Just Thought You Should Know
Curtis Austin at FAPSC
September 13, 2013
_________________________________________________________________________________________
What is going on in Tallahassee?
Commission for Independent Education Meetings on September 9th and 10th
The rules committee met on Sept. 9 th and most of the discussion focused on three issues:
1. Advertising. This is the second meeting of the committee to discuss strengthening the
requirement of what must be included if a school advertises a scholarship. The committee
previously discussed instances when minimal amounts of funds for scholarships were used to
generate contact information with students.
The current rule requires full disclosure if scholarships are used in advertising, but the language
does not explain what constitutes full disclosure. The committee voted to adopt the following
definition:
a. Full disclosure requires at a minimum the following information:
i.
the eligibility and qualification requirements,
ii.
total award amount and number of awards available on a yearly basis,
iii.
total number of individual awards granted on a yearly basis,
iv.
the minimum and maximum scholarship award amounts and the percent of the
tuition and costs covered,
v.
any costs that are not covered by the scholarship,
vi.
all terms upon which a scholarship will be awarded, renewed and terminated,
and
vii.
the requirements for submission of a scholarship application,
b. Eligibility or qualification requirements for a scholarship may not include a statement that
an award is discretionary.
c. Full disclosure shall be made by a method that does not require a student or prospective
student to provide personal contact information. d. Any advertisement of a scholarship shall
include the information provided in subparagraph 11 or provide an internet address where the
information can be found.
It should be noted that the General Counsel to CIE, Judy Bone, stated that the language
considered by the committee may have constitutional problems as it is a prior restraint of
commercial speech.
The Committee’s approved language can be further modified by the committee at its next
meeting, if the committee chooses. Its next step is to the Commission for Independent
Education where the language can be approved, modified, or disapproved. The Board of
Education would then have to consider the language. The Board could approve or disapprove
of the language. The language would then be sent to review to the Florida legislature before
becoming a rule. There are obviously a few steps for this change to become effective.
2. Residencies for students of foreign medical schools
The Commission was petitioned by a school to reconsider the prerequisites for a foreign
medical school student to participate in a clerkship (similar to a clinical) in Florida. Regarding
Foreign Medical Schools the rules committee decided that is would be best to create a medical
sub-committee to further review the current regulations required by the Commission for
Independent Education pertaining to foreign medical schools to conduct clinical clerkships in
Florida. Executive Director Sam Ferguson noted that the Commission does not internally have
the expertise needed to assess how the Commission should proceed. There was representation
at the meeting from virtually every medical school in Florida, as they have concerns as to how
many residency openings in Florida may go to out of state schools.
3. Internship/Clinical Reporting
The Rules Committee for the second straight meeting has been trying to address the way in
which institutions report the clinical and internship agreements to the commission. The issue
has been most closely connected to the Nursing clinicals that the commission has been
struggling with. However, comments to the rules committee have noted that the drafts of the
form to report such agreements would produce an inordinate hardship on programs such as
culinary or other allied health programs which require internships, but which may number in
the thousands every year. The Committee is continuing to study the best solution for this issue.
Commission Meeting
The Commission thanked those schools that had voluntarily stepped up to the plate to help with the
train out of students that were studying at ATI before it closed. There was discussion on how the
Commission could put pressure on those who have ATIs assets to better meet student needs.
The Commission also announced that the form changes that have been working their way through the
rules committee and the board over the last year (not including the issue on internships which is still
being discussed in the rules committee) go to the State Board of Education on Sept 17th for approval. I
will send copies of those out next week.
Executive Director Sam Ferguson discussed the Gainful Employment rulemaking process ongoing in
Washington and indicated that the USDOE did not seem to be looking for much direction—by that you
should understand input. He noted that the first negotiated rulemaking session was just completing.
Significant concern was noted over the conditions of financial statements of institutions apply for
licensure or re-licensure and it was noted that FAPSC and some CPA firms were trying to assist at little
or no cost—but the commission has noticed that many applications for licensure or re-licensure need
greater work on the financial reports.
Florida Legislature
After having meetings with the staff of the Senate and House—you should know that education
committees currently have no formal projects and are monitoring the progress on implementing last
session’s legislation. The House is pondering how to allow students taking courses on the internet
(such as the Massive Open Online Courses (MOOCs) to receive credit in the state run schools.
The first interim meetings start this month on the week of September 23-27. Will let you know when
meetings have been noticed. FAPSC has convened meetings with the professional lobbyists that
represent the sector in Tallahassee and today met with the Friday call group for the first time. IF you
have people who should be included on the Friday call group as Legislative issues are reviewed, send
their email addresses to Curtis@FAPSC.org.
What is going on in Washington?
Gainful Employment
The UDOE has proposed a new version of the Gainful Employment rule. You can find a copy of
http://www2.ed.gov/policy/highered/reg/hearulemaking/2012/gainfulemployment.html the proposed
legislation, dates for negotiated rule making, and members of the rulemaking body at
http://www2.ed.gov/policy/highered/reg/hearulemaking/2012/gainfulemployment.html. The 1st
session of Negotiate Rulemaking on the proposed Gainful Employment rule concluded on Sept. 11 th.
The next will be held October 21-23.
APSCU posts regularly on the progress or lack thereof that is being made. Check out the latest at
APSCU.org.
Department Defense Appropriations 2014
The Senate Version of the DoD Appropriation for 2014 included language restricting participation in the
Tuition Assistance Program for current military personnel to schools who would certify to the Secretary
of Defense that no federal monies (such as title IV aid) that were paid to schools were being used for
advertising or recruitment. Likewise, the bill redefines 90/10 for purposes of participating in the
Tuition Assistance programs with the Department of Defense. FAPSC has contacted Florida
congressmen on the appropriate subcommittee to highlight our concerns.
What is going on at FAPSC?
New Volunteer Opportunities
We have reorganized how we are doing business. We have retained some of the old committees to
guide and direct our business, but we have made MAJOR changes. Building on the model of the FAPSC
Nursing Committee, President Linda Weldon has created working groups representing the different
academic programs offered by our schools. The working groups are designed to raise issues to the
board, including needed legislative or regulatory changes, public relations or communication issues and
content for continuing education and convention instruction. THESE WORKING GROUPS WILL DRIVE
MUCH OF THE FAPSC AGENDA. VOLUNTEER and help FAPSC be more inclusive of all schools in our
sector.
Please email Wanda (wanda@fapsc.org) with the working group that you would like to participate in.
The Working Groups and Committees which will drive this effort are as follows:
Allied Health Working Group: Composed of all health related profession programs except
Nursing, including Home Health Aide, Medical Assisting, Medical Billing and Coding, Phlebotomy,
Pharmacy Technicians, Radiological Technicians, Respitory Therapy, Surgical Technicians,
Ultrasound Technicians, Veterinary Technicians, etc.
Creative Arts Working Group: Composed of Schools/Programs in Advertising, Culinary Arts,
Fashion Design, Graphic Arts, Media, etc.
Distance Education Working Group: Composed of Schools/Programs in online education.
Liberal Arts & Traditional Programs Working Group: Composed of schools/programs more
closely aligned with traditional educational programs such as accounting, business, criminology,
education, psychology, etc.
Nursing Committee: Composed of Schools/Programs in Certified Nursing Assisting, Licensed
Practical Nursing, Nursing Aids, Registered Nursing, etc.
Personal Care Working Group: Composed of Schools/Programs in Aestheticians Cosmetology,
Massage Therapy, Nail Technicians. Spa Treatment, etc.
Technical Arts & Trades Working Group: Composed of Schools/Programs in Construction,
Diving, Electronics, HVAC, Mechanics, Truck Driving, Welding, etc.
Technology Working Group: Composed of Schools/Programs in computer assisted design,
computer gaming, engineering, information technology, network management, software, etc.
Workforce Committee: Composed of in coordinating efforts of the Board and member schools
with the Workforce Development System (Workforce Florida and the regional workforce boards).
New Regional Roundtables
FAPSC is initiating regional roundtables to help small and medium sized schools to grow their schools.
CIE will be invited for two hours in the morning to discuss issues that pertain to licensure and relicensure and the afternoon will be devoted to roundtables with seasoned professionals to explore ways
to grow the educational institutions that FAPSC serves. This will be an opportunity to bring questions
to ask and sit with those who have been successful over time.
The first round table will take place at City College in Ft. Lauderdale on October 4, 2013. Additional
roundtables will be scheduled throughout the state. I will update you as they are scheduled.
Save the Date for FAPSC Day in Tallahassee 2014
Plans for FAPSC Day in Tallahassee are taking form. Here is our current tentative agenda:
February 4, 2014
Meeting of the PAC
3:30 pm – 4:30 pm
Doubletree
Open to all PAC Contributors
Orientation Meeting
4:30 pm – 6:00 pm
Doubletree
Open to all FAPSC Members and Sector Schools
PAC Reception 6:00 pm -- 7:30 pm
Doubletree
Open to all FAPSC Members (Legislators invited)
February 5th
Legislative Visits
8 am to 4 pm
The Capitol
Open to all FAPSC Members and Sector Schools
Eagles Luncheon
Noon to 1pm
Governor’s Club
Open to Eagle PAC Members only
FAPSC PAC
We have made the necessary changes required by the legislative action this last session to eliminate
Committees of Continuous Existence and to change the nature of political committees. You will be
receiving more information on that in the future. What you need to know is that we will be billing
those who have agreed to participate in the PAC this next month.
IF YOU HAVE NOT PARTICIPATED IN THE PAC PREVIOUSLY, YOU ARE ENCOURAGED TO JOIN THE REST OF
THE INDUSTRY IN DEVELOPING THE NECESSARY ACCESS TO PROTECT OUR STUDENTS. CALL CURTIS AT
850-577-3139 TO DISCUSS WITH HIM HOW TO GET INVOLVED.