5824188 Resolution 21-346, Higher Education Licensure Commission Congressional Review Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-346

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

January 5, 2016        

 

                                                                                                                                             

To declare the existence of an emergency, due to congressional review, with respect to the need to amend the Education Licensure Commission Act of 1976 to change the name of the Education Licensure Commission to the Higher Education Licensure Commission, to extend authority to the commission to require institutions physically located outside the District of Columbia offering postsecondary degree-granting or non-degree-granting online programs or courses to District of Columbia residents physically in the District to be licensed in the District, to permit members of the commission to serve in a hold-over capacity for no more than 180 days after expiration of their second full consecutive term, to provide the commission with the authority to enter into reciprocity agreements with regards to online courses, and to authorize the commission to impose alternative sanctions for violations of provisions of the act or regulations promulgated under the authority of the act; to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to increase the annual compensation of members of the Higher Education Licensure Commission from $4,000 to $8,000; to amend the State Education Office Establishment Act of 2000 to designate the Office of the State Superintendent of Education the state portal agency for state authorization reciprocity; and to amend the Office of Administrative Hearings Establishment Act of 2001 to make a conforming amendment.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Higher Education Licensure Commission Congressional Review Emergency Declaration Resolution of 2016”.

 

            Sec. 2.  (a)  The District of Columbia seeks to ensure that a wide array of post-secondary learning opportunities are available for our residents. Across the country, at least 7 million students are using online technology to access post-secondary courses. Post-secondary online distance education expands learning opportunities by providing flexible, accessible methods to acquiring new skills and fulfilling degree requirements.

(b) The rapid growth of distance education has brought to the forefront the need to provide a coherent and comprehensive structure that focuses on consumer protection and security while maintaining the unique features of online distance learning. Students in online distance education programs require stronger protections because they are completing their courses and programs outside of the visibility of traditional oversight and monitoring structures. Many other states have already taken the step to protect their residents, and the District must move forward to keep up with best practices in post-secondary licensing.

(c) Since the current Education Licensure Commission law does not specifically require schools outside of the District offering online distance education programs to District residents to be licensed, District residents are left unprotected against unethical practices by false or misleading postsecondary entities. Therefore, a need exists to protect District residents who may be unable to assess the legitimacy, quality, or legality of a post-secondary educational institution.    

(d) Currently, over 100 postsecondary institutions outside of the District are already providing distance education to District residents and have inquired with the Education Licensure Commission about getting licensed. Until the changes proposed in this emergency legislation are made, there is no guidance that the Education Licensure Commission can provide to these institutions, and there are no basic standards or safeguards that the Education Licensure Commission can require of these institutions.

(e) Furthermore, District-based postsecondary institutions that are engaging in distance education in other jurisdictions must navigate multiple state licensing requirements that are both cumbersome and costly.  The changes in this emergency legislation will allow the Education Licensure Commission to enter into reciprocity agreements with other jurisdictions regarding licensing online distance education programs, which would result in ensuring security and consumer protections while making the process and costs for providing distance education far less involved. 

(f) The Education Licensure Commission has already entered into a State Authorization Reciprocity Agreement (“SARA”), per authority provided by the Education Licensure Commission Temporary Amendment Act of 2014, effective March 13, 2015 (D.C. Law 20-239; 62 DCR 4510 ) (“Temporary Act”). That Temporary Act expired on October 24, 2015, and the Council passed emergency and temporary legislation (D.C. Law 21-158 and D.C. Law 21-172) to ensure the Education Licensure Commission could maintain the SARA while the permanent legislation worked its way through the process.

(g) This emergency legislation is necessary to prevent a gap in the law as the most recent emergency legislation is set to expire on January 14, 2016, but the temporary legislation is not projected to become law until January 21, 2016.

(h) Without this emergency legislation, private and public higher education institutions in the District, including the University of the District of Columbia (“UDC”), will have to pay fees to each state to conduct online learning programs in their respective states. This is extremely expensive and burdensome for the District’s institutions of higher learning.  Thus, this emergency legislation, through the SARA, will save both UDC and the District’s private higher education institutions in the District tens of thousands of dollars in fees in the coming months.

 

 

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 be adopted after a single reading.

 

Sec. 4.  This resolution shall take effect immediately.