Text: HSB00594                          Text: HSB00596
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 595

Bill Text

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 register annually with 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 collect an a
  2 24 nonrefundable initial registration fee of one thousand dollars
  2 25 and an annual a renewal of registration fee of five hundred
  2 26 dollars from 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

Return To Home index


© 2004 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Jan 30 03:30:41 CST 2004
URL: /DOCS/GA/80GA/Legislation/HSB/00500/HSB00595/040129.html
jhf