 5 The bill directs the secretary of state to establish 4 6 registration and renewal fees for postsecondary schools 4 7 required to register with the secretary. Currently, the Code 4 8 sets the fee for initial registration at $1,000, with annual 4 9 renewals at $500. 4 10 The bill establishes a civil penalty to be assessed by the 4 11 secretary of state and permits the ordering of punitive 4 12 damages for postsecondary schools that fail to register or pay 4 13 registration fees to the secretary as required under Code 4 14 chapter 261B. The bill directs the secretary to adopt by rule 4 15 a schedule of civil penalties and punitive damages for minor 4 16 and serious violations of the Code chapter. Moneys collected 4 17 by the secretary in the form of fees or civil penalties must 4 18 be deposited in the general fund of the state. 4 19 LSB 5275DP 80 4 20 kh/sh/8
Text: HSB00594 Text: HSB00596 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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