ECSheading
From the ECS State Policy Database
Postsecondary Institutions--Private/Independent


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
VASigned into law 02/2014Postsec.Employee Benefits Plan
H.B. 757
Permits employees and their dependents to participate in the benefits plan offered by a benefits consortium consisting of five or more private educational institutions that have established a self-funded employee welfare benefit plan.
http://leg1.state.va.us/c...

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VASigned into law 02/2014Postsec.IT Purcheses for Private Colleges
H.B. 749
Provides for the Virginia Information Technologies Agency (VITA) to allow private non-profit institutions of higher education chartered in Virginia to purchase directly from contracts established for state agencies and public bodies.
http://leg1.state.va.us/c...

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NJSigned into law 08/2013Postsec.Appropriation to Secretary of Higher Education for Capital Project Grants
S.B. 2884
Appropriating over $715 million to the Office of the Secretary of Higher Education from the "Building Our Future Fund". Mandates that the funds must be used for capital project grants at New Jersey's public and private higher education institutions to increase...

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COSigned into law 05/2013Postsec.Private Occupational School Requirements
H.B. 1263
From fiscal note: Subjects nonprofit private occupational schools to authorization and regulation by the Private Occupational School Board (POSB) in the Division of Private Occupational Schools
(DPOS) in the Department of Higher Education. In addition, the bil...

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PASigned into law 06/2012P-12
Postsec.
An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, in private colleges, universities and seminaries, further providing for certification of institutions.
S.B. 1406
Adds a new subsection to Title 24 concerning the certification of higher education institutions. Allows a private, nonprofit college or university to offer an additional degree, major or program if the college or university satisfies both of the following: 1) ...

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OKSigned into law 05/2012P-12
Postsec.
Debit and Charge Card Fees
S.B. 1774
This bill amends state law to allow private educational institutions to charge a convenience fee for use of a debit or charge card. Such a fee is limited to bank processing fees and financial transaction fees, the cost of providing for secure transaction, port...

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COSigned into law 05/2012Postsec.Accreditation for Private Nonprofit and For-profit Institutions
H.B. 1155 (sections 12 to 20)
Details authority, responsibility of Commission on Higher Education to authorize, revoke right of private nonprofit or for-profit institutions for operating in Colorado. Requires institutions to have regional or national accreditation, release financial data t...

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FLSigned into law 04/2012Postsec.Private Institutions' Reporting of Performance Data
H.B. 7135 - Private Institutions' Reporting of Performance Data
Requires colleges and universities eligible to participate in the William L. Boyd, IV, Florida Resident Access Grant Program to report student-level data for each student who receives state funds. At a minimum, requires data to be reported annually to the depa...

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ILAdopted 04/2012Postsec.Program Review (Private Colleges and Universities)
23 IL ADC 1030.10, 20, 30, 60, 70, 90
Guides the reviews of private colleges' and universities' (a) applications to establish new colleges and universities in the state and (b) applications for new degree programs, including out-of-state public, out-of-state private, and in-state private instituti...

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CASigned into law 09/2011Postsec.Definition of "Private College" or "Private Participating College"
A.B. 1163
Amends definition of a "private college" or "private participating college" for purposes of the California Educational Facilities Authority to mean a private college that does not restrict the admission of a student based on his/her race or ethnicity, provide...

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NYSigned into law 08/2011Postsec.Energy Efficiency, Clean Energy Assistance for Not-for-Profit Postsecondary Institutions
S.B. 3755
Relates to the eligibility of certain independent not-for-profit institutions of higher education to receive assistance from the New York power authority in establishing energy efficiency and clean energy initiatives. http://assembly.state.ny.us/leg/?default_f...

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CASigned into law 08/2011Postsec.Private Postsecondary Education
A.B. 1013
Provides that if the U.S. Department of Education does not have a relevant exam for an ability-to-benefit student (i.e., a student without a high school diploma or equivalent) to take before an enrollment agreement is executed with a private postsecondary inst...

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TXSigned into law 06/2011Postsec.Institutions Authorized to Operate Educational Programs Beyond Secondary Education
H.J.R. 130
Clarifies that the state meets U.S. Department of Education requirements concerning federal student aid by naming private institutions of higher education in the state that are authorized to operate educational programs beyond secondary education, including pr...

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ALTo governor 05/2011Postsec.Oversight of For-Profit and Nonprofit Postsecondary Institutions
H.B. 321
Relates to the regulation of certain schools and courses of instruction and exemptions from school licensing. Clarifies the definitions of for-profit and nonprofit schools. Allows additional nonprofit schools to apply for exemption from licensure....

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MDSigned into law 05/2011Postsec.Regulation of Public, Private Nonprofit, and For-Profit Institutions of Higher Education
S.B. 695
From Department of Legislative Services Fiscal and Policy Note: Distinguishes between public, private nonprofit, and for-profit institutions of higher education. Clarifies the scope of the Maryland Consumer Protection Act to include the unfair or deceptive off...

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MSSigned into law 03/2011Postsec.
Community College
Accreditation Alternative for Private Business Vocational Schools
H.B. 838
Authorizes private business and vocational schools that have obtained national accreditation from an accrediting agency designated by the U.S. Department of Education to submit evidence of current accreditation in lieu of other application requests.
http://bil...

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CASigned into law 09/2010Postsec.Longitudinal Data Systems and Teacher Preparation Program Data
A.B. 2086
From bill analysis: Existing law creates the California Education Information System, consisting of the CALPADS (California Longitudinal Pupil Achievement Data System) and the CALTIDES (California Longitudinal Teacher Integrated Data Education System). Adds an...

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ILAdopted 07/2010Postsec.Private Colleges and Universities Capital Distribution Formula
23 IAC 1039.10, 20, 30, 40, 50, 60, 70, 80, 90
Primarily from summary in Administrative Register: On July 13, 2009, Public Act 96-37 was signed into law, creating the Private Colleges and Universities Capital Distribution Formula. This Act created a distribution formula for grants to non-profit private col...

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TXAdopted 05/2010Postsec.Accreditation and Authorization of Colleges/Universities Other Than Public Institutions
19 TAC 7.3, 7.7, 7.11
Largely from Texas Register:
Amends provisions relating to degree-granting colleges and universities that are not Texas public institutions. Section 7.3 creates a "Conditional Certificate of Authorization" to provide a mechanism for an institution that is acc...

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COSigned into law 05/2010Postsec.
Community College
College Core Course Guidelines and Credits
S.B. 108
Allows a nonpublic institution of higher education to choose to participate in public higher education core course guidelines; provides that a nonpublic institution, for a fee, may request the department of higher education to review the institution's core cou...

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MNSigned into law 05/2010Postsec.
Community College
Student Refunds
S.F. 184
Requires private schools to issue students a full refund of money it received for a student or if a contract with that student is unenforceable because the school is not licensed. The refund must be made within 30 days of a written demand from OHE.
https://ww...

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SCVetoed 04/2010Postsec.Private Univeristy Campus Police - Extention of Authority
S.B. 19
Relates to the jurisdiction of campus police officers at private colleges. As proposed in the legislation, the authority of campus police officers would have been extended to specific off-campus activities such as accompanying a school employee to make a bank ...

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KYSigned into law 04/2010Postsec.
Community College
Transfer/Articulation from Associate's Degree to Four-Year Programs
H.B. 160
Encourages postsecondary institutions to limit bachelor degree programs to 120 credit hours and associate degree programs to 60 credit hours beginning with the 2012-13 academic year; provides exceptions.

[OF NOTE: Creates a comprehensive approach to improvin...

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WYSigned into law 03/2010Postsec.Private Postsecondary Institutions
H.B. 16
Relates to private school licensing; provides an exemption from private school licensing requirements for any parochial, church or religious school which operates as a degree granting post secondary education institution, provides instruction through means not...

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NJSigned into law 01/2010Postsec.Proprietary Schools
A.B. 4023
Revises the representation of proprietary schools on New Jersey Presidents' Council and on its executive board; provides that the presidents of all proprietary schools which have been authorized to offer licensed degree programs will serve as members of the Ne...

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TXAdopted 11/2009Postsec.Degree-Granting Colleges and Universities
19 TAC 1.7.7.1 -.13
Establishes new rules concerning degree-granting colleges and universities other than Texas public institutions. As stated in the August 7, 2009 Register, "The intent of the re-write is to provide greater transparency of the rules regarding the operation of ou...

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NCSigned into law 08/2009Postsec.
Community College
Student Protection Fund for Proprietary School Students
S.B. 860
Establishes a student protection fund for proprietary school (i.e., all private schools operated for profit, with some exceptions) students to compensate students who have suffered a loss of tuition, fees, or any other instructional-related expenses paid to th...

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ILSigned into law 07/2009Postsec.Private Postsecondary Facilities
H.B. 2424 - Article 25
Establishes the Private Colleges and Universities Capital Distribution Formula Act. Creates a distribution formula for funds appropriated from the Build Illinois Bond Fund to the Capital Development Board for the Illinois Board of Higher Education for grants t...

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TXSigned into law 06/2009Postsec.
Community College
Engineering, Applied Science and Applied Technology
H.B. 2425
Authorizes private higher education institutions to participate in specified engineering recruitment programs, including one-week summer programs for middle and high school students, and scholarship programs for engineering students. Directs the higher educati...

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TXSigned into law 05/2009Postsec.Tuition Equalization Grant Program
H.B. 4476
Amends eligibility requirements for the Tuition Equalization Grant Program, which allows financially needy students to attend private, non-profit postsecondary institutions in the state. Allows eligible students to be enrolled in at least three-fourths of a fu...

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CAVetoed 09/2008Postsec.Private postsecondary
S.B. 823
Recasts, revises, and reenacts the provisions of the Private Postsecondary and Vocational Education Reform Act of 1989 as the Private Postsecondary Education Act of 2008. Establishes the Bureau of Private Postsecondary Education. Continues the Private Postseco...

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OKSigned into law 05/2008P-12
Community College
Postsec.
Board of Private Vocational Schools
S.B. 1211
Relates to the Board of Private Vocational Schools; requires budgeting in certain categories and amounts; requires certain performance measures; provides for duties and compensation of employees; limits salary of the Director; provides budgetary limitations. h...

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COSigned into law 05/2008Postsec.
Community College
Diplomas from Private Colleges and Universities
S.B. 167
Clarifies the authority related to the authorization to do business for private colleges or universities, bible colleges, and seminaries; permits the Commission on Higher Education to establish fees payable by institutions related to the administration of degr...

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CASigned into law 10/2007Postsec.Private postsecondary finance
A.B. 1749
Provides that the provision of existing law relating to the issuance of bonds for financing of public and private higher education facilities that requires the applicant to provide evidence that the project meets specified requirements would not apply to a pri...

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WASigned into law 04/2007Community College
Postsec.
Private Vocational Schools
S.B. 5402
It is clarified that private vocational schools must meet the minimum requirements to obtain and maintain an operating license. Private vocational schools must demonstrate their financial viability and responsibility to the Workforce Training and Education Coo...

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NYSigned into law 04/2007P-12
Postsec.
High Needs Nursing Programs at Independent Institutions and Empire Innovation Programs
S.B. 2107, Parts E-4, E-5, E-6
Adds new section 6401-A to the education code. Authorizes the commissioner to grant state aid for high needs nursing programs to any independent institution of higher education in the state that meets specified requirements. Provides that in order to qualify f...

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VASigned into law 03/2007Postsec.Authorizes Establishment of Employee Benefits Consortium
H.B. 3021
Authorizes five or more private institutions of higher education to form a benefits consortium for the purpose of establishing a self-funded employee welfare benefit plan. The benefits consortium will be a nonstock corporation that will operate a benefits plan...

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MISigned into law 09/2006Postsec.
Community College
Religious College State Regulation Exemption
H.B. 6016
Exempts religious colleges from state regulation of educational programs offering degrees, diplomas or
certificates based on education beyond high school, or education for transfer to institutions of higher learning. http://www.legislature.mi.gov/documents/200...

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MISigned into law 09/2006Postsec.
Community College
Religious or Ecclesiastical Educational Corporations
H.B. 6014
Revises the provisions of existing law regulating educational corporations; provides for an educational corporation classification to include those that are instituted and maintained by an ecclesiastical or religious order, society, corporation, or corporation...

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NERule Adoption 08/2006Postsec.
Community College
Postsecondary Private Career Schools
Title 92 NAC Chapters 41 and 42
Establishes procedures for authorizing private postsecondary career schools to operate, be accredited and grant degrees.
Nebraska 1264...

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WYEmergency Rule Adoption 06/2006Postsec.
Community College
Private Postsecondary School Registration
Chapter 30
Amends rules regarding operation or registration of all private postsecondary degree granting
education institutions that are located within the state, or have their principle place of business out of state
but are doing business in the state. These rules do n...

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VASigned into law 04/2006Postsec.Purchasing
S.B. 664
Allows private, nonprofit institutions of higher education chartered to purchase directly from state contracts established by the Division of Purchase and Supply. http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0582...

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WYSigned into law 03/2006Postsec.Private School Licensing
S.B. 69
Relates to private school licensing; transfers duties from the state board to the department of education; requires registration of all accredited private degree granting postsecondary education institutions as specified; requires notification upon first entry...

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WASigned into law 03/2006Postsec.Tax-Exempt Property Usage
H.B. 2804
Recognizes that independent nonprofit schools, colleges, and universities are important economic drivers in their communities, and encourages institutions to support local communities, to provide public benefit, and to respond to community expectations that th...

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CASigned into law 09/2005Postsec.Definition of Private College for Funding Purposes
A.B. 947
Specifies that, for purposes of obtaining financing under the California Educational Facilities Authority Act, a "private college" also includes a nonprofit affiliate, established on or prior to January 1, 2005, of one or more private colleges, whose sole or p...

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NDSigned into law 04/2005Postsec.
Community College
Private Postsecondary Institution Operations
S.B. 2120
Relates to fees provided to the state board for career and technical education for authorizations to operate private postsecondary institutions; relates to the authorizations to operate private postsecondary institutions and use of false academic degrees; prov...

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CASigned into law 09/2004P-12
Postsec.
Special Education Students
A.B. 1858 (multiple provisions)
Prohibits a licensed children's institution and a residential care facility from requiring, as a condition of admission or residency, that a child be identified as an individual with exceptional needs. Requires a local educational agency that has placed an ind...

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ILSigned into law 06/2004Postsec.Private Business and Vocational Schools
H.B. 3088
Amends the Private Business and Vocational Schools Act. Provides that certain educational institutions that enroll students in one or more bachelor-level programs and are accredited by a national accrediting agency that is recognized by the U.S. Department of ...

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HISigned into law 06/2004P-12
Postsec.
Community College
Revenue Bonds for Not-for-Profit Education Facilities
S.B. 3086
Relates to special purpose revenue bonds for Island Pacific Academy. The legislature finds and determines that the planning and construction constitute a project as defined in part VIII, chapter 39A, Hawaii Revised Statutes, and the financing of such a project...

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