Senate
Study
Bill
1020
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
EDUCATION/COLLEGE
STUDENT
AID
COMMISSION
BILL)
A
BILL
FOR
An
Act
relating
to
the
registration
of
certain
postsecondary
1
schools
by
the
college
student
aid
commission,
making
an
2
appropriation,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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1204DP
(13)
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Section
1.
Section
261B.2,
subsections
2
and
3,
Code
2011,
1
are
amended
to
read
as
follows:
2
2.
“Degree”
means
a
postsecondary
credential
conferring
3
on
the
recipient
the
title
of
associate,
bachelor,
master,
4
or
doctor,
or
an
equivalent
title
,
signifying
educational
5
attainment
based
on
any
one
or
a
combination
of
study
or
the
6
equivalent
experience
or
achievement
testing.
A
postsecondary
7
degree
under
this
chapter
shall
not
include
an
honorary
degree
8
or
other
unearned
degree
.
9
3.
“Presence”
means
maintaining
an
address
within
Iowa
10
a
physical
location
in
Iowa
from
which
a
school
offers
any
11
portion
of
a
course
of
instruction
in
person
or
by
distance
12
education
or
correspondence
study,
or
conducts
advertising,
13
recruiting,
enrollment,
program
coordination,
administration,
14
or
any
other
activity
related
to
the
school’s
operations
.
15
Sec.
2.
Section
261B.2,
Code
2011,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
2A.
“Offered
in
this
state”
means
the
18
school
offers
any
portion
of
a
course
of
instruction
at
a
19
physical
location
in
this
state.
20
NEW
SUBSECTION
.
2B.
“Postsecondary
credential”
means
21
a
degree,
diploma,
or
certificate
signifying
postsecondary
22
educational
attainment
following
completion
of
a
postsecondary
23
instructional
program.
A
postsecondary
credential
conferred
24
under
this
chapter
shall
not
include
an
honorary
credential
or
25
other
unearned
credential.
A
postsecondary
credential
under
26
this
chapter
does
not
mean
a
certificate
of
completion
of
a
27
course
of
instruction.
28
Sec.
3.
Section
261B.2,
subsection
4,
paragraph
b,
Code
29
2011,
is
amended
to
read
as
follows:
30
b.
Provides
a
postsecondary
instructional
program
or
course
31
leading
to
a
degree
postsecondary
credential
.
32
Sec.
4.
Section
261B.3,
Code
2011,
is
amended
to
read
as
33
follows:
34
261B.3
Registration.
35
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1.
Except
as
provided
in
section
261B.11
,
a
school
that
1
shall
register
with
the
commission
if
the
school
maintains
or
2
conducts
one
or
more
courses
of
instruction
offered
in
this
3
state
,
including
courses
of
instruction
by
correspondence
or
4
other
distance
delivery
method,
offered
in
this
state
or
which
5
if
the
school
has
a
presence
in
this
state
and
offers
courses
6
in
this
state
or
in
other
states
or
foreign
countries
shall
7
register
with
the
commission
.
8
a.
Registrations
shall
be
renewed
every
four
years
or
9
upon
any
substantive
change
in
location
,
program
offerings,
10
or
accreditation.
A
school
makes
a
substantive
change
in
a
11
program
offering
when
the
school
proposes
to
offer
or
modify
12
a
program
that
requires
the
approval
of
the
state
board
of
13
education
or
any
other
state
agency
authorized
to
approve
the
14
school
or
its
program
in
this
state.
15
b.
Registration
shall
be
made
on
application
forms
approved
16
and
supplied
made
available
by
the
commission
and
at
the
time
17
and
in
the
manner
prescribed
by
the
commission.
Upon
receipt
18
of
a
complete
and
accurate
registration
application,
the
19
commission
shall
issue
an
acknowledgment
of
document
filed
and
20
send
it
to
the
school.
21
2.
The
commission
may
request
require
a
school
to
provide
22
additional
information
as
the
commission
deems
necessary
23
to
enable
the
commission
to
determine
the
accuracy
and
24
completeness
of
the
information
contained
in
the
evaluate
a
25
school’s
registration
application.
26
3.
If
the
commission
believes
that
false,
misleading,
27
or
incomplete
information
has
been
submitted
in
connection
28
with
an
application
for
registration,
the
commission
may
deny
29
registration.
The
commission
shall
conduct
a
hearing
on
the
30
denial
if
a
hearing
is
requested
by
a
school.
The
commission
31
may
withhold
an
acknowledgment
of
document
filed
pending
the
32
outcome
of
the
hearing.
Upon
a
finding
after
the
hearing
33
that
information
contained
in
the
registration
application
is
34
false,
misleading,
or
incomplete,
the
commission
shall
deny
an
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acknowledgment
of
document
filed
to
the
school.
The
commission
1
shall
make
the
final
decision
on
each
registration.
However,
2
the
decision
of
the
commission
is
subject
to
judicial
review
in
3
accordance
with
section
17A.19
.
4
3.
4.
The
commission
shall
adopt
rules
under
chapter
17A
5
for
the
implementation
of
this
chapter
.
6
Sec.
5.
Section
261B.3A,
Code
2011,
is
amended
to
read
as
7
follows:
8
261B.3A
Requirements.
9
1.
In
order
to
register,
a
school
shall
be
accredited
10
by
an
agency
or
organization
approved
or
recognized
by
the
11
United
States
department
of
education
or
a
successor
agency,
12
be
approved
by
any
other
state
agency
authorized
to
approve
13
the
school
in
this
state,
and,
subsequently,
be
approved
for
14
operation
by
the
commission.
15
2.
A
practitioner
preparation
program
,
as
defined
in
16
section
272.1,
operated
by
a
school
that
applies
to
register
17
the
program
in
accordance
with
this
chapter
shall,
in
order
to
18
register,
be
accredited
by
an
agency
or
organization
approved
19
or
recognized
by
the
United
States
department
of
education
or
a
20
successor
agency,
be
approved
by
the
state
board
of
education
21
pursuant
to
section
256.7,
subsection
3
,
and,
subsequently,
be
22
approved
for
operation
by
the
commission.
23
3.
The
commission
may
grant
a
provisional
registration
to
24
a
school
that
is
not
accredited
by
an
agency
or
organization
25
that
is
recognized
by
the
United
States
department
of
education
26
or
its
successor
agency.
The
commission
shall
determine
27
the
duration
of
the
provisional
registration.
During
the
28
provisional
registration
period,
the
school
shall,
at
six-month
29
intervals,
submit
to
the
commission
documentation
of
its
30
progress
toward
achieving
accreditation.
The
commission
may
31
renew
the
school’s
provisional
registration
at
its
discretion
32
based
on
documentation
that
the
school
is
making
progress
33
toward
accreditation.
34
3.
4.
Nothing
in
this
chapter
shall
be
construed
to
exempt
35
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a
school
from
the
requirements
of
chapter
490
or
491
.
1
Sec.
6.
Section
261B.4,
subsections
5,
11,
and
13,
Code
2
2011,
are
amended
to
read
as
follows:
3
5.
The
degrees
postsecondary
credentials
granted
by
the
4
school.
5
11.
The
names
or
titles
and
a
description
of
the
courses
and
6
degrees
postsecondary
credentials
to
be
offered.
7
13.
The
academic
and
instructional
methodologies
and
8
delivery
systems
to
be
used
by
the
school
and
the
extent
to
9
which
the
school
anticipates
each
methodology
and
delivery
10
system
will
be
used,
including
,
but
not
limited
to
,
classroom
11
instruction,
correspondence,
electronic
telecommunications,
12
independent
study,
and
portfolio
experience
evaluation.
13
Sec.
7.
Section
261B.7,
Code
2011,
is
amended
to
read
as
14
follows:
15
261B.7
Unauthorized
representation.
16
Neither
a
A
school
nor
its
or
a
school’s
officials
or
17
employees
shall
not
advertise
or
represent
that
the
school
is
18
approved
or
accredited
by
the
commission
or
the
state
of
Iowa
19
nor
shall
it
use
the
registration
as
a
.
However,
a
registered
20
school
shall
reference
in
promotional
materials
that
the
school
21
is
registered
by
the
commission
on
behalf
of
the
state
of
Iowa
22
and
provide
the
commission’s
contact
information
for
students
23
who
wish
to
register
a
complaint
about
the
school
.
24
Sec.
8.
Section
261B.8,
subsections
1
and
3,
Code
2011,
are
25
amended
to
read
as
follows:
26
1.
The
commission
shall
set
by
rule
and
collect
,
as
27
applicable,
a
nonrefundable
application
fee
from
each
28
registration
applicant,
and
an
initial
registration
fee
,
a
29
registration
amendment
fee,
and
a
renewal
of
registration
fee
30
from
each
registered
school.
31
3.
a.
A
postsecondary
registration
fund
is
created
in
32
the
state
treasury
under
the
control
of
the
commission.
33
Fees
collected
under
this
section
shall
be
deposited
in
the
34
general
postsecondary
registration
fund
of
the
state
and
are
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appropriated
to
the
commission
for
purposes
of
administering
1
this
chapter.
2
b.
The
moneys
credited
to
the
postsecondary
registration
3
fund
are
not
subject
to
section
8.33,
and
moneys
in
the
fund
4
shall
not
be
transferred,
used,
obligated,
appropriated,
5
or
otherwise
encumbered
except
as
provided
by
law.
6
Notwithstanding
section
12C.7,
subsection
2,
interest
or
7
earnings
on
moneys
deposited
in
the
postsecondary
registration
8
fund
shall
be
credited
to
the
fund
.
9
Sec.
9.
Section
261B.9,
subsection
5,
Code
2011,
is
amended
10
to
read
as
follows:
11
5.
Whether
the
postsecondary
credential
or
certificate
12
issued,
awarded,
or
credited
to
a
student
upon
completion
13
of
the
course
or
the
fact
of
completion
of
the
course
is
14
applicable
toward
a
degree
granted
by
the
school
and,
if
so,
15
under
what
circumstances
the
application
will
be
made.
16
Sec.
10.
Section
261B.11,
subsections
1,
2,
4,
7,
9,
and
11,
17
Code
2011,
are
amended
to
read
as
follows:
18
1.
Schools
and
educational
programs
conducted
by
firms,
19
corporations,
or
persons
solely
for
the
training
of
their
own
20
employees.
21
2.
Apprentice
or
other
training
programs
provided
by
labor
22
unions
solely
to
members
or
applicants
for
membership.
23
4.
Seminars,
refresher
courses,
and
programs
of
instruction
24
sponsored
by
professional,
business,
or
farming
organizations
25
or
associations
solely
for
the
members
and
employees
of
members
26
of
these
organizations
or
associations.
27
7.
Schools
or
courses
of
instruction
or
courses
of
28
training
that
are
offered
by
a
vendor
solely
to
the
purchaser
29
or
prospective
purchaser
of
the
vendor’s
product
when
the
30
objective
of
the
school
or
course
is
to
enable
the
purchaser
31
or
the
purchaser’s
employees
to
gain
skills
and
knowledge
to
32
enable
the
purchaser
to
use
the
product.
33
9.
Postsecondary
educational
institutions
licensed
by
the
34
state
of
Iowa
under
section
157.8
or
158.7
prior
to
July
1,
35
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H.F.
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2009,
to
conduct
business
operate
as
a
school
of
cosmetology
1
arts
and
sciences
or
a
barber
school
in
the
state.
2
11.
Postsecondary
educational
institutions
offering
3
programs
limited
to
nondegree
specialty
vocational
training
4
programs
for
which
the
school
does
not
award
a
postsecondary
5
credential
.
6
Sec.
11.
NEW
SECTION
.
261B.11A
Ineligibility
for
state
7
student
financial
aid
programs.
8
1.
Students
attending
schools
required
to
register
under
9
this
chapter
are
ineligible
for
state
student
financial
aid
10
programs
established
under
chapter
261.
11
2.
A
school
required
to
register
under
this
chapter
is
12
prohibited
from
offering
state
aid
or
advertising
that
state
13
aid
is
or
may
be
available
to
students
attending
the
school.
14
EXPLANATION
15
This
bill
modifies
Code
chapter
261B
which
regulates
the
16
registration
of
postsecondary
schools
by
the
college
student
17
aid
commission.
Modifications
include
provisions
which
provide
18
that
students
attending
such
schools
are
ineligible
for
state
19
student
financial
aid
programs,
authorize
the
commission
to
20
require
additional
information
from
schools,
establish
a
new
21
registration
amendment
fee,
and
establish
a
postsecondary
22
registration
fund
comprised
of
the
registration
fees
collected
23
by
the
commission.
The
moneys
in
the
fund
are
appropriated
to
24
the
commission
for
purposes
of
administering
the
chapter.
25
The
bill
specifies
that
schools
that
maintain
or
conduct
one
26
or
more
courses
of
instruction
offered
in
this
state
or
which
27
have
a
presence
in
this
state
and
offer
courses
in
this
state
28
or
other
states
or
foreign
countries
are
required
to
register
29
with
the
commission.
The
Code
chapter
currently
includes
30
exceptions
for
certain
schools
and
educational
programs.
31
Currently,
registrations
must
be
renewed
every
four
years
32
and
upon
substantive
change
in
location
or
accreditation.
To
33
this
renewal
requirement,
the
bill
adds
that
registrations
34
must
also
be
renewed
upon
any
substantive
change
in
program
35
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offering.
A
substantive
change
in
program
offering
is
defined
1
as
when
a
school
proposes
to
offer
a
program
that
requires
the
2
approval
of
the
state
board
of
education
or
other
state
agency.
3
The
bill
authorizes
the
commission
to
require
additional
4
information
from
a
school
if
the
additional
information
is
5
deemed
necessary
in
order
to
evaluate
the
school’s
registration
6
application.
A
registered
school’s
promotional
materials
shall
7
reference
that
it
is
registered
with
the
commission
and
shall
8
include
the
commission’s
contact
information
for
students
who
9
wish
to
register
a
complaint
about
the
school.
10
The
commission
is
also
authorized
to
grant
a
provisional
11
registration,
the
duration
of
which
is
to
be
determined
by
the
12
commission,
to
a
school
that
is
not
accredited
by
an
agency
or
13
organization
recognized
by
the
U.S.
department
of
education.
14
During
the
provisional
registration
period,
the
school
must
15
submit
to
the
commission,
at
six-month
intervals,
documentation
16
regarding
its
progress
toward
achieving
accreditation.
The
17
commission
may
renew
the
provisional
registration
at
its
18
discretion
based
on
documentation
that
the
school
is
making
19
progress
toward
accreditation.
20
The
bill
prohibits
schools
required
to
register
with
the
21
commission
from
offering
state
aid
or
advertising
that
state
22
aid
is
or
may
be
available
to
students
attending
the
school.
23
The
bill
makes
changes
to
the
Code
chapter’s
definitions
of
24
“degree”,
“presence”,
and
“school”
and
adds
definitions
for
25
“offered
in
this
state”
and
“postsecondary
credential”.
26
The
Code
currently
authorizes
the
commission
to
issue
a
27
cease
and
desist
order
to
a
school
it
believes
is
in
violation
28
of
Code
chapter
261B
and
to
seek
judicial
enforcement
of
the
29
order.
Also,
a
violation
of
the
Code
chapter
constitutes
30
an
unlawful
practice
under
Code
section
714.16,
relating
to
31
consumer
fraud.
32
-7-
LSB
1204DP
(13)
84
kh/sc
7/
7