The purpose and effect of the proposed rules is to clarify existing definitions and provide additional definitions for terms used in the institutional licensing and oversight process, and to clarify provisions related to evaluation of institutions, ...

DEPARTMENT OF EDUCATION
Commission for Independent Education

RULE NO: RULE TITLE
6E-1.003: Definition of Terms
6E-1.0032: Fair Consumer Practices
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to clarify existing definitions and provide additional definitions for terms used in the institutional licensing and oversight process, and to clarify provisions related to evaluation of institutions, advertising, and disclosures to students.
SUMMARY: These rules are amended to clarify existing definitions and provide additional definitions for terms used in the institutional licensing and oversight process, and to clarify provisions related to evaluation of institutions, advertising, and disclosures to students.
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), 1005.34 FS.
LAW IMPLEMENTED: 1005.04, 1005.22, 1005.31, 1005.32(5), 1005.34 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 19, 2007, 8:30 a.m.
PLACE: Miami Dade (Please contact Sonya Morris for location at [phone])
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‑1.003 Definition of Terms.

Terms used in these rules are defined in Section 1005.02, F.S. In addition, as used in the rules of this Commission, unless the context clearly indicates otherwise:

(1) through (5) No change.

(6) “Applied General Education” means courses directly related and applicable to a specific occupation, fulfilling the general education requirements for an occupational associate degree as described in subparagraph 6E-2.004(4)(n)1., F.A.C., in natural and physical sciences, social and behavioral sciences, language, composition and writing skills, and humanities and the arts.

(7) through (9) No change.

(10) Change in Control means any change in the organization of an institution which affects the authority to establish or modify institutional policies, standards, and procedures. A change in control occurs when a person acquires or loses control of an institution or of the parent corporation that owns the institution, whether by means of the sale of the institution, sale of the assets, transfer of the controlling interest of stock, conversion of the institution from nonprofit to for‑profit or vice versa, or similar transaction. A change in control does not occur upon the retirement or death of the owner of an institution, if ownership and control passes to a member of the owner’s family or to a person with a pre‑existing ownership interest in the institution.

(10) through (12) renumbered (11) through (13) No change.

(14) “Clock Hour” means a period of Sixty (60) minutes with a minimum of Fifty (50) minutes of instruction in the presence of an instructor.

(13) through (14) renumbered (15) through (16) No change.

(17)(15) “Compressed Time Period” means delivery of required contact clock hours or credit hours in a significantly shorter period than those described in the definitions of “Semester” and “Quarter”.

(18) “Contract Training” means providing a program to a particular employer or entity for a specific length of time, in a specific place, to a specific cohort of students, when all appropriate academic and student services are provided to the cohort, an agreement (memorandum of understanding or contract) is signed with the employer or entity, and the program is not advertised to the general public.

(16) through (18) renumbered (19) through (21) No change.

(22)(19) “Course” means one organized unit of study focusing on one subject or skill for a specified period of time; for example, English 101, College Math Algebra II, or Introduction to Computers.

(20) through (26) renumbered (23) through (29) No change.

(30)(27) “Enrollment” means registering a student to take programs or courses at in an institution, when such registration obligates the student to pay tuition to the institution and obligates the institution to provide instruction to the student.

(28) through (32) renumbered (31) through (35) No change.

(36)(33) “General Education Courses” are those college‑level courses designed to place emphasis on principles and theory rather than on practical applications associated with a vocational, occupational, or professional objective. General education courses may include, but are is not limited to, English, History, philosophy, literature, religion, art, music, sociology, foreign languages, humanities, mathematics, chemistry, biology, and psychology, when such courses are not within the area of concentration of a vocational, occupational, or professional program. For example, English Composition is considered a general education course, but Business English is not. Courses designated as “applied,” “specialized,” “technical,” or similar designation do not meet this definition.

(34) through (39) renumbered (37) through (42) No change.

(43)(40) “Minor Modification” means a change to programs and curricula intended to keep educational material up to date and relevant to the changing needs of employers, when such modifications affect less than 20 percent of the program or curriculum and do not change the purpose or direction of the program; or providing a previously approved program as contract training to a particular employer or entity for a specific length of time, in a specific place, to a specific cohort of students, when all appropriate academic and student services are provided to the cohort, an agreement (memorandum of understanding or contract) is signed with the employer or entity, and the program is not advertised to the general public.

(41) through (54) renumbered (44) through (57) No change.

(58) “Transcript” means the form maintained by an institution on student academic information which minimally shall include the following:

(a) Student name, street address, telephone number, date of birth;

(b) Enrollment date(s);

(c) Graduation date(s);

(d) Required hours for completion;

(e) Grade scale;

(f) Courses taken

1. Attempted credit or clock hours

2. Scheduled start date

3. Dates of course completion;

4. Grades;

(g) Total hours attended; and

(h) Credit given for courses transferred in from other institutions.

Specific Authority 1005.22(1)(e) FS. Law Implemented 1005.22, 1005.31 FS. History–Repromulgated 12‑5‑74, Amended 7‑28‑75, Formerly 6E‑4.01(8), Readopted 11‑11‑75, Amended 3‑7‑77, 10‑13‑83, Formerly 6E‑1.03, Amended 2‑22‑89, 11‑29‑89, 10‑19‑93, 4‑11‑00, 1‑7‑03, 12‑23‑03, 7‑20‑04, 3-28-05, 6-13-05, 2-20-06,________.

 

6E‑1.0032 Fair Consumer Practices.

(1) through (3) No change.

(4) All advertising and promotional literature shall be accurate and not misleading to the public. A copy of each advertisement shall be available to the Commission upon request for inspection at each location providing administrative services. The level of educational programs provided shall be disclosed. Compliance with subsection 6E‑2.004(5) and paragraph 6E‑2.004(11)(c), F.A.C., regarding recruitment, admissions, and advertising, is required of all institutions operating or soliciting students in Florida. See paragraph (6)(j) of this rule for requirements for statements regarding job opportunities. Salaries shall not be used in advertising. If any information is provided to students regarding salaries, such information shall be limited to accurate and unexaggerated representations of entry level salaries reflective of employees having the same skills, education, and experience as the students will have upon graduation. If advertising violations occur, the Commission shall require an institution to receive prior approval of future advertising copy before publication or broadcasting. Continued advertising violations shall result in probation with conditions and fines, or revocation of licensure pursuant to Sections 1005.34 and 1005.38, Florida Statutes. Any placement claims, employment predictions, or salary projections used by the institution in its recruiting efforts shall be accurate, and based upon reliable statistical data which shall be provided to all prospective students and to the Commission upon request. It is the responsibility of the institution to ensure that all such claims are kept up to date and reflect actual current conditions and job market projections, taking into account the anticipated needs in the local community. Advertisements shall contain citations of the source of such claims. The institution shall maintain backup documentation to support the citations.

(5) Any licensed institution offering a program which does not qualify the graduate to take required professional examinations in that field or to practice regulated professions in that field in Florida must publish a disclosure statement which is determined by the Commission to inform prospective students clearly and unambiguously of this fact.

(6) Each prospective student shall be provided a written copy, or shall have access to an electronic copy, of the institution's catalog prior to enrollment or the collection of any tuition, fees or other charges. The catalog shall contain the following required disclosures, and catalogs of licensed institutions must also contain the information required in subsections 6E‑2.004(11) and (12), F.A.C:

(a) through (e) No change.

(f) Transferability of credits: The institution shall disclose information to the student regarding transferability of credits to other institutions and from other institutions. The institution shall disclose that transferability of credit is at the discretion of the accepting institution, and that it is the student's responsibility to confirm whether or not credits will be accepted by another institution of the student's choice. If a licensed institution has entered into written articulation agreements with other institutions, a list of those other institutions may be provided to students, along with any conditions or limitations on the amount or kinds of credit that will be accepted. Such written agreements with other institutions must be valid and in effect at the time the information is disclosed to the student. The agreements shall be kept on file at all times and available for inspection by Commission representatives or students. Any change or termination of the agreements shall be disclosed promptly to all affected students. No representation shall be made by a licensed institution that its credits can be transferred to another specific institution, unless the institution has a current, valid articulation agreement on file. Units or credits applied toward the award of a credential may be derived from a combination of any or all of the following:

1. Units or credits earned at and transferred from other postsecondary institutions, when congruent and applicable to the receiving institution’s 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.

(g) through (k) No change.

(7) through (10) No change.

(11) An institution is responsible for ensuring compliance with this rule by any person or company contracted with or employed by the institution to act on its behalf in matters of advertising, recruiting, or otherwise making representations which may be accessed by prospective students in Florida, whether verbally, electronically, or by other means of communication.

(12) Institutions shall maintain a file or keep a recordd for each student at each location, translated into English and conforming to the requirements of Rule 6E-2.004, F.A.C., and containing the following at a minimum:

(a) Academic transcript;

(b) All documents evidencing a student’s eligibility for enrolled programs;

(c) Any certificates or diplomas earned;

(d) Copies of applications or contractual agreements;

(e) Financial records;

(f) Student counseling or advising records; and

(g) Records of progress.

Specific Authority 1005.22(1)(e)1., 1005.34 FS. Law Implemented 1005.04, 1005.22(1)(k), 1005.31(13), 1005.32(5), 1005.34 FS. History–New 10‑19‑93, Amended 4‑2‑96, 11‑5‑00, 1‑7‑03, 1‑20‑04, 3‑29‑04, 3-28-05, 5-19-05, 6-21-05,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Samuel L. Ferguson, Executive Director, Commission for Independent Education
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Peter Crocitto, Chair, Commission for Independent Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 8, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 30, 2007