State Legislative and Regulatory Activity Updates

State Legislative and Regulatory Activity Update - May 14, 2013

Alabama Governor Robert Bentley (R) signed H.B. 301 into law last week. The measure requires employees of public and private institutions of postsecondary and higher education to report any known or suspected child abuse or neglect immediately.

On the regulatory front, the Texas Higher Education Coordinating Board proposed amendments (see pages 11-13 of the May 10th Texas Register) to rules relating to certificates of authorization for degree granting colleges and universities other than Texas public institutions. The amendments to §7.3 clarify thatinstitutions under a Certificate of Authorization are exempt from certain identified regulations, but not all regulation. Additionally, the amendments to §7.7 provide for an annual review of institutions under a Certificate ofAuthorization "for continued compliance with the Board-recognized accreditor'sstandards of operation, student complaint processes, financial viability, and fair consumer protection practices."

Commentson the proposed amendments will be accepted through June 9th and can be submitted to the attention of Stacey Silverman, Interim Assistant Commissioner, Texas Higher Education Coordinating Board, via email at WAARcomments@thecb.state.tx.us.

State Legislative and Regulatory Activity Update - May 7, 2013

In Hawaii, both chambers of the Hawaii legislature adopted a conference committee
report on S.B. 46 clearing the way for the state authorization measure to be sent to Governor Neil Abercrombie (D). Highlights from the Conference Committee's report include: 

• Increasing the surety bond amount from $5,000 to $50,000;    
• A clarification that the two-year restriction on complaints does not apply to
  complaints related to obtaining transcripts;   
• Establishing a $10,000 fee for an application for authorization or an application for reauthorization;
• Clarifying that the Director of Commerce and Consumer Affairs may establish the types and
  amount of fees DCCA may assess in order to carry out the purposes of the new chapter; 
  Defining "accredited" as "holding an institutional accreditation by name to offer post-secondary education as a United States-based institution from a regional or national accrediting agency recognized by the United States Department of Education."

The Indiana House and Senate conferenced and approved H.B. 1314. As currently drafted, agent permits for "credit bearing" private sector postsecondary institutions will no longer be required. The bill also permits the Board for Proprietary Education (BPE) to join interstate reciprocity agreements and adds a section providing that a person who "knowingly and intentionally" makes certain misrepresentations is subject to action by the attorney general's office. Once officially enrolled, the bill will be sent to Governor Mike Pence (R) for his signature.

Colorado's Senate passed H.B.1263 clearing its way for enrollment and Governor John Hickenlooper's (D) signature. The bill, pertaining to private sector institutions below the baccalaureate degree level, allows individuals claiming a "pecuniary loss as a result of a deceptive trade or sales practice" to file a complaint with the Private Occupational School Board (POSB).  Under current law, individuals must first exhaust any complaint and appeals process provided by the school before filing a POSB complaint. Additionally, the bill stipulates that a complaint "must be filed within two years after the student discontinues his or her training at the school or at any time prior to the commencement of training."

State Legislative and Regulatory Activity Update - April 30, 2013

State Legislative and Regulatory Activity Update - April 23, 2013

State Legislative and Regulatory Activity Update - April 16, 2013

State Legislative and Regulatory Activity Update - April 9, 2013

State Legislative and Regulatory Activity Update - March 25, 2013

State Legislative and Regulatory Activity Update - March 13, 2013

State Legislative and Regulatory Activity Update - March 5, 2013

State Legislative and Regulatory Activity Update - February 26, 2013

State Legislative and Regulatory Activity Update - February 19, 2013

State Legislative and Regulatory Activity Update - February 12, 2013

State Legislative and Regulatory Activity Update  – February 5, 2013

State Legislative and Regulatory Activity Update – January 29, 2013

State Legislative and Regulatory Activity Update - January 22, 2013

State Legislative and Regulatory Activity Update - January 15, 2013

State Legislative and Regulatory Activity Update - January 1, 2013

State Legislative and Regulatory Activity Update - December 17, 2012

State Legislative and Regulatory Activity Update - November 15, 2012

State Legislative and Regulatory Activity Update - November 1, 2012

State Legislative and Regulatory Activity Update – October 4, 2012

State Legislative and Regulatory Activity Update – September 18,
2012

State Legislative and Regulatory Activity Update – August 23, 2012

State Legislative and Regulatory Activity Update – July 30,
2012