To update the rules for consistency and to address subjects identified during the first year of implementation.

 

DEPARTMENT OF EDUCATION

Postsecondary Reciprocal Distance Education Coordinating Council

RULE NOS.:RULE TITLES:

6N-1.003Provisional Approval

6N-1.004Annual Renewal of Approval of In-State Institutions to Participate in Florida's Reciprocity Agreement

6N-1.005Annual Fees for In-State Institutions to Participate in Florida's Reciprocity Agreement

PURPOSE AND EFFECT: To update the rules for consistency and to address subjects identified during the first year of implementation.

SUMMARY: The changes reflect updates to the National Council for State Authorization Reciprocity Agreements (NC-SARA) Manual. The amendments will clarify the process for renewal applications, allow the Council authority to address institutions that do not meet SARA requirements in between renewal periods, and clarifies fees for institutions that do not report to the Integrated Postsecondary Education Data System.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The limited number of institutions to which these rules will apply combined with the fact that the information sought by application of the rule is readily available to a majority of those institutions. Therefore, the adverse impact of regulatory cost, if any, would not be expected to exceed any one of the economic analysis criteria set forth in section 120.541(2)(a), F.S., and is not expected to require legislative ratification.

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.

RULEMAKING AUTHORITY: 1000.35(10), FS.

LAW IMPLEMENTED: 1000.35(3), (5)-(7), FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 15, 2018, Start time will be posted on http://www.fldoe.org/policy/state-board-of-edu/meetings/, at least 2 weeks prior.

PLACE: Renaissance Orlando Airport, Vienna B, 5445 Forbes Place, Orlando, FL 32812.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Morgan Champion, Director, Postsecondary Reciprocal Distance Education, 325 W. Gaines St, Suite 1414, Tallahassee, Florida 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6N-1.003 Provisional Approval

(1) The Council shall, upon receipt of an in-State institution’s complete application to participate in SARA, approve the institution to participate in SARA on a provisional status if the institution meets the requirements of this rule chapter, but:

(a) through (d) No change.

(2) Terms and Length of Provisional Status.

(a) An in-State institution approved to participate in SARA on provisional status shall meet any requirements the Council deems necessary, including enrollment limits, to ensure state authorization standards are met regarding program quality, financial stability, and consumer protection.

(b) No change.

(3) Provisional status of an institution between renewal periods.  The Council may place an institution on provisional status at any time if the institution is subject to any conditions set forth in subsection (1) of this rule or if the institution’s financial composite score falls between a 1.0 and 1.5.

(4)(3) Application for Removal of Provisional Status.

(a) through (b) No change.

(c) If the Council determines that an in-State institution approved to participate in SARA on provisional status no longer meets the requirements of their provisional approval or fails to gain full approval by the deadline established by the Council, the Council shall direct that the institution cease enrollments of students under the reciprocity agreement and:

1. through 2. No change.

(5)(4) No change.

Rulemaking Authority 1000.35(10), FS. Law Implemented 1000.35(3), (6)-(7), FS. History–New 10-17-17,___.

 

6N-1.004 Annual Renewal of Approval of In-State Institutions to Participate in Florida’s Reciprocity agreement

(1) An in-State institution shall apply to the Council annually on Form 1001, Renewal Application for Institutional Participation in SARA (http://www.flrules.org/Gateway/reference.asp?No=Ref-08708), effective October 2017. This form is incorporated by reference and may be obtained without cost from the Council’s website at www.flsara.org or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(2) The Council shall approve the renewal application if the in-State institution continues to meet the requirements set forth in this rule chapter.

(3) If a private institution, audited financial statement shall accompany the renewal application. The financial statement must show the financial responsibility score in accordance with Rule 6N-1.002(2)(b), F.A.C.

(4)(3) An in-State institution approved to participate in SARA on provisional status may not renew its provisional status.

Rulemaking Authority 1000.35(10), FS. Law Implemented 1000.35(3), (6)-(7), FS. History–New 10-17-17,___.

 

6N-1.005 Annual Fees for In-State Institutions to Participate in Florida’s Reciprocity Agreement

(1) An in-State institution shall pay annually the application and renewal fees set forth in this rule including fees to the Council and fees to NC-SARA. The institution shall submit a FL-SARA Fee Transmittal Form to the Council on Form 1002 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08709), effective October 2017. This form is incorporated by reference and may be obtained without cost from the Council’s website at www.flsara.org or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(2) Fees to the Council. Fees are based on the student data reported to the Integrated Postsecondary Education Data System (IPEDS) annually. An Institution that does not report to IPEDS is authorized to utilize its most recent actual full-time equivalent enrollment to determine the appropriate fee.

(a) through (c) No change.

(3) No change.

Rulemaking Authority 1000.35(10), FS. Law Implemented 1000.35(3), (5)-(7), FS. History–New 10-17-17,___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Morgan Champion, Director, Postsecondary Reciprocal Distance Education.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Postsecondary Reciprocal Distance Education Coordinating Council.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 8, 2018.