Florida Regulations 6N-1.003: Provisional Approval
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(1) The Council shall, upon receipt of an in-State institution’s complete application to participate in SARA, approve the institution to participate in SARA on a provisional status if the institution meets the requirements of this rule chapter, but also meets one of the following:
(a) The Institution is on provisional or probationary status or the equivalent with its institutional Accrediting Agency;
(b) The Institution is currently required by the U.S. Department of Education to post a letter of credit or is under a cash management agreement with the U.S. Department of Education (Such institutions must still have a Federal Financial Responsibility Composite Score of 1.0 or above.);
(c) The Institution has a Federal Financial Responsibility Composite Score between 1.0 and 1.5;
(d) The Institution is the subject of a publicly announced investigation by a government agency, and the investigation is related to the institution’s academic quality, financial stability or student consumer protection;
(e) The Institution is the subject of a current investigation by its Home State relating to the institution’s academic quality, financial stability or student consumer protection;
(f) However, a third-party action such as a private lawsuit or news story does not by itself establish a government investigation. If such a third-party event results in an investigation by a government agency as set forth in subsections d and e above, these subsections become applicable. Lawsuits by government entities are considered to have resulted from a governmental investigation and can be the basis of a determination of Provisional Status.
(2) Terms and Length of Provisional Status.
(a) An in-State institution approved to participate in SARA on provisional status shall meet any requirements the Council deems necessary to ensure state authorization standards are met regarding program quality, financial stability, and consumer protection.
(b) The length of the provisional status of an in-State institution approved to participate in SARA shall be determined by the Council and may not exceed one (1) year.
(3) Provisional status of an institution between renewal periods. The Council may place an institution on provisional status at any time if the institution is subject to any conditions set forth in subsection (1) of this rule or if the institution’s financial composite score falls between a 1.0 and 1.5.
(4) Application for Removal of Provisional Status.
(a) If an in-State institution approved to participate in SARA on provisional status no longer meets the provisional status criteria set forth in subsection (1), of this rule, it may submit a written request to the Council for removal of its provisional status designation and approval as a SARA member institution.
(b) The Council shall grant the request if the criteria justifying provisional status no longer apply, and if the institution meets the requirements of Fl. Admin. Code R. 6N-1.002
(c) If the Council determines that an in-State institution approved to participate in SARA on provisional status no longer meets the requirements of their provisional approval or fails to gain full approval by the deadline established by the Council, the Council shall direct that the institution cease enrollments of students under the reciprocity agreement and:
1. Terminate the institution’s reciprocity agreement, or
2. Allow the institution a grace period of twelve (12) months to come into compliance with the reciprocity agreement standards.
(5) In any 3-year period, the Council may grant an institution only one (1) grace period in which to correct non-compliance under this rule.
Rulemaking Authority Florida Statutes § 1000.35(10). Law Implemented 1000.35(3), (6)-(7) FS. History-New 10-17-17, Amended 9-18-18, 5-5-20.
Terms Used In Florida Regulations 6N-1.003
- Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
(b) The Institution is currently required by the U.S. Department of Education to post a letter of credit or is under a cash management agreement with the U.S. Department of Education (Such institutions must still have a Federal Financial Responsibility Composite Score of 1.0 or above.);
(c) The Institution has a Federal Financial Responsibility Composite Score between 1.0 and 1.5;
(d) The Institution is the subject of a publicly announced investigation by a government agency, and the investigation is related to the institution’s academic quality, financial stability or student consumer protection;
(e) The Institution is the subject of a current investigation by its Home State relating to the institution’s academic quality, financial stability or student consumer protection;
(f) However, a third-party action such as a private lawsuit or news story does not by itself establish a government investigation. If such a third-party event results in an investigation by a government agency as set forth in subsections d and e above, these subsections become applicable. Lawsuits by government entities are considered to have resulted from a governmental investigation and can be the basis of a determination of Provisional Status.
(2) Terms and Length of Provisional Status.
(a) An in-State institution approved to participate in SARA on provisional status shall meet any requirements the Council deems necessary to ensure state authorization standards are met regarding program quality, financial stability, and consumer protection.
(b) The length of the provisional status of an in-State institution approved to participate in SARA shall be determined by the Council and may not exceed one (1) year.
(3) Provisional status of an institution between renewal periods. The Council may place an institution on provisional status at any time if the institution is subject to any conditions set forth in subsection (1) of this rule or if the institution’s financial composite score falls between a 1.0 and 1.5.
(4) Application for Removal of Provisional Status.
(a) If an in-State institution approved to participate in SARA on provisional status no longer meets the provisional status criteria set forth in subsection (1), of this rule, it may submit a written request to the Council for removal of its provisional status designation and approval as a SARA member institution.
(b) The Council shall grant the request if the criteria justifying provisional status no longer apply, and if the institution meets the requirements of Fl. Admin. Code R. 6N-1.002
(c) If the Council determines that an in-State institution approved to participate in SARA on provisional status no longer meets the requirements of their provisional approval or fails to gain full approval by the deadline established by the Council, the Council shall direct that the institution cease enrollments of students under the reciprocity agreement and:
1. Terminate the institution’s reciprocity agreement, or
2. Allow the institution a grace period of twelve (12) months to come into compliance with the reciprocity agreement standards.
(5) In any 3-year period, the Council may grant an institution only one (1) grace period in which to correct non-compliance under this rule.
Rulemaking Authority Florida Statutes § 1000.35(10). Law Implemented 1000.35(3), (6)-(7) FS. History-New 10-17-17, Amended 9-18-18, 5-5-20.