6E-2.002: Institutional Licensure
6E-2.004: Standards and Procedures for Licensure
6E-2.0041: Delivery of Programs Through Nontraditional Assessments, Modes and Methods
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to clarify and provide specificity to provisions related to the criteria and process for licensure.
SUMMARY: The proposed rules are amended to clarify and provide specificity to provisions related to the criteria and process for licensure.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1005.22(1)(e), 1005.31(2),(3), 1005.34, 1005.39 FS.
LAW IMPLEMENTED: 1005.04, 1005.22(1)(a),(2)(d), 1005.31, 1005.32, 1005.33(1), 1005.34, 1005.39 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Office of Equity and Access, (850)245-0511. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Samuel L. Ferguson, Executive Director, Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400
THE FULL TEXT OF THE PROPOSED RULE IS:
6E‑2.002 Institutional Licensure.
(1) Provisional license.
(a) through (b) No change.
(c) Substantive change. An institution which undergoes a substantive change, as defined in subsection 6E‑1.003(55)(52), F.A.C., while holding an Annual License or a License by Means of Accreditation, shall be granted a Provisional License for a period of time determined by the Commission, except as provided in paragraph 6E-2.002(3)(g), F.A.C. An institution may submit a written request for a return to its previous status or for a new status when conditions set by the Commission have been met. Any limitations on the operation of the institution during the period of provisional licensure will be determined by the Commission when granting the Provisional License. An institution holding a Provisional License shall not request approval of or implement a substantive change until it holds an Annual License or License by Means of Accreditation. The Commission may delegate to the Executive Director, the authority to return institutions to their previous status between Commission meetings, if the Executive Director determines that changes have no negative impact on the institution or the students attending the institution. Such action shall be reported to the Commission at the next meeting for further action.
(d) through (g) No change.
(2) No change.
(3) License by Means of Accreditation.
(a) The chair of the Commission shall appoint a committee to provide recommendations to the Commission regarding the recognition of accrediting agencies. This committee shall be composed of persons who represent a cross‑section of institutions holding an Annual License or extension thereof, or a License by Means of Accreditation. The chair of the Commission shall appoint the chair of the committee. The committee shall meet at the request of the Commission chair. Any member of the accreditation review committee whose institution is accredited by, or who is personally affiliated with, an accrediting agency being reviewed shall not vote on recommendation of that accrediting agency.
1. The committee shall evaluate applications of accrediting agencies recognized by the U.S. Department of Education to provide institutional accreditation for institutions licensed in offering primarily residential programs.
2. No change.
(b) through (h) No change.
Specific Authority 1005.22(1)(e), 1005.31(2), (3) FS. Law Implemented 1005.22(1)(o), (2)(d), 1005.31, 1005.32, 1005.33 FS. HistoryRepromulgated 12‑5‑74, Formerly 6E‑4.01(1)(f)‑(i), Readopted 11‑11‑75, Amended 2‑6‑78, 5‑7‑79, 10‑13‑83, Formerly 6E‑2.02, Amended 11‑27‑88, 11‑29‑89, 10‑19‑93, 4‑2‑96, 4‑11‑00, 1‑7‑03, 12‑23‑03, 2-23-05, 7-10-06,_________.
6E‑2.004 Standards and Procedures for Licensure.
Institutions applying for a license or moving to a new level of licensure shall provide all required information to the Commission in English. Institutions providing information to students in a language other than English must retain a translation certifying the accuracy of the language of the documents in English. All information and documentation submitted pursuant to the provisions of these rules shall be accompanied by certification signed by the chief administrative officer of the institution, affirming that the information and documentation submitted is accurate. Any application or review which is not substantially complete shall be returned to the institution with a request to complete and resubmit the material.
(1) through (3) No change.
(4) Standard 4: Educational programs and curricula. The following standards shall apply to all institutions licensed by the Commission for Independent Education, except as expressly stated otherwise.
(a) through (d) No change.
(e) For each course to be offered, a syllabus or course outline, required equipment and supplies, and a list of competencies required for successful completion of the course shall be developed by qualified faculty and be provided in writing for all students no later than the first meeting of each class. A copy of these documents shall be kept in the institutions files and be made available for inspection by representatives of the Commission.
(f) through (i) No change.
(j) Transferability of credits. At least 25 percent of the credits or hours required for completion of a program must be earned through instruction taken at the institution awarding the credential, unless a different standard has been adopted by the recognized accrediting body accrediting the institution, or by a governmental agency whose policies apply to the institution. This standard shall not apply if any of the training was taken at accredited institutions as defined in Section 1005.02(1), F.S., while the student was a member of the
1. Units or credits earned at and transferred from other postsecondary institutions, when congruent and applicable to the receiving institutions program and when validated and confirmed by the receiving institution.
2. Successful completion of challenge examinations or standardized tests demonstrating learning at the credential level in specific subject matter areas.
3. Prior learning, as validated, evaluated, and confirmed by qualified instructors at the receiving institution.
(k) Any clinical experience, internship, externship, practicum, and other such formal arrangement for which an institution offers credit toward completion of a program, shall be under the supervision of the institution. Written agreements shall be executed between the institution and the entity providing the experience prior to obtaining program approval, delineating each partys responsibilities, the number of hours to be worked by the student, the types of work to be done by the student, the supervision to be given the student, and the method of evaluating the students work and certifying it to the institution as satisfactory. If such experiences are required for the completion of a program, it is the responsibility of the institution to make prior arrangements for each student enrolled in the program to participate in the necessary experience within the agreed and documented length of time required for completion of and graduation from the program; and the institutions enrollments shall be based upon the availability of qualified clinical experiences, internships, externships, or practicums to serve all students.
(l) No change.
(m) The following instructional program standards apply to nondegree diplomas:
1. Program specifications: The credential offered shall be a diploma or certificate. The duration of the program shall be appropriate for mastery of the subject matter or skills needed to pursue the occupation for which the student is being trained. There are no general education requirements.
2. through 4. No change.
(n) through (o) No change.
(p) The following instructional program standards apply to bachelors degrees:
1. Program specifications: The credential offered shall be the Bachelor of Science Degree, Bachelor of Arts Degree, or other baccalaureate degree title considered by the Commission to be appropriate and not misleading. The duration of the program shall be a minimum of 120 semester credit hours, 180 quarter credit hours, or the recognized clock hour equivalent. The required general education component for a Bachelor of Science degree shall be a minimum of 30 semester credit hours, 45 quarter credit hours, or the recognized clock hour equivalent. The required general education component for the Bachelor of Arts degree shall be a minimum of 45 semester credit hours, 67.5 quarter credit hours, or the recognized clock hour equivalent. The general education requirements for other bachelors degrees shall be appropriate to the specific degree. Applied general education shall not be utilized to fulfill this requirement. All general education courses must meet the definition given in subsection 6E‑1.003(36)(33), F.A.C. Unless otherwise required by the accrediting agency, a minimum of 15 of the required general education credit hours or the recognized clock hour equivalents must be obtained at the bachelors level.
2. through 4. No change.
(q) through (r) No change.
(5) No change.
(6) Standard 6: Finances.
All institutions must demonstrate that the financial structure of the institution is sound, with resources sufficient for the proposed operations of the institution and the discharge of its obligations to the students. To demonstrate this, the school shall provide the following:
(a) No change.
(b) Annual License, Extended Annual License, or Annual Review:
1. No change.
2. If an independent postsecondary educational institution earns less than $100,000 gross tuition revenue per the institutions fiscal year, the institution shall provide both a compiled financial statement of the institution and of the controlling principles. The financial statement shall be compiled, reviewed, or audited by an independent certified public accountant. These statements must demonstrate sufficient resources to ensure appropriate institutional development.
3. Non-Florida corporations having one or more
(c) No change.
(7) Standard 7: Faculty.
(a) Non-Degree Diploma Programs:
1. Verification of Credentials. Institutions shall maintain evidence of the credentials that qualify faculty members to teach their assigned courses. All faculty files shall include a resume or detailed application clearly reflecting the instructors educational and work experience. In addition, official transcripts for all degrees held by all faculty members shall be on file and available to the Commission upon request at each location and translated into English. Institutions shall also maintain copies of other documents which reflect the instructors qualifications to teach, such as copies of licenses and certifications.
2. Faculty Qualifications. These standards shall apply to all full‑time, part‑time and adjunct faculty.:
a. Institutions whose graduates must pass state, federal or other licensing examinations before being licensed to practice their vocation, technology, trade or business must provide evidence that each instructor teaching in that field holds a current and valid Any general education and academic courses must be taught by instructors who possess at least a bachelors degree and appropriate coursework in the assigned subject from an accredited college or university.
b. All other courses shall be taught by instructors who possess a bachelors degree and appropriate coursework in the assigned subject from an accredited college or university; or who have completed postsecondary training in either an accredited college or a state licensed school in the subject to be taught, plus two years of job experience related to the subjects to be taught; or who have completed a minimum of three years of successful job experience directly related to the subjects being taught. For all non‑degreed faculty, the burden of proof is on the institution to demonstrate instructor competence in the subjects taught. Instructors shall have completed post-secondary training in either a state licensed school or a college accredited by an accrediting agency recognized by the USDOE plus one year of job experience related to the subjects taught; or have completed a minimum of three years of successful job experience directly related to the subjects taught.
c. Institutions whose graduates must pass state, federal or other licensing examinations before being licensed to practice their vocation, technology, trade or business must provide evidence that each instructor teaching in that field holds a current and valid
3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for or renewal of licensure.
4. No change.
(b) Occupational Associate Degrees:
1. Verification of Credentials. Institutions must maintain evidence of the credentials that qualify faculty members to teach their assigned courses. All faculty files must maintain a resume or detailed application clearly reflecting the instructors educational and work experience. In addition, official transcripts for all degrees held by all faculty members shall be on file and shall be available to the Commission upon request at each location and translated into English. Institutions shall also maintain copies of other documents which reflect the instructors qualifications to teach, such as copies of licenses and certifications.
2. No change.
3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for or renewal of licensure.
4. No change.
(c) Academic Associate Degrees:
1. Verification of Credentials. Institutions must maintain evidence of the credentials that qualify faculty members to teach their assigned courses. All faculty files must maintain a resume or detailed application clearly reflecting the instructors educational and work experience. In addition, official transcripts for all degrees held by all faculty members shall be on file and shall be available to the Commission upon request at each location and translated into English. Institutions shall also maintain copies of other documents which reflect the instructors qualifications to teach, such as copies of licenses and certifications.
2. No change.
3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for or renewal of licensure.
4. No change.
(d) Bachelors Degrees:
1. through 2. No change.
3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for or renewal of licensure.
4. No change.
(e) Masters Degrees:
1. through 2. No change.
3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for or renewal of licensure.
4. No change.
(f) Doctoral Degrees:
1. through 2. No change.
3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for or renewal of licensure.
4. No change.
(8) No change.
(9) Standard 9: Physical Facilities. All institutions and physical facilities, regardless of the level of credentials offered, shall comply with the following standards:
(a) through (b) No change.
(c) Each institution, including all physical facilities, plant shall meet the general tests of safety, usefulness, cleanliness, maintenance, health, lighting, ventilation and any other requirements conducive to health, safety and comfort. Each institution shall provide evidence of compliance with zoning, fire, safety and sanitation standards issued by all applicable regulatory authorities for all instructional and student housing facilities.
(d) Each institution shall maintain the necessary supplies and equipment for the students enrolled and programs conducted.
(10) No change.
(11) Standard 11: Publications and Advertising.
(a) No change.
(b) Catalog.
1. No change.
2. Each institution shall publish and provide to each enrolled student a catalog in written or electronic form. Written catalogs shall be professionally printed and bound. If electronic catalogs are also used, the two versions shall contain the same information, except for updates that may be provided more quickly in electronic versions. The catalog shall constitute a contractual obligation of the school to the student and shall be the official statement of the schools policies, programs, services, and charges and fees. The catalog shall include, at a minimum, the following information:
a. through g. No change.
h. A listing of all faculty indicating degrees held, if applicable, and institutions or agencies awarding the credentials degrees;
i. through m. No change.
n. A description of the curricula for all programs offered, including for each: a statement of the objective or purpose of the program; an accurate and complete listing of the courses included in each program, each with a unique identifying number and title; identification of courses that are general education courses, if applicable; the credit or clock hours awarded for each course subject; the total credits or clock hours and grades required for satisfactory completion of the program; requirements for certification, licensing or registration in the program career field, as applicable; and any additional or special requirements for completion;
o. through ee. No change.
3. No change.
(c) No change.
(12) No change.
Specific Authority 1005.22(1)(e), 1005.31(2), (3), 1005.34, 1005.39 FS. Law Implemented 1005.04, 1005.31, 1005.33(1), 1005.34, 1005.39 FS. HistoryRepromulgated 12‑5‑74, Formerly 6E‑3.01(1), Readopted 11‑11‑75, Amended 3‑7‑77, 5‑7‑79, 10‑13‑83, Formerly 6E‑2.04, Amended 11‑27‑88, 11‑29‑89, 12‑10‑90, 10‑19‑93, 4‑2‑96, 4‑11‑00, 1‑7‑03, 4‑5‑04, 5‑24‑04, 7‑20‑04, 5-19-05, 7-10-06, _______.
6E‑2.0041 Delivery of Programs Through Nontraditional Assessments, Modes and Methods.
(1) Introduction. In addition to its responsibility for the maintenance of high standards of quality, the Commission also serves to encourage responsible innovation in postsecondary education to meet met societal needs for creatively designed programs delivered in nontraditional ways. It is the intention of the Commission that its standards and procedures shall foster the development of quality innovative programs and emerging new fields of study, and shall not unreasonably hinder educational innovation and competition.
(a) through (b) No change.
(c) In addition to providing to the Commission the documentation required for each standard contained in Rule 6E‑2.004, F.A.C., showing how the intent of each standard will be met in the nontraditional program or delivery system, the institution shall also furnish for each course to be offered:
1. An detailed inventory of equipment and supplies materials to be provided to each student;
2. A detailed description of how each program will be conducted, including submission of detailed course outlines or syllabi, procedures for distribution of materials, examination and evaluation of student work, timely response to students questions and comments, record keeping, appropriate student services, and technical support.
(d) Institutions holding license by means of accreditation as defined in subsection 6E-2.002(3), F.A.C. Section 1005.02(1), Florida Statutes, by an accrediting agency recognized by the U.S. Department of Education to deliver nontraditional education, may substitute proof of such accreditation, in good standing, for the above requirements of Rule 6E-2.0041, F.A.C.
(2) through (8) No change.
(9) Laboratory experiences. In the case of courses in the experimental or clinical sciences, or other courses requiring hands‑on experience, each licensed institution wishing to offer nontraditional programs shall document to the Commission prior to program approval, that arrangements have been made to ensure that the requisite laboratory, field, or equivalent experience is available to and used consistently by every enrolled student. Such experience shall be documented in the students file, and shall occur under appropriate supervision and meaningful evaluation of the competency outcomes.
(10) No change.
(11) Student records.
(a) Institutions wishing to offer nontraditional programs or courses shall maintain a file for each student and shall be available to the Commission upon request at each location and translated into English, and conforming to the general requirements of Rule 6E‑2.004, F.A.C., and contain the following:
1. through 2. No change.
(b) No change.
(12) No change.
Specific Authority 1005.22(1)(e)1., 1005.31(2), (3) FS. Law Implemented 1005.31 FS. HistoryNew 10-13-83, Formerly 6E-2.041, Amended 11-27-88, 6-20-95, 5-25-03,_______.
