1 STATE OF OKLAHOMA
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2 2nd Session of the 57th Legislature (2020)
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3 SENATE BILL 1182 By: Stanislawski
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6 AS INTRODUCED
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7 An Act relating to private education; amending
7 Section 4, Chapter 276, O.S.L. 2014 (70 O.S. Supp.
8 2019, Section 21-102.1), which relates to powers and
8 duties of the Oklahoma Board of Private Vocational
9 Schools; providing for minimum standards for
9 maintenance of student academic records or
10 transcripts and certain continuing education or
10 attendance certificates; updating statutory
11 references; amending Section 9, Chapter 276, O.S.L.
11 2014 (70 O.S. Supp. 2019, Section 21-105.2), which
12 relates to retention of certain records before school
12 closure; requiring a school, seminar or workshop to
13 designate certain official to maintain certain
13 academic records, transcripts or certificates in
14 certain manner; requiring a licensee to submit
14 certain documentation as part of a renewal
15 application; providing an effective date; and
15 declaring an emergency.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. AMENDATORY Section 4, Chapter 276, O.S.L.
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20 2014 (70 O.S. Supp. 2019, Section 21-102.1), is amended to read as
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21 follows:
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22 Section 21-102.1. The Oklahoma Board of Private Vocational
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23 Schools is authorized to:
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24 1. Appoint and fix the compensation of a director who:
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 1 a. shall employ and fix the duties and compensation of
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2 such clerical or other assistants as are reasonably
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3 necessary to effectuate the provisions of this act
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4 Section 21-101 et seq. of this title, and
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5 b. may execute contracts on behalf of the Board;
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6 2. Promulgate rules to include but not be limited to the
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7 implementation of minimum standards for the operation of private
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8 schools and the requirements for application of a school, seminar or
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9 workshop for a license of state authorization;
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10 3. Approve or disapprove:
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11 a. applications for state authorization,
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12 b. other applications for licensing,
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13 c. requests for exemption, and
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14 d. requests for a definition exception;
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15 4. Issue a private school license to document state
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16 authorization or other licensing upon determination that such school
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17 meets the standards fixed by the Board;
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18 5. Prescribe, except as is otherwise provided by law and
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19 subject to the provisions of the Administrative Procedures Act, such
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20 penalties as it may deem proper for the enforcement of this act
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21 Section 21-101 et seq. of this title, not to exceed One Thousand
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22 Dollars ($1,000.00);
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23 6. Fix minimum standards through promulgation of rules for
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24 private schools, which shall include standards for:
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 1 a. courses of instruction and training,
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2 b. qualifications of instructors,
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3 c. financial stability,
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4 d. advertising practices, and
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5 e. refund of tuition and fees paid by students for
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6 courses of instruction or training not completed, and
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7 shall promulgate and adopt reasonable rules and
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8 regulations for the implementation of such minimum
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9 standards for the operation of private schools
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10 f. student academic records or transcripts, which shall
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11 be maintained for a period of not less than forty (40)
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12 years following a student’s completion of education or
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13 other cessation of school enrollment, when the
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14 training did or could have led to an initial
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15 occupational certification, diploma or degree, and
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16 g. student continuing education completion or attendance
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17 certificates or the equivalent, which shall be
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18 maintained for a period of not less than seven (7)
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19 years following the student’s attendance at a
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20 continuing education seminar or workshop providing
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21 required continuing education training for the student
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22 to maintain a professional license or occupational
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23 certification;
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 1 7. Where possible, to regulate degrees offered by distance
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2 education, make use of the State Regents for Higher Education’s
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3 interstate reciprocity agreements to create a more efficient and
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4 cost-effective means of the regulation of private schools;
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5 8. Make use of interstate reciprocity agreements that
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6 reasonably satisfy the Board’s minimum standards to approve state
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7 authorization or other license application, if such agreements
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8 become available for other programs the Board approves for state
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9 authorization or other license;
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10 9. Require an entity to repay any fees charged to the Board by
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11 a financial institution or the State Treasurer for a returned check
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12 or other failed form of payment;
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13 10. Develop annual compliance training to emphasize standards
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14 relating to the operation of a school and relicensing processes, and
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15 require attendance by a representative of each school, seminar, or
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16 workshop;
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17 11. Provide all licensing forms free of charge via one or more
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18 electronic means, but shall charge for the pick up or mailing of a
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19 hard-copy licensing application packet to a person requesting
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20 information about private school licensing requirements;
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21 12. Certify an electronic record or the printing of an
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22 electronically stored record as an original, subject to approval by
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23 the Oklahoma Archives and Records Commission and when in accordance
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24 with the record retention and destruction policy of the Board;
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 1 13. Collect or require the submission of data, including but
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2 not limited to:
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3 a. admissions,
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4 b. certification scores or passage rates,
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5 c. complaints or grievances,
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6 d. enrollment,
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7 e. funding,
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8 f. graduation,
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9 g. job longevity or retention,
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10 h. job placement, and
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11 i. other data, as necessary, to carry on the mission or
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12 duties of the Board, or to assist in the state’s
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13 workforce development initiatives; and
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14 14. Carry out such other duties as necessary to provide state
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15 authorization for private vocational schools, seminars, and
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16 workshops and such other schools that make offerings of courses or
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17 programs as permitted by this act Section 21-101 et seq. of this
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18 title.
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19 SECTION 2. AMENDATORY Section 9, Chapter 276, O.S.L.
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20 2014 (70 O.S. Supp. 2019, Section 21-105.2), is amended to read as
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21 follows:
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22 Section 21-105.2. After A. To obtain an initial license, a
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23 school, seminar or workshop either voluntarily decides to cease
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24 offering all programs of instruction or is required to do so through
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 1 proper enforcement of this act or the Oklahoma Board of Private
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2 Vocational Schools’ minimum standards, the entity shall, before
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3 closure is complete, provide the Board with its appropriate
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4 arrangement for the permanent retention of students’ records shall
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5 designate an appropriate official to begin and continue to maintain
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6 student academic records, transcripts or continuing education
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7 completion or attendance certificates or the equivalent to be
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8 protected against damage of loss by fire, water, theft, tampering or
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9 other means. Records shall be retained for the time periods
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10 specified in Section 21-102.1 of this title in the following manner:
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11 1. Physical copies;
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12 2. Using documented electronic means to maintain records off-
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13 premises; or
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14 3. By establishing a special purpose surety bond in an amount
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15 of not less than Twenty Thousand Dollars ($20,000.00) in favor of
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16 the Oklahoma Board of Private Vocational Schools to be used by the
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17 Board after the school closes to have student academic records and
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18 transcripts retrieved, recovered and digitized by a commercial
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19 third-party vendor to maintain the records. After digitization of
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20 hard copies from a closed school is performed and verified, the hard
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21 copy records may be destroyed by any means that ensures student
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22 privacy is protected by the commercial entity.
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23 B. As part of its license renewal application, a school,
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24 seminar or workshop shall annually submit documentation that its
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 1 student academic record retention plan, including any applicable
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2 surety bond, is current.
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3 SECTION 3. This act shall become effective July 1, 2020.
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4 SECTION 4. It being immediately necessary for the preservation
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5 of the public peace, health or safety, an emergency is hereby
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6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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9 57-2-3388 EB 1/3/2020 10:33:21 AM
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