Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6E - Commission for Independent Education › Chapter 6E-2 - LICENSING › Section 6E-2.002 - Institutional Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Provisional
				license.
(a) A new applicant for initial
				licensure who has received Approved Applicant status shall be granted a
				Provisional License for a period not to exceed one year when the Commission
				determines that the applicant is in substantial compliance with the standards
				for Annual Licensure and the appropriate fees have been paid.
(b) Although an application may be complete,
				containing material addressing each requirement, still there may be
				deficiencies in fully meeting the standards for a Provisional License. The
				Commission reviews all applications for Provisional License and shall impose
				any conditions it deems appropriate in order to comply with the standards of
				rule 6E-2.004, F.A.C. Deficiencies
				and conditions will be itemized in the recommendation for Provisional Licensure
				presented by staff to the Commission, and the Commission may find that
				additional deficiencies exist. The Commission shall, if necessary, attach
				conditions which must be met before a Provisional License is granted as
				required by rules 6E-2.004 and
				6E-1.0032, F.A.C.
(c) Substantive change. An institution which
				undergoes a substantive change, as defined in subsection
				6E-1.003(57),
				F.A.C., while holding an Annual License or a License by Means of Accreditation,
				shall be granted a Provisional License for a period of time determined by the
				Commission, except as provided in paragraph
				6E-2.002(3)(g),
				F.A.C. An institution may submit a written request for a return to its previous
				status or for a new status when conditions set by the Commission have been met.
				Any limitations on the operation of the institution during the period of
				provisional licensure will be determined by the Commission when granting the
				Provisional License. An institution holding a Provisional License shall not
				request approval of or implement a substantive change until it holds an Annual
				License or License by Means of Accreditation. The Commission may delegate to
				the Executive Director, the authority to return institutions to their previous
				status between Commission meetings, if the Executive Director determines that
				changes have no negative impact on the institution or the students attending
				the institution. Such action shall be reported to the Commission at the next
				meeting for further action.
(d)
				Time allowed for compliance. A Provisional License shall be granted for a
				period up to one year, during which time the institution shall meet all
				conditions and demonstrate that it meets the standards for an Annual License or
				a License by Means of Accreditation. If the Commission determines that the
				applicant is making a good faith effort to comply, but a delay occurs due to
				extraordinary circumstances caused by considerations such as requirements of an
				accrediting agency or of other governmental agencies, the Commission shall
				grant an extension of the Provisional License up to one additional year and
				require payment of the appropriate fee. If the institution has not complied
				with all necessary standards and conditions within the period specified,
				including any authorized extension, a new application for licensure reflecting
				the current situation must be submitted and all required fees paid to start the
				application process again. Progress reports shall be required by the Commission
				during the period of provisional licensure as necessary to inform the
				Commission of the institution's progress toward reaching a higher level of
				licensure.
(e) Probable cause. An
				institution for which probable cause has been found pursuant to rule
				6E-2.0061, F.A.C., shall be
				issued a Provisional License until the conditions leading to the finding of
				probable cause have been corrected. Because of the need for increased
				monitoring during this time, additional fees shall be assessed on a quarterly
				basis pursuant to rule
				6E-4.001, F.A.C.
(f) Permissible activities. While holding a
				Provisional License, an institution may advertise, recruit students, accept
				fees and tuition from or on behalf of students, and hold classes. A new
				institution seeking to offer degrees, a nondegree-granting institution seeking
				to add degree programs, or a new nondegree-granting institution whose
				credential requires one year or more to earn, shall not award the new degree or
				credential during provisional licensure. The Commission shall note in the
				granting of the Provisional License whether any short-term credentials can be
				awarded during that status, and what specific activities may occur. No programs
				may be advertised or offered which do not appear on the Provisional License.
				Fair consumer practices, as provided in sections
				1005.04 and
				1005.34, F.S., and rule
				6E-1.0032, F.A.C., shall be
				followed by the institution in all aspects of its operation.
(g) Disciplinary actions. Grounds and
				procedures for disciplinary actions against a licensee are provided in chapter
				1005, F.S., and in rule
				6E-2.0061,
				F.A.C.