Education-state authorization reciprocity agreement.

ORIGINAL
House
Bill No
.
HB0010

ENROLLED ACT NO.

2
,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to post secondary education; authorizing the Wyoming Community College Commission to enter into and administer reciprocity agreements with other states on the licensing of specified post secondary institutions; authorizing admission of post secondary institutions with a physical presence in Wyoming under reciprocity agreement and providing for reciprocal licensure in Wyoming of institutions located in states that are signatories to the agreement; granting rulemaking authority and authorizing fees; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
‑
18
‑
226 is created to read:

21
‑
18
‑
226
.

State authorization reciprocity agreements; administration; requirements; fees
; rules and regulations.

(a)

The
c
ommission shall enter into an agreement with the Western Interstate Commission for Higher Education to participate, on behalf of the state of Wyoming, with all other states legally joining in the state authorization reciprocity agreement.

(b)

The requirements of the agreement shall be
sufficient
to protect the integrity of
Wyoming
post

secondary education, but
shall
also
allow
authorized
institutions
complying with the agreement
the ability to reach as many potential students as possible.

(c)

The commission shall review applications from any public or private post

secondary institution seeking admission
under
the state reciprocity agreement if the institution has a physical presence in Wyoming and is
organized under the laws of the state of Wyoming. The commission shall:

(i)

Admit to the state authorization agreement any qualified public or private applicant that meets the requirements of the state authorization reciprocity agreement
pertaining to
institutional quality, consumer protection and fiscal viability
as defined by subsection (d) of this section
;

(ii)

Monitor compliance of
admitted
institutions
for
institutional quality, consumer protection and fiscal viability;

(iii)

Notify, in a timely manner, the Western Interstate Commission for Higher Education of those post

secondary institutions admitted to the reciprocity agreement under paragraph (i) of this subsection and any action taken against an a
uthorized
institution pursuant to paragraph (iv) of this subsection; and

(iv)

Take
appropriate action against an
y

a
uthorized

institution
upon failure
to comply with requirements of the state authorization reciprocity agreement,
including
an investigation, citation, suspension or expulsion from the reciprocity agreement
.

(d)

For purposes of paragraph (c
)(
i) of this section, an institution may satisfy:

(i)

The institutional quality standard through evidence of current accreditation;

(ii)

The consumer protection standard through evidence that information required under Title IV of the Higher Education Act of 1965 (20 U.S.C. § 1070 et seq.), as amended,
is provided to current and prospective students,
and
evidence of
a procedure for addressing student complaints both internally and through an outside state agency as required by that
a
ct;

(iii)

The fiscal viability standard for public institutions through evidence of adequate public funding, or for a private institution, through evidence that the United States
d
epartment of
e
ducation, in its most recent fiscal year report, assigned the institution a financial responsibility composite score of one and five
‑
tenths (1.5) or greater, or
a financial responsibility composite score of not less than one (1) if the report covers t
he most recent two (2) consecutive fiscal years.

(e)

The commission
may adopt
rules
and regulations to implement this
section.

(f)

For purposes of
administrati
ng this section,
the commission may establish and collect fees from authorized institutions to pay necessary
administrative
expenses
incurred under this section.
Any fees collected pursuant to this
sub
section shall be deposited into the
g
eneral
f
und.

(g)

As used in this section:

(i)

"
Accredited
"
or
"
accreditation
"
means the status of public recognition that an accrediting agency recognized by the United States department of education pursuant to Title IV of the Higher Education Act of 1965 (20 U.S.C. § 1070 et seq.), as amended, grants to an institution or educational program that meets the department's established requirements;

(ii)

"
Educational program
"
means a program of organized instruction or study beyond secondary education that leads to an academic professional degree
,
vocational
degree or certificate or other recognized educational credential;

(iii)

"
Physical presence
"
means the ongoing occupation of a physical location in Wyoming for instructional purposes or the maintenance of an administrative office in Wyoming to facilitate instruction. For purposes of this section
,
the following activities do not constitute a physical presence in Wyoming:

(A)

Deliver
y
of distance education courses online;

(B)

Advertising;

(C)

Recruiting;

(D)

C
ourses delivered on military installations by an accredited institution limited to active and reserve military personnel
,
dependents of military personnel and civilian employees of the military installation;

(E)

Operation of a server or other electronic service device;
or

(F)

Experiential learning opportunities such as a clinical practicum residency or internship.

(iv)

"
Post

secondary institution
"
means a person, business entity, nonprofit corporation or government
al
entity that operates educational programs beyond secondary education;

(v)

"
State authorization reciprocity agreement
"
means an agreement, as published by the Western Interstate Commission for Higher Education on November 1, 2013, or
substantially similar to the version published on that date, which allows post

secondary institutions that meet federal criteria to recruit, advertise, market and conduct distance education across state lines with a
s few restrictions as possible.

Section 2
.

W.S. 21
‑
2
‑
406(
a)
(iii), (iv) and
by creating a new paragraph (v) and 21
‑
18
‑
202(
c
) by creating a new paragraph (ix) are amended to read:

21
‑
2
‑
406
.

Schools exempted; def
inition.

(a
)

This article does not apply to:

(iii)

Aircraft flight training schools approved and authorized by the federal aviation agency of the United States of America;
or

(iv)

A nondegree granting school teaching techniques of outdoor recreation, leadership, ecology or conservation domiciled in the state of Wyoming
;
.

or

(v)

A post

secondary education institution admitted
, authorized
and in good standing under the state authorization reciprocity agreement pursuant to W.S. 21
‑
18
‑
226.

21
‑
18
‑
202
.

Power
s and duties of the commission.

(c)

The commission shall perform the following administrative functions:

(ix)

Administer the state authorization reciprocity agreement and admit
authorized
post

secondary institutions to participate under th
e
agreement in accordance with W.S. 21
‑
18
‑
226.

Section
3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1