THE SENATE

S.B. NO.

1382

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to education.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  In October 2010, the United States Department of Education issued new regulations for programs authorized under Title IV of the Higher Education Act of 1965, as amended, to hold programs accountable for preparing students for gainful employment, protect students from misleading recruiting practices, ensure that only eligible students receive financial aid, and strengthen federal student aid programs at for-profit, non-profit, and public institutions.  The regulations also include requirements for state authorization of institutions that offer educational programs beyond secondary education for purposes of federal program eligibility.

     The state post-secondary education commission, established under section 304A‑3151, Hawaii Revised Statutes, qualifies the State to receive funds made available under the Higher Education Act of 1965, as amended, and may serve as the state agency for the receipt of federal funds when necessary.  However, the commission does not authorize institutions to operate educational programs beyond secondary education, as may be required under new federal regulations.  Further, the commission is established under the University of Hawaii for administrative purposes.  The legislature finds that either the establishment of a separate entity or the placement of the commission under a different agency may result in an entity that is more broadly representative of post-secondary education in the State and more appropriate to serve as the authorizing state agency for the diverse institutions that operate educational programs beyond secondary education.

     Due to the July 1, 2011 effective date of the new regulations, the State will most likely be unable to satisfy all of the requirements relating to state authorization by the imminent deadline.  The United States Department of Education has provided the opportunity for states and institutions to receive an extension of the effective date for certain regulations, and the legislature finds that the State should proceed to request any necessary extensions.  In the meantime, it is the intent of the legislature to proactively seek solutions by determining what actions and changes are required for the State to come into compliance with the new regulations.

     The legislature further finds that the need to examine state authorization of institutions offering educational programs at the post-secondary education level presents an opportunity to also examine existing duties of the State that are related to the licensing or authorization of other educational institutions in the State and their administrators and instructors.  Specifically, the legislature finds that Hawaii is the only state that does not license principals.  The legislature also finds that the Hawaii teacher standards board, which has jurisdiction over the issuing, renewing, revoking, suspending, and reinstating of teachers' licenses, has been audited on more than one occasion with findings that include a lack of oversight, accountability, clearly defined program purpose, and timely completion of its duties.

     Although the legislature and the Hawaii teacher standards board have made efforts to improve the operations of the Hawaii teacher standards board, the legislature finds that it is appropriate at this time to consider whether functions such as the licensing of principals and the existing functions of the Hawaii teacher standards board should be consolidated and tasked to one state agency that would be responsible for the licensing and authorization of all educational institutions in the State and administrators and instructors of those institutions, as is deemed appropriate or necessary.

     Accordingly, the purpose of this Act is to direct the legislative reference bureau to:

     (1)  Examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act and make recommendations to ensure the State's compliance with provisions relating to the authorization of institutions that offer educational programs beyond secondary education; and

     (2)  Examine existing functions relating to the licensing or authorization of any educational institution in the State, and administrators and instructors thereof, and make recommendations as to whether these functions should be consolidated and tasked to one state agency that would be responsible for the licensing and authorization of all educational institutions in the State and their related operations.

     SECTION 2.  The legislative reference bureau shall examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act to determine, in consultation with the University of Hawaii and the department of education, what actions and changes are required for the State to comply with federal laws and regulations relating to the authorization of institutions to operate educational programs beyond secondary education and to examine existing functions relating to the licensing or authorization of any educational institution in the State, and administrators and instructors thereof, and make recommendations as to whether these functions should be consolidated and tasked to one state agency that would be responsible for the licensing and authorization of all educational institutions in the State and their related operations.

     The legislative reference bureau shall consider the following information and options, including:

     (1)  Existing state laws and state entities, such as the state post-secondary education commission and the Hawaii teacher standards board, and their existing functions and duties to determine whether the laws or entities may assist or may be amended, reorganized, or reassigned duties to assist the State in complying with the federal laws and regulations;

     (2)  Whether to establish a new state entity that will legally authorize or license institutions to offer postsecondary education in the State for purposes of federal program eligibility and, if so:

         (A)  The scope of duties and responsibilities for that entity, including a determination of whether the State should license principals and vice principals and include that licensing function and any licensing-related duties under the Hawaii teacher standards board as responsibilities of that new state entity;

         (B)  Appropriate membership for that entity;

         (C)  The appropriate administrative placement of that entity in a state agency and whether related functions that are currently under programs or other entities, such as the Hawaii Western Interstate Commission for Higher Education, veterans affairs, and the Hawaii teacher standards board, should be consolidated within or transferred to that entity;

         (D)  Staffing and other resources required for that entity and performance of its required functions; and

         (E)  Funding sources for this entity;

     (3)  The systems, laws, and procedures that other jurisdictions have established to comply with the federal laws and regulations;

     (4)  All institutions that would require authorization of the State pursuant to the Higher Education Act of 1965, as amended, and relevant federal regulations; and

     (5)  Any new or amended legislation or administrative rules necessary to carry out the recommendations of the bureau.

     SECTION 3.  The legislative reference bureau, in consultation with the University of Hawaii and the department of education, shall submit a report to the legislature of its findings and recommendations, including proposed legislation, no later than twenty days prior to the convening of the regular session of 2012.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Education; State Authorization; Federal Compliance

 

Description:

Directs the legislative reference bureau to examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act, make recommendations to ensure the State's compliance with provisions relating to the state authorization of institutions that offer educational programs beyond secondary education, and make recommendations as to whether existing functions relating to the licensing or authorization of any educational institutions in the State, and administrators and instructors thereof, should be consolidated and tasked to one state agency that would be responsible for the licensing and authorization of all educational institutions in the State and their related operations.

 

 

 

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