Avery Template 3245

Document Sample
Avery Template 3245 Powered By Docstoc
					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,
           lstruffo@mail.nysed.gov
           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, lpoe@utah.gov
              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.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:27
posted:1/4/2011
language:English
pages:11
Description: Avery Template 3245 document sample