By:  Barrientos                                        S.B. No. 848
       73R5174 CAE-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to proprietary schools; providing civil penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 32.11, Education Code, is amended by
    1-5  adding Subdivision (10) to read as follows:
    1-6              (10)  "Small proprietary school" means a proprietary
    1-7  school that:
    1-8                    (A)  does not receive any payment from federal
    1-9  funds under 20 U.S.C.  Section 1070 et seq. and its subsequent
   1-10  amendments or a prepaid federal or state source as compensation in
   1-11  whole or in part for any student tuitions and fees or any other
   1-12  charge; and
   1-13                    (B)  has an annual gross income from student
   1-14  tuitions and fees that is less than or equal to $100,000 for
   1-15  programs regulated by the Central Education Agency.
   1-16        SECTION 2.  Subchapter C, Chapter 32, Education Code, is
   1-17  amended by adding Section 32.241 to read as follows:
   1-18        Sec. 32.241.  COMPREHENSIVE REVIEW.  The administrator shall
   1-19  conduct a comprehensive review of the existing rules and policies
   1-20  governing proprietary schools and reduce regulation of small
   1-21  proprietary schools by January 1, 1995.  This section expires
   1-22  February 1, 1995.
   1-23        SECTION 3.  Subchapter D, Chapter 32, Education Code, is
   1-24  amended by adding Sections 32.321 and 32.322 to read as follows:
    2-1        Sec. 32.321.  STATUTORY WAIVER AUTHORITY.  (a)  The State
    2-2  Board of Education after consultation with the Proprietary School
    2-3  Advisory Commission may establish rules that waive, alter, suspend,
    2-4  or replace any of the following provisions governing small
    2-5  proprietary schools:
    2-6              (1)  the fee schedule authorized under Section 32.71 of
    2-7  this code, provided that fees under a fee schedule established by
    2-8  rule may not be less than the reasonable administrative cost for
    2-9  regulation or more than the amount that a small proprietary school
   2-10  would otherwise pay if it were not classified as a small
   2-11  proprietary school;
   2-12              (2)  participation in the proprietary school tuition
   2-13  protection fund required by Section 32.91 of this code;
   2-14              (3)  the refund policy provisions of Section 32.39 of
   2-15  this code;
   2-16              (4)  the bonding requirements of Section 32.38 of this
   2-17  code;
   2-18              (5)  the examination of a school for compliance under
   2-19  Section 32.34(f) of this code;
   2-20              (6)  the reporting requirements of Section 32.33(o) of
   2-21  this code; and
   2-22              (7)  the term for which a certificate of approval is
   2-23  issued under Section 32.34(b) of this code, provided that a rule
   2-24  adopted under this section may not provide for a term that exceeds
   2-25  three years or is less than one year.
   2-26        (b)  A rule proposed under this section may be adopted only
   2-27  if it will reduce the regulatory burden for small proprietary
    3-1  schools and will adequately safeguard the interests of the students
    3-2  of small proprietary schools to receive either the education for
    3-3  which they have contracted or an appropriate refund.
    3-4        Sec. 32.322.  SMALL SCHOOL EXEMPTION.  The administrator may
    3-5  exempt small proprietary schools from any requirement of this
    3-6  chapter to reduce the cost to small schools of receiving a
    3-7  certificate of approval.
    3-8        SECTION 4.  Section 32.39, Education Code, is amended by
    3-9  amending Subsections (a), (b), and (e) and adding Subsection (g) to
   3-10  read as follows:
   3-11        (a)  Except as provided by Subsection (g) of this section, as
   3-12  <As> a condition for granting certification each school must
   3-13  maintain a cancellation and settlement policy which must provide a
   3-14  full refund of all monies paid by a student if:
   3-15              (1)  the student cancels the enrollment agreement or
   3-16  contract within 72 hours (until midnight of the third day excluding
   3-17  Saturdays, Sundays, and legal holidays) after the enrollment
   3-18  contract is signed by the prospective student;
   3-19              (2)  the enrollment of the student was procured as the
   3-20  result of any misrepresentation in advertising, promotional
   3-21  materials of the school, or representations by the owner or
   3-22  representatives of the school.
   3-23        (b)  Except as provided by Subsection (g) of this section, as
   3-24  <As> a condition for granting certification, each school must
   3-25  maintain a policy for the refund of the unused portion of tuition,
   3-26  fees, and other charges in the event the student, after expiration
   3-27  of the 72-hour cancellation privilege, fails to enter the course,
    4-1  or withdraws, or is discontinued therefrom at any time prior to
    4-2  completion, and such policy must provide:
    4-3              (1)  refunds for resident courses will be based on the
    4-4  period of enrollment computed on the basis of course time expressed
    4-5  in clock hours;
    4-6              (2)  the effective date of the termination for refund
    4-7  purposes in residence schools will be the earliest of the
    4-8  following:
    4-9                    (A)  the last date of attendance, if the student
   4-10  is terminated by the school;
   4-11                    (B)  the date of receipt of written notice from
   4-12  the student;
   4-13                    (C)  ten school days following the last date of
   4-14  attendance;
   4-15              (3)  if tuition and fees are <is> collected in advance
   4-16  of entrance, and if, after expiration of the 72-hour cancellation
   4-17  privilege, the student does not enter the residence school, not
   4-18  more than $100 shall be retained by the school;
   4-19              (4)  for the student who enters a residence course of
   4-20  not more than 12 months in length, terminates or withdraws, the
   4-21  school may retain $100 of tuition and fees and the minimum refund
   4-22  of the remaining tuition and fees will be:
   4-23                    (A)  during the first week or one-tenth of the
   4-24  course, whichever is less, 90 percent of the remaining tuition and
   4-25  fees;
   4-26                    (B)  after the first week or one-tenth of the
   4-27  course, whichever is less, but within the first three weeks of the
    5-1  course, 80 percent of the remaining tuition and fees;
    5-2                    (C)  after the first three weeks of the course,
    5-3  but within the first quarter of the course, 75 percent of the
    5-4  remaining tuition and fees;
    5-5                    (D)  during the second quarter of the course, 50
    5-6  percent of the remaining tuition and fees;
    5-7                    (E)  during the third quarter of the course, 10
    5-8  percent of the remaining tuition and fees;
    5-9                    (F)  during the last quarter of the course, the
   5-10  student may be considered obligated for the full tuition and fees;
   5-11              (5)  for residence courses more than 12 months in
   5-12  length, the refund shall be applied to each 12-month period paid,
   5-13  or part thereof separately, and the student is entitled to a refund
   5-14  as provided by Subdivision (4) of this subsection;
   5-15              (6)  refunds of items of extra expense to the student,
   5-16  such as instructional supplies, books, student activities,
   5-17  laboratory fees, service charges, rentals, deposits, and all other
   5-18  such ancillary miscellaneous charges, where these items are
   5-19  separately stated and shown in the data furnished the student
   5-20  before enrollment, will be made in a reasonable manner acceptable
   5-21  to the administrator;
   5-22              (7)  refunds based on enrollment in residence schools
   5-23  will be totally consummated within 60 <30> days after the effective
   5-24  date of termination;
   5-25              (8)  refunds for correspondence courses will be
   5-26  computed on the basis of the number of lessons in the course;
   5-27              (9)  the effective date of the termination for refund
    6-1  purposes in correspondence courses will be the earliest of the
    6-2  following:
    6-3                    (A)  the date of notification to the student if
    6-4  the student is terminated;
    6-5                    (B)  the date of receipt of written notice from
    6-6  the student;
    6-7                    (C)  the end of the third calendar month
    6-8  following the month in which the student's last lesson assignment
    6-9  was received unless notification has been received from the student
   6-10  that he wishes to remain enrolled;
   6-11              (10)  if tuition and fees are <is> collected before any
   6-12  lessons have been completed, and if, after expiration of the
   6-13  72-hour cancellation privilege, the student fails to begin the
   6-14  course, not more than $50 shall be retained by the school;
   6-15              (11)  in cases of termination or withdrawal after the
   6-16  student has begun the correspondence course, the school may retain
   6-17  $50 of tuition and fees, and the minimum refund policy must provide
   6-18  that the student will be refunded the pro rata portion of the
   6-19  remaining tuition, fees, and other charges that the number of
   6-20  lessons completed and serviced by the school bears to the total
   6-21  number of lessons in the course;
   6-22              (12)  refunds based on enrollment in correspondence
   6-23  schools will be totally consummated within 60 <30> days after the
   6-24  effective date of termination.
   6-25        (e)  If a refund is not made within the period required by
   6-26  this section, the school shall pay a penalty <interest on the
   6-27  refund for the interval beginning with the first day following the
    7-1  expiration of the refund period and ending with the day immediately
    7-2  preceding the date the refund is made>.  If the refund is made to a
    7-3  lending institution, the penalty <interest> shall also be paid to
    7-4  that institution and applied against the student's loan.  The
    7-5  commissioner of education annually shall establish the level of the
    7-6  penalty <interest> at a level sufficient to provide a deterrent to
    7-7  the retention of student funds.  The Central Education Agency may
    7-8  exempt a school from the payment of the penalty <interest> if the
    7-9  school makes a good faith effort to refund the tuition, fees, and
   7-10  other charges but is unable to locate the student.  The school
   7-11  shall provide to the agency on request documentation of the effort
   7-12  to locate the student.
   7-13        (g)  A program that is 40 hours or less of class time, or a
   7-14  seminar or workshop, is exempt from the 72-hour rule provided by
   7-15  Subsection (b) of this section.  The school shall maintain a policy
   7-16  for the refund of the unused portion of tuition, fees, and other
   7-17  charges in the event the student fails to enter the course,
   7-18  withdraws from the course, or is discontinued from the class at any
   7-19  time before completion of the course as provided by this section.
   7-20  The policy must provide that:
   7-21              (1)  refunds are based on the period of enrollment
   7-22  computed on the basis of course time expressed in clock hours;
   7-23              (2)  the effective date of the termination for refund
   7-24  purposes is the earlier of:
   7-25                    (A)  the last date of attendance; or
   7-26                    (B)  the date the school receives written notice
   7-27  from the student that the student is withdrawing from the class;
    8-1  and
    8-2              (3)  the student will be refunded the pro rata portion
    8-3  of tuition, fees, and other charges that the number of class hours
    8-4  remaining in the course after the effective date of the termination
    8-5  bears to the total number of class hours in the course.
    8-6        SECTION 5.  Subchapter D, Chapter 32, Education Code, is
    8-7  amended by adding Section 32.402 to read as follows:
    8-8        Sec. 32.402.  NONQUALIFICATION AS PROPRIETARY SCHOOL.  (a)  A
    8-9  school operating as a small proprietary school but that has an
   8-10  annual gross income from tuition and fees that exceeds $100,000,
   8-11  intends to receive a payment from federal funds under 20 U.S.C.
   8-12  Section 1070 et seq., or intends to receive prepayment of tuition,
   8-13  fees, or other charges from federal or state funds shall send
   8-14  written notice to the administrator.  The notice must be sent not
   8-15  later than the following date, as applicable:
   8-16              (1)  the 60th day after the date on which annual gross
   8-17  income is determined to exceed the maximum;
   8-18              (2)  the day before receiving a payment of federal
   8-19  funds under 20 U.S.C.  Section 1070 et seq.; or
   8-20              (3)  the day before enrolling a student who will prepay
   8-21  tuition, a fee, or another charge in whole or in part from federal
   8-22  or state funds.
   8-23        (b)  A school that no longer qualifies as a small proprietary
   8-24  school shall apply for an initial certificate of approval as a
   8-25  proprietary school within 30 days after the date the school has
   8-26  notified the administrator that it no longer qualifies as a small
   8-27  proprietary school.  The administrator may apply or prorate any
    9-1  fees paid by the school as a small proprietary school.
    9-2        (c)  A school that no longer qualifies as a small proprietary
    9-3  school shall submit to the administrator an amount of money equal
    9-4  to the difference between the fee for the small proprietary school
    9-5  certificate of approval submitted by the school and the fee that
    9-6  the school would be required to submit after its qualifications as
    9-7  a small proprietary school cease.
    9-8        (d)  The authority of a school to operate under a small
    9-9  proprietary school certificate of approval terminates on the final
   9-10  determination of issuance or denial of an initial certificate of
   9-11  approval.  If a school fails to file a complete application within
   9-12  the period required by Subsection (b) of this section, the school,
   9-13  as a condition of issuance, must pay a late fee in an amount
   9-14  established by State Board of Education rule of at least $100.
   9-15        SECTION 6.  Subchapter G, Chapter 32, Education Code, is
   9-16  amended by adding Section 32.65 to read as follows:
   9-17        Sec. 32.65.  PENALTY FOR SMALL PROPRIETARY SCHOOL.  (a)  If a
   9-18  school fails to timely comply with the requirements of Section
   9-19  32.402 of this code, in addition to any other penalties authorized
   9-20  by law, the administrator may assess a penalty in an amount not
   9-21  greater than two times the amount that the school would have paid
   9-22  in fees and other charges if the school had complied with the
   9-23  requirements of Section 32.402 or may assess a penalty in the
   9-24  amount of the tuition or fee charge to any students whose tuition
   9-25  or fees were contracted to be funded by a prepaid federal or state
   9-26  source.
   9-27        (b)  If the administrator finds that the school acted
   10-1  intentionally, the administrator may, in addition to any other
   10-2  remedy available under law, assess a penalty against the owner in
   10-3  an amount not greater than four times the amount of the fees and
   10-4  charges that the school should have paid or four times the amount
   10-5  of the student tuition that was contracted to be funded from a
   10-6  prepaid federal or state source.
   10-7        (c)  The failure to notify the administrator within four
   10-8  months after the school's earnings exceed that of a small
   10-9  proprietary school gives rise to a rebuttable presumption of intent
  10-10  for purposes of assessment of a penalty.
  10-11        (d)  The failure to notify the administrator within 10 days
  10-12  after a school has enrolled a student whose tuition or fees are
  10-13  paid in whole or in part from a prepaid federal or state source
  10-14  gives rise to a rebuttable presumption of intent for purposes of
  10-15  assessment of a penalty.
  10-16        (e)  A civil penalty under this section shall be assessed in
  10-17  accordance with the procedures stated in Section 32.611 of this
  10-18  code.  A penalty collected shall be deposited in the state treasury
  10-19  to the credit of the general revenue fund.
  10-20        SECTION 7.  Section 32.71,  Education Code, is amended by
  10-21  amending Subsections (a), (f), and (g) and adding Subsection (h) to
  10-22  read as follows:
  10-23        (a)  Certificate and registration fees, except those charged
  10-24  pursuant to Subsection (d) of this section, shall be collected by
  10-25  the Administrator and deposited with the State Treasurer.  Each fee
  10-26  shall be in an amount set by the Administrator and approved by the
  10-27  State Board of Education in an amount not to exceed 150 percent of
   11-1  each fee in the following schedule:
   11-2              (1)  the initial fee for a school:
   11-3                    (A)  for a certificate of approval <the initial
   11-4  fee for a school> is $2,000; or
   11-5                    (B)  for a small proprietary school certificate
   11-6  of approval is $1,000;
   11-7              (2)  the first <annual> renewal fee and each subsequent
   11-8  renewal  fee for a school is the greater of:
   11-9                    (A)  an amount that is determined by applying a
  11-10  percentage, not to exceed 0.3 percent, to the gross tuition and
  11-11  fees, excluding refunds as provided by Section 32.39 of this code,
  11-12  of the school; or
  11-13                    (B)  $500;
  11-14              (3)  the initial registration fee for a representative
  11-15  is $60;
  11-16              (4)  the annual renewal fee for a representative is
  11-17  $30;
  11-18              (5)  the fee for a change of a name of a school or
  11-19  owner is $100;
  11-20              (6)  the fee for a change of an address of a school is
  11-21  $180;
  11-22              (7)  the fee for a change in the name or address of a
  11-23  representative or a change in the name or address of a school that
  11-24  causes the reissuance of a representative permit is $10;
  11-25              (8)  the application fee for an additional course is
  11-26  $150, except for seminar and workshop courses, for which the fee is
  11-27  $25;
   12-1              (9)  the application fee for a director, administrative
   12-2  staff member, or instructor is $15;
   12-3              (10)  the application fee for the authority to grant
   12-4  degrees is $2,000;
   12-5              (11)  the application fee for an additional degree
   12-6  course is $250; and
   12-7              (12)  the fee for an inspection required by rule of the
   12-8  State Board of Education of classroom facilities that are separate
   12-9  from the main campus is $250.
  12-10        (f)  The administrator may allow payment of any fee
  12-11  authorized under this section or under Section 32.91 of this code
  12-12  that exceeds $1,000 to be paid by installment.  The administrator
  12-13  shall provide for appropriate interest charges and late penalties
  12-14  in addition to any other remedy that is provided for by law for the
  12-15  late payment of a fee installment authorized under this section.
  12-16  The administrator may assess a reasonable service charge or
  12-17  interest to be paid by a school that pays a fee by installment in
  12-18  an amount not to exceed 10 percent annually of the fee that is to
  12-19  be paid by installment  <The Administrator, with the approval of
  12-20  the State Board of Education, may increase any fee authorized under
  12-21  this section at a rate not to exceed the increase in the National
  12-22  Consumer Price Index For All Urban Consumers.  The calculation of
  12-23  the index in effect on September 1, 1989, shall be the base for
  12-24  calculating the rate at which fees may increase.  Fee increases
  12-25  under this subsection do not have to be made annually>.
  12-26        (g)  All fees, interest, or other charges collected under
  12-27  this section shall be used only for the administration of the Texas
   13-1  Proprietary School Act.
   13-2        (h)  The administrator may apply or prorate a fee paid by a
   13-3  small proprietary school that has complied with the notification
   13-4  requirements of Section 32.402 of this code toward an initial
   13-5  certificate as a proprietary school in the event that a school has
   13-6  ceased to qualify as a small proprietary school during a
   13-7  certification period.
   13-8        SECTION 8.  Section 32.91, Education Code, is amended by
   13-9  amending Subsection (a) and adding Subsection (e) to read as
  13-10  follows:
  13-11        (a)  Except as provided by Subsection (e) of this section, at
  13-12  <At> the time that each school pays its annual renewal fee, in the
  13-13  years provided by Subsection (c) of this section, the State Board
  13-14  of Education shall also collect a fee from the school for deposit
  13-15  to the credit of a special fund in the state treasury to be called
  13-16  the proprietary school tuition protection fund.
  13-17        (e)  A school is not required to pay the fee for the tuition
  13-18  protection fund under Subsection (a) of this section if, at the
  13-19  time the school pays the annual renewal fee, the bond provided by
  13-20  the school under Section 32.38 of this code is greater than the
  13-21  unearned tuition of the school.
  13-22        SECTION 9.  This Act applies beginning with the 1993-1994
  13-23  school year.
  13-24        SECTION 10.  The importance of this legislation and the
  13-25  crowded condition of the calendars in both houses create an
  13-26  emergency and an imperative public necessity that the
  13-27  constitutional rule requiring bills to be read on three several
   14-1  days in each house be suspended, and this rule is hereby suspended,
   14-2  and that this Act take effect and be in force from and after its
   14-3  passage, and it is so enacted.