Connecticut 2021 Regular Session Status: Enacted

SB 998 — AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF HIGHER EDUCATION REGARDING PRIVATE OCCUPATIONAL SCHOOLS AND CLOSURE PLANS OF INSTITUTIONS OF HIGHER EDUCATION.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 04, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

252 added · 388 removed

Plain-language change summary

The amendments to SB 998 focus on the requirements for entities seeking to offer occupational instruction. Notably, the new language requires that the application for a certificate of authorization must include clear descriptions of the employment requirements and barriers for each occupational program. This change matters because it aims to provide greater transparency for prospective students, helping them better understand the job market and what is needed for employment in their chosen fields.

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Senate General Assembly File No.
Substitute Senate Bill No.
293 January Session, 2021 Substitute Senate Bill No.
998 Public Act No.
998 Senate, April 6, 2021 The Committee on Higher Education and Employment Advancement reported through SEN.
21-45 AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF HIGHER EDUCATION REGARDING PRIVATE OCCUPATIONAL SCHOOLS AND CLOSURE PLANS OF INSTITUTIONS OF HIGHER EDUCATION.
SLAP of the 5th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF HIGHER EDUCATION REGARDING PRIVATE OCCUPATIONAL SCHOOLS AND CLOSURE PLANS OF INSTITUTIONS OF HIGHER EDUCATION.
(2) ownership and organization of the school including the names and addresses of all principals, officers, sSB998 / File No.
(2) ownership and organization of the school including the names and addresses of all principals, officers, members and directors;
293 1 sSB998 File No.
293 members and directors;
(6) the proposed student enrollment agreement, which includes for each program of occupational instruction offered a description, in plainlanguage, ofany requirementsfor employment insuchoccupation or barriers to such employment pursuant to state law or regulations;
(6) the proposed student enrollment agreement, which includes Substitute Senate Bill No.
998 for each program of occupational instruction offered a description, in plainlanguage, ofany requirementsfor employment insuchoccupation or barriers to such employment pursuant to state law or regulations;
An annual financial statement detailing the financial status of the school shall be sSB998 / File No.
An annual financial statement detailing the financial status of the school shall be prepared by school management and reviewed or audited, or, for a nonaccredited school annually [enrolling fewer than ten students] Public Act No.
293 2 sSB998 File No.
21-45 2 of 9 Substitute Senate Bill No.
293 prepared by school management and reviewed or audited, or, for a nonaccredited school annually [enrolling fewer than ten students] receiving less than fifty thousand dollars in tuition revenue, compiled, by a licensed certified public accountant or licensed public accountant in accordance with standards established by the American Institute of Certified Public Accountants.
998 receiving less than fifty thousand dollars in tuition revenue, compiled, by a licensed certified public accountant or licensed public accountant in accordance with standards established by the American Institute of Certified Public Accountants.
(a) A certificate of authorization issued to a private occupational school pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-22u to 10a-22w, inclusive, as amended by this act, may be revoked by the executive director if such school (1) sSB998 / File No.
(a) A certificate of authorization issued to a private occupational school pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-22u to 10a-22w, inclusive, as amended by Public Act No.
293 3 sSB998 File No.
21-45 3 of 9 Substitute Senate Bill No.
293 ceases to meet the conditions of its authorization;
998 this act, may be revoked by the executive director if such school (1) ceases to meet the conditions of its authorization;
(a) No representative of a private occupational school not authorized pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-22u to 10a-22w, inclusive, as amended by this act, shall visit the residence of any prospective student, solicit enrollments, sell occupational instruction in any form or manner, make representations or give counsel to prospective students without first obtaining a permit from the executive director.
[(a)No representativeofaprivateoccupationalschoolnot authorized pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, shall visit the residence of any prospective student, solicit enrollments, sell occupational instruction in any form or manner, make representations or give counsel to prospective students withoutfirstobtainingapermitfromtheexecutivedirector.Suchpermit shall not be represented to constitute approval of the school itself.
Such permit shall not be represented to constitute approval of the school itself.
(b) Any person seeking to represent an out-of-state private occupational school not authorized pursuant to sections 10a-22a to 10a- 22o, inclusive, as amended by this act, and sections 10a-22u to 10a-22w, inclusive,asamended bythisact,shallfilean applicationwiththeOffice of Higher Education on forms prescribed by the executive director.
(b) Any person seeking to represent an out-of-state private occupational school not authorized pursuant to sections 10a-22a to 10a- 22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, shall file an application with the Office of Higher Education on forms prescribed by the executive director.
The permit shall be valid for a period of one year from date of issuance.
The permit shall be valid for a period of one year from date of issuance.] Public Act No.
(c) Any out-of-state private occupational school that seeks to operate a distance learning program in the state shall submit an application to sSB998 / File No.
21-45 4 of 9 Substitute Senate Bill No.
293 4 sSB998 File No.
998 Any out-of-state private occupational school that seeks to operate a distance learning program in the state shall submit an application to the Office of Higher Education in the form and manner prescribed by the office.
293 the Office of Higher Education in the form and manner prescribed by the office.
Each private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, shall pay to the State Treasurer an amount equal to four-tenths of one per cent of the tuition received by such school per calendar quarter exclusive of any refunds paid, except that distance learning and correspondence schoolsauthorizedinaccordance withthe provisionsof [sections 10a-22a to 10a-22o, inclusive,] subsection (c) of section 10a-22h, as amended by this act, shall contribute to said account only for Connecticut residents enrolled in such schools.
Each private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, shall pay to the State Treasurer an amount equal to four-tenths of one per cent of the tuition received by such school per calendar quarter exclusive of any refunds paid, except that distance learning and correspondence schoolsauthorizedinaccordance withthe provisionsof [sections 10a-22a to 10a-22o, inclusive,] section 10a-22h, as amended by this act, shall contribute to said account only for Connecticut residents enrolled in such schools.
Payments shall be made by January thirtieth, April thirtieth, July thirtieth and October thirtieth in each year for tuition received during the three months next preceding themonthofpayment.Inadditiontoamountsreceivedbasedontuition, the account shall also contain any amount required to be deposited into the account pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this act.
Payments shall be made by January thirtieth, April thirtieth, July thirtieth and October thirtieth in each year for tuition received during the three months next preceding the month of Public Act No.
21-45 5 of 9 Substitute Senate Bill No.
998 payment.
In addition to amounts received based on tuition, the account shall also contain any amount required to be deposited into the account pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this act.
Any interest, income and sSB998 / File No.
Any interest, income and dividends derived from the investment of the account shall be credited to the account.
293 5 sSB998 File No.
293 dividends derived from the investment of the account shall be credited to the account.
The executive director may assess the account for all direct expenses incurred in the implementation of the purposes of this section which are in excess of the normal expenditures of the Office of Higher Education.
The executive director may assess the account for all direct expenses incurred in the implementation of thepurposes of this section which are in excess of the normal expenditures of the Office of Higher Education.
Any student enrolled in a private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, who is unable to complete an approved course or unit of instruction at such school because of the insolvency or cessation of operation of the school and who has paid tuition for such course or unit of instruction, may, not later than two years after the date on which such school became insolvent or ceased operations, make application to the executive director for a refund of tuition from the account established pursuant to section 10a-22u, as amended by this act, to the extent that such account exists or has reached the level necessary to pay outstanding approved claims, except that in the case of distance learning and correspondence schools authorized in accordance with the provisions of [sections 10a-22a to 10a-22o, inclusive,] subsection (c) of section 10a-22h, as amended by this act, only Connecticut residents enrolled in such schools may be eligible for such refund.
Any student enrolled in a private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, who is unable to complete an approved course or unit of instruction at such school because of the insolvency or cessation of operation of the school and who has paid tuition for such course or unit of instruction, may, not later than two years after the date on which such school became insolvent or ceased operations, make application to the executive director for a refund of tuition from the account established pursuant to section 10a-22u, as amended by this act, to the extent that such account exists or has reached the level necessary to pay outstanding approved claims, except that in the case of distance learning and correspondence schools authorized in accordance with the provisions of [sections 10a-22a to 10a-22o, inclusive,] section 10a-22h, as amendedbythisact,onlyConnecticutresidentsenrolledinsuchschools may be eligible for such refund.
The executive director may summon by subpoena any person, records or documents pertinent to the making of a determination regarding insolvency or cessation of operation.
The executive Public Act No.
21-45 6 of 9 Substitute Senate Bill No.
998 director may summon by subpoena any person, records or documents pertinent to the making of a determination regarding insolvency or cessation of operation.
If the executive sSB998 / File No.
If the executive director finds that the applicant is entitled to a refund of tuition because of the insolvency or cessation of operation of the school, the executive director shall determine the amount ofanappropriate refundwhichshallbeequaltothetuitionpaid for the uncompleted course or unit of instruction.
293 6 sSB998 File No.
Thereafter the executive director shalldirect theState Treasurer to pay,per order ofthe Comptroller, the refund to the applicant or persons, agencies or organizations indicated by the applicant who have paid tuition on the student's behalf.
293 director finds that the applicant is entitled to a refund of tuition because of the insolvency or cessation of operation of the school, the executive director shall determine the amount of an appropriate refund which shall be equal to the tuition paid for the uncompleted course or unit of instruction.
Thereafter the executive director shall direct the State Treasurer to pay, per order of the Comptroller, the refund to the applicant or persons, agencies or organizations indicated by the applicant who have paid tuition on the student's behalf.
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In no event shall a refund be made from the student protection account for any financial aid provided to or on behalf of any student in accordance with the provisions of Title IV, Part B of the Higher Education Act of 1965, as amended from time to time.
In no event shall a refund be madefromthestudent protectionaccountforanyfinancialaidprovided to or on behalf of any student in accordance with the provisions of Title IV, Part B of the Higher Education Act of 1965, as amended from time to time.
Any student who falsifies information on an application for tuition reimbursement shall lose his or her right to any refund from the account.
Any student who falsifies information on an application for tuition reimbursementshalllosehisorherrighttoanyrefundfromtheaccount.
(NEW) (c) Not later than January 1, 2022, each independent institution of higher education shall submit to the Office of Higher Education a closure plan, which shall include, but need not be limited to, (1) how such institution will respond to a natural disaster, pandemic, data security threat or other catastrophic event that impacts the operations of such institution, and (2) how such institution will manage student records, provide a continuity of education for enrolled students and administer student financial aid and refunds.
Public Act No.
An independent institution of higher education that is regionally accredited may comply sSB998 / File No.
21-45 7 of 9 Substitute Senate Bill No.
293 7 sSB998 File No.
998 (NEW) (c) Not later than January 1, 2022, each independent institution of higher education shall submit to the Office of Higher Education a closure plan, which shall include, but need not be limited to, (1) how such institution will respond to a natural disaster, pandemic, data security threat or other catastrophic event that impacts the operations of such institution, and (2) how such institution will manage student records, provide a continuity of education for enrolled students and administer student financial aid and refunds.
293 with the requirements of this subsection by submitting to said office the same closure plan that the institution submitted to the regional accreditation agency.
An independent institution of higher education that is regionally accredited may comply with the requirements of this subsection by submitting to said office the same closure plan that the institution submitted to the regional accreditation agency.
If an independent institution of higher education updatesitsclosureplan,thensuchinstitutionshallsubmit suchupdated closure plan not later than thirty days after the governing board of such institution approves such updated closure plan.
If an independent institution of higher education updatesitsclosureplan,thensuchinstitutionshallsubmitsuchupdated closure plan not later than thirty days after the governing board of such institution approves such updated closure plan.
(6) evidence of communication with theUnitedStatesDepartment ofEducationandsaidoffice regarding the management ofstudent refunds,stateorfederalgrantsandscholarships and state loans;
(6) evidence of communication with the United States Department of Education regarding the management of student refunds, state or federal grants and scholarships and state loans;
This act shall take effect as follows and shall amend the following sections:
Public Act No.
Section 1 July 1, 2021 10a-22b(c) Sec.
21-45 8 of 9 Substitute Senate Bill No.
2 July 1, 2021 10a-22d(g) Sec.
998 Approved June 14, 2021 Public Act No.
3 July 1, 2021 10a-22d Sec.
21-45 9 of 9
4 July 1, 2021 10a-22f(a) Sec.
5 July 1, 2021 10a-22h Sec.
6 July 1, 2021 10a-22u(a) Sec.
7 July 1, 2021 10a-22v Sec.
8 July 1, 2021 10a-34e sSB998 / File No.
293 8 sSB998 File No.
293 Statement of Legislative Commissioners:
In Section 3, "on the date" was changed to "on or before the date" and "the end of" was inserted before "any period" for clarity;
in Sections 6 and 7, the brackets were moved to bracket "sections 10a-22a to 10a-22o, inclusive," and "subsection (c) of section 10a-22h, as amended by this act" was inserted to conform with changes being made to section 5 of this bill;
and in Section 8(c)(1), "that impacts the operations of such institutions" was inserted for clarity.
HED Joint Favorable Subst.
sSB998 / File No.
293 9 sSB998 File No.
293 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill makes various procedural and technical changes to private occupational schools, which do not result in a fiscal impact to the state or General Fund.
The Out Years State Impact:
None Municipal Impact:
None sSB998 / File No.
293 10 sSB998 File No.
293 OLR Bill Analysis sSB 998 AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF HIGHER EDUCATION REGARDING PRIVATE OCCUPATIONAL SCHOOLS AND CLOSURE PLANS OF INSTITUTIONS OF HIGHER EDUCATION.
SUMMARY This bill makes the following changes in the laws governing private occupational schools and higher education institution closures:
1.
changes the threshold for when nonaccredited private occupational schools must include certain financial statements in their application to the Office of Higher Education (OHE) for a certificate of authorization and their annual financial status statement (§§ 1 & 2);
2.
allows OHE’s executive director to deny a private occupational school’s certificate of authorization renewal or revoke its issued one if the school does not file its completed renewal application by its due date or extended due date (§§ 3 & 4);
3.
requires out-of-state private occupational schools seeking to operate distance learning programs in Connecticut to follow an application process and standards established by OHE (§§ 5-7);
and 4.
requiresprivatecollegesanduniversitiesto submit a closure plan to OHE by January 1, 2022, describing the institution’s specific plans for responding to emergency events and managing student-related closure issues (§ 8).
The bill also makes technical and conforming changes.
sSB998 / File No.
293 11 sSB998 File No.
293 EFFECTIVE DATE:
July 1, 2021 §§ 1 & 2 — NONACCREDITED PRIVATE OCCUPATIONAL SCHOOL OHE FILINGS By law, private occupational schools must send to OHE financial statements detailing their financial condition as part of their (1) application for a certificate of authorization and (2) annual financial status statement.
The bill requires nonaccredited private occupational schools to compile their financial statements using a licensed certified public accountant or licensed public accountant, in accordance with American Institute of Certified Public Accountants standards, if the school receives less than $50,000 in annual tuition revenue, rather than if the school annually enrolls fewer than 10 students, as under current law.
§§ 5-7 — DISTANCE LEARNING PROGRAMS OFFERED BY OUT- OF-STATE PRIVATE OCCUPATIONAL SCHOOLS The bill requires out-of-state private occupational schools seeking to operate a distance learning program in Connecticut to apply to OHE and follow its standards.
The office must approve or reject each application in accordance with these standards.
Under the bill, a “distance learning program” is a program of study that broadcasts lectures or conducts classes online or by correspondence and does not require in-person attendance.
Under the bill, OHE authorization to operate the distance learning program is valid for one year and may be renewed annually.
The office must establish an application and renewal fee schedule for approved out-of-state private occupational schools.
§ 8 — PRIVATE COLLEGE AND UNIVERSITY CLOSURE PLANS Submission The bill requires each private higher education institution to submit a closure plan to OHE.
The plan must address the institution’s (1) planned response to a natural disaster, pandemic, data security threat, or other catastrophic event and (2) management of student records, education continuity, and administration of financial aid and refunds.
sSB998 / File No.
293 12 sSB998 File No.
293 The bill allows regionally accredited private institutions to comply with these requirements by submitting the same closure plan it submitted to the accreditation agency.
It also requires these institutions to submit any closure plan updates within 30 days after the institution’s governing board approves them.
Notice Under the bill, a private higher education institution planning to close permanently must submit written notice of the closure to OHE within 30 days after its governing board authorizes the closure.
The notice must contain the follow information:
1.
planned date of operations termination;
2.
planned date and location for the student records transfer;
3.
organization’s name and address that will receive and maintain the student records;
4.
name and contact information of the designated office or official who will manage transcript requests;
5.
arrangement to facilitate a teach-out to continue enrolled students’ education;
6.
evidence of communication with the U.S.
Department of Education and said office about managing student refunds, state or federal grants and scholarships, and state loans (it is unclear to which office this refers);
and 7.
evidence of communication with the regional accreditation agency about the closure, if applicable.
COMMITTEE ACTION Higher Education and Employment Advancement Committee Joint Favorable Substitute Yea 22 Nay 0 (03/18/2021) sSB998 / File No.
293 13
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-45

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE ADOPTED SEN. AMEND. SCH. A

  8. HOUSE CALENDAR NUMBER 508

  9. FAV. RPT., TABLED FOR HOUSE CALENDAR

  10. SEN. PASSED, SEN. AMEND. SCH. A

  11. SEN. ADOPTED SEN. AMEND. SCH. A

  12. FILE NO. 293

  13. SENATE CALENDAR NUMBER 186

  14. FAV. RPT., TAB. FOR CAL., SEN.

  15. RPTD. OUT OF LCO

  16. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21

  17. FILED WITH LCO

  18. Joint Favorable Substitute

  19. PUBLIC HEARING 0309

  20. REF. TO JOINT COMM. ON Higher Education and Employment Advancement

Sponsors

  • Kenneth M Gucker · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Gucker, Kenneth M

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Who sponsors SB 998?
SB 998 is sponsored by Gucker, Kenneth M.
What is the current status of SB 998?
This bill has been enacted into law. Introduced March 04, 2021. Enacted.
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