HB 481 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE HIGHER EDUCATION OFFICE AND APPROVAL OF POSTSECONDARY INSTITUTIONS.

Summary

This Act will amend the Delaware Code relating to the powers of the Delaware Higher Education Office and the state authorization of private postsecondary institutions. The intent of the Act is to increase consumer protections for students enrolled in private postsecondary institutions as it relates to student loans, distance education, and predatory practices. The Act will also clarify the current functions of the Delaware Higher Education Office relating to student support for transitions into postsecondary education and execution of state financial aid programs through the elimination of functions that are no longer under the purview of the Delaware Higher Education Office. This Act establishes responsibilities for certain postsecondary institutions, private schools, and trade schools prior to ceasing operation. This Act changes the penalty for an individual violating chapter 85 from a fine not to exceed $500 to a fine of a minimum of $500 for each offense and changes the penalty for a person violating chapter 85 from a fine not to exceed $1,000 to a fine of a minimum of $1000 for each offense. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee.

Bill Text

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The bill establishes new criteria and procedures for the operation and approval of postsecondary institutions in Delaware, enhancing oversight and student protections.

• § 121

  Determining criteria to be met and procedures to be followed by institutions of postsecondary education that offer courses, programs of courses, or degrees within the State but that are not institutions either incorporated in Delaware or located in Delaware except for the purpose of offering the particular courses, programs of courses, or degrees referred to above. The administration of the authority herein granted shall be carried out according to rules and regulations of the Department as authorized in § 122 of this title; and → Establishing the criteria for and approving the operation of postsecondary institutions in the State that are not established by law and authorizing postsecondary institutions that are not established by law to confer degrees;

  This change shifts the focus from merely determining existing criteria to actively establishing and approving criteria for postsecondary institutions not established by law.

• § 122

  Implementing the Delaware Higher Education Office’s purpose and responsibilities, governing postsecondary institutions that are not established according to Delaware law, and administering student assistance programs. → Implementing the Delaware Higher Education Office’s purpose and responsibilities, governing postsecondary institutions that are not established according to Delaware law, and administering student assistance programs. Rules and regulations adopted pursuant to this subsection are subject to the approval of the State Board of Education;

  This ensures that the administration of regulations regarding unestablished postsecondary institutions includes oversight by the State Board of Education.

• § 181

  Ensure that higher education is accessible and affordable to for all Delaware students who qualify for admission by providing financial assistance and guidance services; services. → Ensure that higher education is accessible and affordable for all Delaware students who qualify for admission by providing financial assistance and guidance services;

  The amendment corrects the phrasing for clarity, ensuring the focus remains on accessibility and affordability for Delaware students.

• § 185

  The term does not include institutions that are established by Delaware law. or private business and trade schools under Chapter 85 of this title, except as otherwise provided in this subchapter. → The term does not include institutions that are established by Delaware law or private business and trade schools under Chapter 85 of this title, except as otherwise provided in this subchapter.

  This change corrects the punctuation, improving clarity but does not alter the meaning.

• § 186

  No person may operate a postsecondary institution without having obtained a certificate of approval from the Department.

  This section reinforces the requirement for postsecondary institutions to obtain a certificate of approval to operate, thus increasing accountability.

Action History

1. August 04, 2022

   Signed by Governor

2. June 30, 2022

   Passed By Senate. Votes: 18 YES 3 NO

3. June 29, 2022

   Reported Out of Committee (Education) in Senate with 3 Favorable, 3 On Its Merits

4. June 28, 2022

   Assigned to Education Committee in Senate

5. June 28, 2022

   Passed By House. Votes: 41 YES

6. June 23, 2022

   Reported Out of Committee (Education) in House with 1 Favorable, 9 On Its Merits

7. June 14, 2022

   Introduced and Assigned to Education Committee in House

Sponsors

• Madinah Wilson-Anton · Primary
• Marie Pinkney · Primary
• Nicole Poore · Cosponsor
• Edward S. Osienski · Cosponsor
• Valerie Longhurst · Primary

Votes

Subjects