Memorandum to Interested Parties From: Brian Newman Subject: State Legislative and Regulatory Activity Please find CCA’s report of state legislative and regulatory activity attached. This report features an Alaska scholarship bill and a proposed Utah Board of Nursing rule that in each case would restrict eligibility to intuitions accredited by Council for Higher Education Accreditation (CHEA) recognized accreditors. Under current regulations, the Utah Board of Nursing specifically recognizes several national accreditors for LPN and RN programs. It also highlights two bills that seek to expand state programs to include our sector: Florida SB 606 and North Dakota SB 2066. The Florida bill would allow the transfer of benefits received from the Florida Prepaid College Program to private and out-of-state colleges and universities. Senator Lee’s (R-West Fargo) bill in North Dakota defines private, for profit post-secondary educational institutions as "eligible institutions" for the state’s tuition assistance grant program. The measure does however stipulate that institutions must be with in the state and offer a program of instruction at least equal in length to two academic years. CCA is also monitoring the developments in Tennessee where The Nashville Tennessean reports “in a stunning piece of political theater, House Democrats elected a Republican as speaker on Tuesday, snatching the speaker's gavel from the grasp of GOP Majority Leader Jason Mumpower, who was expected to be elected, and ensuring a power-sharing arrangement between the parties.” The full article and video from yesterday’s House proceedings can be viewed here. As always, CCA will continue to monitor developments across the country. I. Legislative Update AK S 33 AUTHOR: Ellis (D) TITLE: Postsecondary Scholarships PREFILED: 01/09/2009 DISPOSITION: Pending LOCATION: SENATE SUMMARY: Creates a postsecondary scholarship grant program for Alaska residents based on high achievement and financial need. STATUS: 01/09/2009 PREFILED. CCA Note: the bill creates the Alaska Achievers' Incentive Scholarship Program to provide $1,000-20,000 of aid to students who achieve a cumulative grade point average of 3.0, demonstrates financial need, and is attending a postsecondary school in Alaska. "Qualifying postsecondary institution" means a postsecondary school located in the state that is accredited by a national or regional accrediting body recognized by the Council for Higher Education Accreditation. CO H 1033 SPONSOR: Schafer (D) TITLE: Flight Schools Regulation INTRODUCED: 01/07/2009 DISPOSITION: Pending LOCATION: House Education Committee SUMMARY: Exempts flight schools that are approved and regulated by the federal aviation administration from statutory provisions concerning private occupational schools. STATUS: 01/07/2009 INTRODUCED. 01/07/2009 To HOUSE Committee on EDUCATION. FL H 281 AUTHOR: Weinstein (R) TITLE: Florida Prepaid Tuition Scholarship Program PREFILED: 01/09/2009 DISPOSITION: Pending LOCATION: HOUSE SUMMARY: Relates to florida prepaid tuition scholarship program; provides for aggregation into one pool per program of unused student credit hours purchased by private sector entity; provides for reissuance of such credit hours as prepaid tuition scholarships for eligible students. STATUS: 01/09/2009 PREFILED. FL S 442 AUTHOR: Fasano (R) TITLE: Education Dollars for Duty Program PREFILED: 12/22/2008 DISPOSITION: Pending LOCATION: SENATE SUMMARY: Relates to education dollars for duty program; revises provisions relating to the duties of the Adjutant General; removes the duties of the Board of Governors and the State Board of Education for the Education Dollars for Duty Program; provides for education assistance for members of the Florida National Guard who enroll in a private institution. STATUS: 12/22/2008 PREFILED. CCA Note: The bill states that the Adjutant General shall develop an education assistance program for members in good standing of the Florida National Guard who enroll in a public or private institution of higher learning in the state, which has been accredited by the Commission on Colleges of the Southern Association of Colleges and Schools. Additionally, the measure provides that if a member is enrolled in a nonpublic postsecondary education institution, the Department of Military Affairs shall pay an amount equal to the amount that would be required to pay for the average tuition and fees at a public postsecondary education institution. CCA has learned that Senator Fasano is willing to expand the scope of the bill to include non- SACS accredited institutions. FL S 606 AUTHOR: Wise (R) TITLE: Florida Prepaid College Program PREFILED: 01/08/2009 DISPOSITION: Pending LOCATION: SENATE SUMMARY: Relates to florida prepaid college program; revises provisions relating to the transfer of benefits received from the Florida Prepaid College Program to private and out-of-state colleges and universities and to career centers; amends a provision relating to professional guardians; conforms a cross-reference. STATUS: 01/08/2009 PREFILED. CCA Note: The bill allows the transfer of benefits received from the Florida Prepaid College Program to private and out-of-state colleges and universities and to career centers. States that any advertisement disseminated by a for profit college or university which references the Stanley G. Tate Florida Prepaid College Program shall clearly state the following: “While the benefits of the Florida Prepaid College contract may be used at this institution, the Florida Prepaid College Board does not endorse any particular college or university.” IN H 1036 AUTHOR: Klinker (D) TITLE: Lifelong Learning Account Pilot Program INTRODUCED: 01/07/2009 DISPOSITION: Pending LOCATION: House Education Committee SUMMARY: Requires the Indiana education savings authority to establish and administer a lifelong learning account pilot program; specifies that a lifelong learning account established for a participating individual must be an account in a financial institution; allows a participating individual to deposit, from the individual's earned income, money that may be matched by the participating individual's employer, a financial institution, the state, or other entity. STATUS: 01/07/2009 INTRODUCED. 01/07/2009 To HOUSE Committee on EDUCATION. CCA Note: This measure is similar to Indiana SB 131 that was reported on last week. KY H 156 SPONSOR: Koenig (R) TITLE: Education Excellence INTRODUCED: 01/08/2009 DISPOSITION: Pending LOCATION: HOUSE SUMMARY: Relates to the Kentucky educational excellence scholarship program. Permits an eligible post secondary education student to use his or her scholarship award at any out of state institution that is located within fifteen miles of the Kentucky State border. STATUS: 01/08/2009 INTRODUCED. CCA Note: The bill amends the requirement for Kentucky Educational Excellence Scholarship Program (KEES) to require that any out-of-state institution offering a degree program not offered in Kentucky and located within 15 miles of the Kentucky state border is an approved participating institution. MS H 228 AUTHOR: Moak (D) TITLE: Mississippi Community And Junior College Transfer INTRODUCED: 01/06/2009 DISPOSITION: Pending LOCATION: House Universities and Colleges Committee SUMMARY: Relates to Mississippi Community and Junior College Transfer Grant Program; create. STATUS: 01/06/2009 INTRODUCED. 01/06/2009 To HOUSE Committee on UNIVERSITIES AND COLLEGES. 01/06/2009 To HOUSE Committee on APPROPRIATIONS. CCA Note: This measure would establish an educational grant to students transferring from a public community or junior college in Mississippi to a public or private institution of higher education in Mississippi. Amount totals $1,000 annually with an additional $1,000 to students pursuing undergraduate collegiate work in engineering, mathematics, nursing, teaching or science. Eligibility for a grant under this program is limited to three academic years or seventy credit hours. The measure stipulates that the student must apply to the private or public higher education institute after receiving an associate degree from the public community or junior college in Mississippi and have maintained a minimum cumulative grade point average of 3.0 calculated on a 4.0 scale while enrolled in the associate degree program. Provides that student must be accepted for enrollment, no later than the first fall semester after earning the associate degree, at a public or private institution of higher learning in Mississippi as a full-time undergraduate student pursuing a first baccalaureate degree in an educational program other than one providing religious training or theological education. MS H 265 AUTHOR: Bounds (D) TITLE: Income Tax INTRODUCED: 01/06/2009 DISPOSITION: Pending LOCATION: House Ways and Means Committee SUMMARY: Relates to income tax; authorizes credit for portion of costs of college textbooks. STATUS: 01/06/2009 INTRODUCED. 01/06/2009 To HOUSE Committee on WAYS AND MEANS. NE L 102 AUTHOR: Adams (NP) TITLE: Defines High School Graduate INTRODUCED: 01/09/2009 DISPOSITION: Pending LOCATION: Legislature SUMMARY: Provides a definition of high school graduate for purposes of postsecondary educational financial aid. STATUS: 01/09/2009 INTRODUCED. CCA Note: States that, for purposes of financial aid relating to postsecondary education and admission to postsecondary educational institutions, a student shall be deemed a high school graduate if he or she has obtained an Associate of Arts degree or an Associate of Science degree from a community college or high school in Nebraska with the following academic credits: 1) Four units of English; 2) Three units of mathematics; 3) Three units of natural science; 4) Four units of social science. NE L 127 AUTHOR: Avery (NP) TITLE: Textbook Sales Tax Exemption INTRODUCED: 01/09/2009 DISPOSITION: Pending LOCATION: Legislature SUMMARY: Exempts college textbooks and school expenses from sales tax as prescribed. STATUS: 01/09/2009 INTRODUCED. NJ A 3245 IDENTICAL: NJ S 1609 SPONSOR: Diegnan (D) TITLE: Higher Education Structure and Finance INTRODUCED: 10/06/2008 DISPOSITION: Pending LOCATION: Assembly Higher Education Committee SUMMARY: Improves the structure, financing, and fiscal management of public higher education; implements recommendations contained in the Commission of Investigation report entitled Vulnerable to Abuse: The Importance of Restoring Accountability, Transparency and Oversight to Public Higher Education Governance; creates the office of the Secretary of Higher Education; allows the Educational Facilities Authority to issue bonds to finance tax-exempt working capital loans for public and private higher education. STATUS: 10/06/2008 INTRODUCED. 10/06/2008 To ASSEMBLY Committee on HIGHER EDUCATION. CCA Note: A hearing on this bill is scheduled for January 15, 2009. The measure provides for the creation of a new cabinet-level position, the Secretary of Higher Education. The secretary will be appointed by the Governor with the advice and consent of the Senate and will serve as executive director of the New Jersey Commission on Higher Education. AB 3245 also increases the number of members serving on the commission from 11 to 15. NY A 647 SPONSOR: Kavanagh (D) TITLE: Tuition Assistance Awards Duration INTRODUCED: 01/07/2009 DISPOSITION: Pending LOCATION: Assembly Higher Education Committee SUMMARY: Extends the duration of tuition assistance awards to five years. STATUS: 01/07/2009 INTRODUCED. 01/07/2009 To ASSEMBLY Committee on HIGHER EDUCATION. NY A 1035 SPONSOR: McEneny (D) TITLE: Award of Regents Scholarships for Nurses INTRODUCED: 01/07/2009 DISPOSITION: Pending LOCATION: Assembly Higher Education Committee SUMMARY: Provides for the award of regents scholarships and loan forgiveness for nurses on the same terms as physicians; applies to registered professional nurses as defined in section 6903 of the education law. STATUS: 01/07/2009 INTRODUCED. 01/07/2009 To ASSEMBLY Committee on HIGHER EDUCATION NY A 1367 SPONSOR: Englebright (D) TITLE: Higher Education INTRODUCED: 01/07/2009 DISPOSITION: Pending LOCATION: ASSEMBLY SUMMARY: Requires institutions of higher education to publish a list of all courses offered to include the instructor, instructional materials needed or recommended, and expected number of students to be enrolled; requires such institutions to provide information on instructional materials to bookstores, other than those operated by the institution and provide equal access to students. STATUS: 01/07/2009 INTRODUCED. 01/07/2009 To ASSEMBLY Committee on HIGHER EDUCATION. CCA Note: Bill text is not available at this time. ND H 1176 AUTHOR: House Appropriations Committee TITLE: Dental Professionals INTRODUCED: 01/06/2009 DISPOSITION: Pending LOCATION: House Human Services Committee SUMMARY: Concerns dental assistant, hygienists and dentist licensure; concerns practice. STATUS: 01/06/2009 INTRODUCED. 01/06/2009 To HOUSE Committee on HUMAN SERVICES. CCA Note: Previously reported. Status update only. ND S 2080 AUTHOR: Senate Education Committee TITLE: Postsecondary Accreditation INTRODUCED: 01/06/2009 DISPOSITION: Pending LOCATION: Senate Education Committee SUMMARY: Concerns operation of accreditation mills; concerns authorizations to operate postsecondary educational institutions and false academy degrees; concerns negotiation of promissory instruments by postsecondary educational institutions; provides a penalty. STATUS: 01/06/2009 INTRODUCED. 01/06/2009 To SENATE Committee on EDUCATION. ND S 2166 AUTHOR: Lee J (R) TITLE: Student Financial Assistance INTRODUCED: 01/08/2009 DISPOSITION: Pending LOCATION: Senate Education Committee SUMMARY: Relates to financial assistance for students; relates to the tuition assistance grant program. STATUS: 01/08/2009 INTRODUCED. 01/08/2009 To SENATE Committee on EDUCATION. CCA Note: Senator Lee bill would defines private, for profit post-secondary educational institutions as "eligible institutions" for the state’s tuition assistance grant program. The measure stipulates that institutions must be with in the state and offer a program of instruction at least equal in length to two academic years. (2007) OH SPONSOR: Grendell (R) S 203 TITLE: Regulation of Pharmacy Technicians INTRODUCED: 07/19/2007 ENACTED: 01/07/2009 DISPOSITION: Enacted LOCATION: Signed by Governor SUMMARY: Requires the State Board of Pharmacy to certify and regulate persons who work as pharmacy technicians; prohibits unauthorized pharmacy-related drug conduct relative to persons employed as pharmacy technicians; provides for deposit of fines into the state treasury to the credit of the occupational licensing and regulatory fund; exempts a vocational school district or joint vocational school district certified by the department of education or approved by the board of regents; relates to training programs. STATUS: 01/07/2009 Signed by GOVERNOR. CCA Note: Previously reported. Status update only. SD H 1046 AUTHOR: House Education Committee TITLE: Scholarship Eligibility Requirements PREFILED: 01/07/2009 DISPOSITION: Pending LOCATION: HOUSE SUMMARY: Revises the eligibility requirements for the Richard Hagen-Minerva Harvey memorial scholarship award. STATUS: 01/07/2009 PREFILED. CCA Note: The bill amends qualifications to participate in the Richard Hagen-Minerva Harvey Memorial Scholarship Award program to include any enrolled member of an American Indian tribe. Prior language mandated that participants belong to an American Indian tribe located within South Dakota. UT H 35 AUTHOR: Dougall (R) TITLE: Nonrefundable Higher Education Tuition Credit PREFILED: 01/05/2009 DISPOSITION: Pending LOCATION: HOUSE SUMMARY: Creates a tax credit for higher education tuition and fees; allows a claimant to claim a nonrefundable tax credit, equal to a specified percentage of the claimants total tax liability, for tuition and mandatory fees for the claimant's enrollment in an institution within the state system of higher education; allows the claimant to carry forward the nonrefundable tax credit if the amount of the tax credit exceeds the allowable percentage of the claimant's tax liability before tax credits. STATUS: 01/05/2009 PREFILED. CCA Note: As currently drafted, the measure permits a tax claimant to file a nonrefundable tax credit for tuition and mandatory fees for the claimant's enrollment in an institution within the state system of higher education. II. Regulatory Update ID 7771 2008 STATE ID: 08-0111-0801 AGENCY: Board of Education TITLE: Out of State Institutions PROPOSED: 05/01/2008 ADOPTED: 05/01/2008 SUMMARY: Repeals the chapter in its entirety and replaces with the chapter adopted in Docket No. 08-0111-0802. AGENCY CONTACT: Mike Rush, Interim Executive Director, State Board of Education, PO Box 83720, Boise, ID 83720-0037, 208-334-2270, fax 208-334-2632 CITATION: IDAPA 08.01.11 STATUS: 11/14/2008 Pending Legislative Review Vol. 09-1, Idaho Administrative Bulletin 01/07/2009 p. 36 ID 7772 2008 STATE ID: 08-0111-0802 AGENCY: Board of Education TITLE: Registration of Postsecondary Educational Institutions PROPOSED: 05/01/2008 ADOPTED: 05/01/2008 SUMMARY: Clarifies that postsecondary institutions need to register to ensure they are legitimate degree granting institutions and that proprietary schools are legitimate. AGENCY CONTACT: Mike Rush, Interim Executive Director, State Board of Education, PO Box 83720, Boise, ID 83720-0037, 208-334-2270, fax 208-334-2632 CITATION: IDAPA 08.01.11 STATUS: 05/01/2008 Proposed Rule COMMENT DL: 06/25/2008 Vol. 08-06, IAB, 06/04/2008, p. 28-44 05/01/2008 Temporary Rule Adoption - Concurrently Proposed EFFECTIVE: 04/17/2008 Vol. 08-06, IAB, 06/04/2008, p. 28-44 05/01/2008 Temporary Rule Amendment EFFECTIVE: 04/17/2008 Vol. 09-1, Idaho Administrative Bulletin 01/07/2009 05/01/2008 Pending Legislative Review Vol. 09-1, Idaho Administrative Bulletin 01/07/2009 pp. 37- 42 NY 20205 STATE ID: EDU-41-08-00007 2008 AGENCY: Education Department TITLE: Clinical Laboratory Personnel PROPOSED: 09/23/2008 ADOPTED: 12/23/2008 SUMMARY: Creates emergency rule to address licensure of clinical laboratory technologists, cytotechnologists, technicians, and histological technicians. AGENCY CONTACT: Lisa Struffolino, Office of Counsel, Education Department, Counsel's Office, Rm 148, 89 Washington Ave, Albany, NY 12234, 518-473-4921, email@example.com CITATION: Title 8 NYCRR 52.41, 79-13.4, 79-13.5, 79-13.6, 79-14.4, 79-15.4, 79-16 STATUS: 12/23/2008 Rule Adoption EFFECTIVE: 01/07/2009 Vol. XXXI, Issue 1, New York State Register 01/07/2009 p.14 PA 4311 STATE ID: 16A-4514 2007 AGENCY: Department of State/Bureau of Professional and Occupational Affairs/Board of Cosmetology TITLE: General Revisions PROPOSED: 08/25/2007 ADOPTED: 01/09/2009 SUMMARY: Amends rules to update terms and definitions relating to barbering and cosmetology. AGENCY CONTACT: Hilarene Staller, Administrator, Board of Cosmetology, PO Box 2649, Harrisburg, PA 17105-2649 CITATION: 49 PA Code Ch 7 STATUS: 01/09/2009 Rule Adoption EFFECTIVE: 01/10/2009 Vol. 39, No. 2, Pennsylvania Bulletin 01/10/2009 UT 32212 STATE ID: 32212 2008 AGENCY: Department of Commerce/Division of Occupational and Professional Licensing TITLE: Nurse Practice Rule Act PROPOSED: 12/15/2008 SUMMARY: Establishes and clarifies the requirements for certification as a medication aide and establishes a process for training programs to be approved by the Division. AGENCY CONTACT: Laura Poe, Commerce, Occupational and Professional Licensing, Heber M Wells Bldg, 160 E 300 S, Salt Lake City, UT 84111-2316, 801-530-6511, fax: 801-530-6511, firstname.lastname@example.org CITATION: R156-31b STATUS: 12/15/2008 Proposed Rule COMMENT DL: 02/02/2009 Vol. 2009, No. 1, Utah State Bulletin 01/01/2009 p.13 CCA Note: The Board of Nursing is proposing to require institutions offering an LPN or RN program to be accredited by an accrediting body recognized by the Council for Higher Education Accreditation (CHEA). See below. (5) In addition to the standards established in Subsections (1), (2), and (3) above, a parent education institution offering a nursing education program leading toward licensure as an RN shall: (a) be accredited or preaccredited regionally by a regional or national professional accrediting body approved by the Council for Higher Education Accreditation of the American Council on Education, and recognized by the nurse accrediting body from which the nursing program will seek nurse accreditationor one of the following national accrediting bodies: the Accrediting Bureau of Health Education Schools (ABHES), the Accrediting Commission of Career Schools and Colleges of Technology (ACCSCT), or the Accrediting Commission of the Distance Education and Training Council (DETC); and (b) provide or require not less than a two academic year program of study that awards a minimum of an associate degree.