House File 364 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON EDUCATION

                                       (SUCCESSOR TO HF 186)


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act transferring the authority to register postsecondary
  2    schools from the secretary of state to the college student aid
  3    commission and providing for related matters, and making
  4    penalties applicable.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1860HV 83
  7 kh/nh/14

PAG LIN



  1  1    Section 1.  Section 261.2, subsection 7, unnumbered
  1  2 paragraph 1, Code 2009, is amended to read as follows:
  1  3    Adopt rules to establish reasonable registration standards
  1  4 for the approval, pursuant to section 261B.3A, of
  1  5 postsecondary schools that are required to register with the
  1  6 secretary of state commission in order to operate in this
  1  7 state.  The registration standards established by the
  1  8 commission shall ensure that all of the following conditions
  1  9 are satisfied:
  1 10    Sec. 2.  Section 261.2, subsection 8, Code 2009, is amended
  1 11 by striking the subsection.
  1 12    Sec. 3.  Section 261B.2, Code 2009, is amended by adding
  1 13 the following new subsection:
  1 14    NEW SUBSECTION.  0A.  "Commission" means the college
  1 15 student aid commission created pursuant to section 261.1.
  1 16    Sec. 4.  Section 261B.2, subsection 4, Code 2009, is
  1 17 amended by striking the subsection.
  1 18    Sec. 5.  Section 261B.3, Code 2009, is amended to read as
  1 19 follows:
  1 20    261B.3  REGISTRATION.
  1 21    1.  A Except as provided in section 261B.11, a school that
  1 22 maintains or conducts one or more courses of instruction,
  1 23 including courses of instruction by correspondence or other
  1 24 distance delivery method, offered in this state or which has a
  1 25 presence in this state and offers courses in other states or
  1 26 foreign countries shall register with the secretary
  1 27 commission.  Registrations shall be renewed every four years
  1 28 or upon any substantive change in program offerings, location,
  1 29 or accreditation.  Registration shall be made on application
  1 30 forms approved and supplied by the secretary commission and at
  1 31 the time and in the manner prescribed by the secretary
  1 32 commission.  Upon receipt of a complete and accurate
  1 33 registration application, the secretary commission shall issue
  1 34 an acknowledgment of document filed and send it to the school.
  1 35    2.  The secretary commission may request additional
  2  1 information as necessary to enable the secretary commission to
  2  2 determine the accuracy and completeness of the information
  2  3 contained in the registration application.  If the secretary
  2  4 commission believes that false, misleading, or incomplete
  2  5 information has been submitted in connection with an
  2  6 application for registration, the secretary commission may
  2  7 deny registration.  The secretary commission shall conduct a
  2  8 hearing on the denial if a hearing is requested by a school.
  2  9 The secretary commission may withhold an acknowledgment of
  2 10 document filed pending the outcome of the hearing.  Upon a
  2 11 finding after the hearing that information contained in the
  2 12 registration application is false, misleading, or incomplete,
  2 13 the secretary commission shall deny an acknowledgment of
  2 14 document filed to the school.  The secretary commission shall
  2 15 make the final decision on each registration. However, the
  2 16 decision of the secretary commission is subject to judicial
  2 17 review in accordance with section 17A.19.
  2 18    3.  The secretary commission shall adopt rules under
  2 19 chapter 17A for the implementation of this chapter.
  2 20    Sec. 6.  Section 261B.3A, Code 2009, is amended to read as
  2 21 follows:
  2 22    261B.3A  REQUIREMENTS.
  2 23    1.  In order to register, a school shall be accredited by
  2 24 an agency or organization approved or recognized by the United
  2 25 States department of education or a successor agency, be
  2 26 approved by any other state agency authorized to approve the
  2 27 school in this state, and, except as provided in subsection 2
  2 28 subsequently, be approved for operation by the college student
  2 29 aid commission.
  2 30    2.  A practitioner preparation program that is operated by
  2 31 a school that applies to register the program in accordance
  2 32 with this chapter shall, in order to register, be accredited
  2 33 by an agency or organization approved or recognized by the
  2 34 United States department of education or a successor agency
  2 35 and, in addition, be approved by the state board of education
  3  1 pursuant to section 256.7, subsection 3, and, subsequently, be
  3  2 approved for operation by the commission.
  3  3    3.  Nothing in this chapter shall be construed to exempt a
  3  4 school from the requirements of chapter 490 or 491.
  3  5    Sec. 7.  Section 261B.4, unnumbered paragraph 1, Code 2009,
  3  6 is amended to read as follows:
  3  7    As a basis for registration, schools shall provide the
  3  8 secretary commission with the following information:
  3  9    Sec. 8.  Section 261B.5, Code 2009, is amended to read as
  3 10 follows:
  3 11    261B.5  CHANGES.
  3 12    If any information provided to the secretary commission
  3 13 under section 261B.3 or 261B.4 changes, the school shall
  3 14 inform the secretary commission within ninety days of the
  3 15 effective date of the change on forms prescribed and furnished
  3 16 in the format specified by the secretary commission.
  3 17    Sec. 9.  Section 261B.6, Code 2009, is amended to read as
  3 18 follows:
  3 19    261B.6  LIST OF SCHOOLS.
  3 20    The secretary commission shall maintain a list of
  3 21 registered schools and the list and the information submitted
  3 22 under sections 261B.3 and 261B.4 are public records under
  3 23 chapter 22.
  3 24    Sec. 10.  Section 261B.7, Code 2009, is amended to read as
  3 25 follows:
  3 26    261B.7  UNAUTHORIZED REPRESENTATION.
  3 27    Neither a school nor its officials or employees shall
  3 28 advertise or represent that the school is approved or
  3 29 accredited by the secretary commission or the state of Iowa
  3 30 nor shall it use the registration as a reference in
  3 31 promotional materials.
  3 32    Sec. 11.  Section 261B.8, subsection 1, Code 2009, is
  3 33 amended to read as follows:
  3 34    1.  The secretary commission shall set by rule and collect
  3 35 a nonrefundable initial registration fee and a renewal of
  4  1 registration fee from each registered school.
  4  2    Sec. 12.  Section 261B.10, Code 2009, is amended by
  4  3 striking the section and inserting in lieu thereof the
  4  4 following:
  4  5    261B.10  ADVISORY COMMITTEE.
  4  6    1.  The commission shall establish an advisory committee on
  4  7 postsecondary registration to review and make recommendations
  4  8 relating to applications from schools required to register
  4  9 pursuant to this chapter.  The commission shall adopt rules
  4 10 establishing the policies and procedures of the advisory
  4 11 committee.  Meetings of the advisory committee are subject to
  4 12 the requirements of chapter 21.
  4 13    2.  The members of the advisory committee on postsecondary
  4 14 registration shall include one representative from the
  4 15 commission and one representative from each of the following:
  4 16    a.  The state board of regents.
  4 17    b.  The department of education.
  4 18    c.  The office of the attorney general.
  4 19    d.  A community college located in this state.
  4 20    e.  A not=for=profit accredited private institution as
  4 21 defined in section 261.9, incorporated or otherwise organized
  4 22 under the laws of this state.
  4 23    f.  A for=profit accredited private institution as defined
  4 24 in section 261.9, subsection 1, incorporated or otherwise
  4 25 organized under the laws of this state.
  4 26    Sec. 13.  Section 261B.11, subsections 8 and 9, Code 2009,
  4 27 are amended to read as follows:
  4 28    8.  Schools and educational programs conducted by religious
  4 29 organizations solely for the religious instruction of members
  4 30 leadership practitioners of that religious organization.
  4 31    9.  Postsecondary educational institutions licensed by the
  4 32 state of Iowa prior to July 1, 2009, to conduct business in
  4 33 the state.
  4 34    Sec. 14.  Section 261B.12, Code 2009, is amended to read as
  4 35 follows:
  5  1    261B.12  ENFORCEMENT.
  5  2    1.  When the secretary commission or the secretary's
  5  3 commission's designee believes a school is in violation of
  5  4 this chapter, the secretary commission shall order the school
  5  5 to show cause why the secretary commission should not issue a
  5  6 cease and desist order to the school.
  5  7    2.  After the school's response to the show cause order has
  5  8 been reviewed by the secretary commission, the secretary
  5  9 commission may issue a cease and desist order to the school if
  5 10 the secretary commission believes the school continues to be
  5 11 in violation of this chapter.  If the school does not cease
  5 12 and desist, the secretary commission may seek judicial
  5 13 enforcement of the cease and desist order in any district
  5 14 court.
  5 15    Sec. 15.  Section 714.18, Code 2009, is amended to read as
  5 16 follows:
  5 17    714.18  EVIDENCE OF FINANCIAL RESPONSIBILITY.
  5 18    1.  Except as otherwise provided in subsection 4 2, every
  5 19 person, firm, association, or corporation maintaining or
  5 20 conducting in Iowa any such course of instruction, by
  5 21 classroom instruction or by correspondence, or other distance
  5 22 delivery method, or soliciting in Iowa the sale of such
  5 23 course, shall file with the secretary of state college student
  5 24 aid commission the following:
  5 25    1.  a.  A continuous corporate surety bond to the state of
  5 26 Iowa in the sum of fifty thousand dollars conditioned for the
  5 27 faithful performance of all contracts and agreements with
  5 28 students made by such person, firm, association, or
  5 29 corporation, or their salespersons; but the aggregate
  5 30 liability of the surety for all breaches of the conditions of
  5 31 the bond shall not exceed the sum of the bond.  The surety on
  5 32 the bond may cancel the bond upon giving thirty days' written
  5 33 notice to the secretary of state college student aid
  5 34 commission and thereafter shall be relieved of liability for
  5 35 any breach of condition occurring after the effective date of
  6  1 the cancellation.
  6  2    2.  b.  A statement designating a resident agent for the
  6  3 purpose of receiving service in civil actions.  In the absence
  6  4 of such designation, service may be had upon the secretary of
  6  5 state if service cannot otherwise be made in this state.
  6  6    3.  c.  A copy of any catalog, prospectus, brochure, or
  6  7 other advertising material intended for distribution in Iowa.
  6  8 Such material shall state the cost of the course offered, the
  6  9 schedule of refunds for portions of the course not completed,
  6 10 and if no refunds are to be paid, the material shall so state.
  6 11 Any contract induced by advertising materials not previously
  6 12 filed as provided in this chapter shall be voidable on the
  6 13 part of the pupil or any person liable for the tuition
  6 14 provided for in the contract.
  6 15    4.  2.  A school licensed under the provisions of section
  6 16 157.8 or 158.7 shall file with the secretary of state college
  6 17 student aid commission the following:
  6 18    a.  (1)  A continuous corporate surety bond to the state of
  6 19 Iowa in the sum of fifty thousand dollars or ten percent of
  6 20 the total annual tuition collected, whichever is less,
  6 21 conditioned for the faithful performance of all contracts and
  6 22 agreements with students made by such school.  A school
  6 23 desiring to file a surety bond based on a percentage of annual
  6 24 tuition shall provide to the secretary of state college
  6 25 student aid commission, in the form prescribed by the
  6 26 secretary commission, a notarized statement attesting to the
  6 27 total amount of tuition collected in the preceding
  6 28 twelve=month period.  The secretary commission shall determine
  6 29 the sufficiency of the statement and the amount of the bond.
  6 30 Tuition information submitted pursuant to this paragraph
  6 31 subparagraph shall be kept confidential.
  6 32    (2)  If the school has filed a performance bond with an
  6 33 agency of the United States government pursuant to federal
  6 34 law, the secretary of state college student aid commission
  6 35 shall reduce the bond required by this paragraph "a" by an
  7  1 amount equal to the amount of the federal bond.
  7  2    (3)  The aggregate liability of the surety for all breaches
  7  3 of the conditions of the bond shall not exceed the sum of the
  7  4 bond.  The surety on the bond may cancel the bond upon giving
  7  5 thirty days' written notice to the secretary of state college
  7  6 student aid commission and thereafter shall be relieved of
  7  7 liability for any breach of condition occurring after the
  7  8 effective date of the cancellation.
  7  9    (4)  The secretary of state college student aid commission
  7 10 may accept a letter of credit from a bank in lieu of the
  7 11 corporate surety bond required by this paragraph "a".
  7 12    b.  The statement required in subsection 2 1, paragraph
  7 13 "b".
  7 14    c.  The materials required in subsection 3 1, paragraph
  7 15 "c".
  7 16    Sec. 16.  NEW SECTION.  714.21A  CIVIL ENFORCEMENT.
  7 17    A violation of chapter 261B, or section 714.17, 714.18, or
  7 18 714.20 constitutes an unlawful practice pursuant to section
  7 19 714.16.
  7 20    Sec. 17.  Section 714.22, subsections 1 and 2, Code 2009,
  7 21 are amended to read as follows:
  7 22    1.  File a bond or a bond is filed on their behalf by a
  7 23 parent corporation with the secretary of state college student
  7 24 aid commission as required by section 714.18.
  7 25    2.  File an annual sworn statement, or such statement is
  7 26 filed on their behalf by a parent corporation, certified by a
  7 27 certified public accountant, showing all assets and
  7 28 liabilities of the trade or vocational school and the assets
  7 29 of any parent corporation.  The statement shall show the trade
  7 30 or vocational school's net worth, or the net worth of the
  7 31 parent corporation, to be not less than five times the amount
  7 32 of the bond required by section 714.18.  If a parent
  7 33 corporation files the statement or its net worth is included
  7 34 in the statement to comply with this subsection, the parent
  7 35 corporation shall appoint a registered agent and otherwise is
  8  1 subject to section 714.18, subsection 2 1, paragraph "b", and
  8  2 is liable for the breach of any contract or agreement with
  8  3 students as well as liable for any fraud in connection with
  8  4 the contract or agreement or for any violation of section
  8  5 714.16 by the trade or vocational school or any of its agents
  8  6 or salespersons.
  8  7                           EXPLANATION
  8  8    This bill transfers the administrative duties relating to
  8  9 the registration of postsecondary schools, and the evidence of
  8 10 financial responsibility those schools must file, from the
  8 11 office of the secretary of state to the college student aid
  8 12 commission.  The bill also establishes that a postsecondary
  8 13 school that maintains or conducts courses of instruction by
  8 14 distance delivery methods in Iowa must register with the
  8 15 commission and provide evidence of financial responsibility.
  8 16 The bill makes conforming changes to a number of Code
  8 17 provisions.
  8 18    The bill modifies the registration requirements by adding
  8 19 that the school must be approved by all state agencies
  8 20 authorized to approve the school before being approved to
  8 21 operate by the commission.  The bill eliminates a requirement
  8 22 which provides that a substantial change in program offerings
  8 23 means the school must renew its registration.  The bill adds
  8 24 that a practitioner preparation program, which must be
  8 25 accredited and approved by the state board of education to
  8 26 operate in this state, must also be approved for operation by
  8 27 the commission.  A violation of the registration requirements
  8 28 constitutes an unlawful practice under the consumer fraud Act.
  8 29    The bill alters the membership on the advisory committee on
  8 30 postsecondary registration to replace the representative of
  8 31 the office of secretary of state with a representative of the
  8 32 commission, and adds to the membership a representative from a
  8 33 for=profit accredited private institution.
  8 34    The bill modifies the list of schools and courses of
  8 35 instruction exempt from Code chapter 261B, relating to the
  9  1 registration of postsecondary schools, by providing that
  9  2 schools and education programs conducted by religious
  9  3 organizations are only exempt when providing instruction to
  9  4 leadership practitioners of that religious organization, and
  9  5 by providing that postsecondary educational institutions must
  9  6 be licensed by the state to conduct business in the state
  9  7 prior to July 1, 2009, in order to be exempt from the Code
  9  8 chapter.
  9  9    The bill also specifies that registration under Code
  9 10 chapter 261B does not exempt a school from the requirements of
  9 11 the Iowa business corporation Act or for organization of a
  9 12 corporation for pecuniary profit under Code chapter 491.
  9 13 LSB 1860HV 83
  9 14 kh/nh/14