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."



PSCUs open doors to many of the 9 million unemployed and 90 million undereducated Americans by providing a skills-based education. To remain competitive over the next decade, we must identify between 8 and 23 million new workers with postsecondary skills. PSCUs are a necessary part of that solution, having produced over 800,000 degrees last year alone.