VINCENT c. GRAY MAYOR The Honorable Phil Mendelson Chairman Council ofthe District of Columbia 0 Pennsylvania Avenue N.W. Suite 0 Washington, D.C. 000 Dear Chairman Mendelson: Enclosed for the consideration of the Council of the District of Columbia is legislation entitled "Higher Education Licensure Commission Amendment Act of 0". This bill proposes changes to the District of Columbia Education Licensure Act of 97 that would clarify the Commission's role and duties. It would 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 to be licensed in the District of Columbia and to provide the Commission with the authority to enter into reciprocity agreements with regards to online courses. These are important updates to ensure that District students receive quality higher education regardless of the format in which instruction is provided. As always, I am available to discuss any questions you may have regarding this legislation. I urge the Council to take favorable consideration ofthe enclosed legislation. Vincent C. Gray
tfntroduced by Chairman Phil Mendelson at the request of the Mayor 7 ABILL 9 IN THE COUNCIL FOR THE DISTRICT OF COLUMBIA 0 Chairman Mendelson introduced the following bill at the request of the Mayor, which was referred to the Committee on ~~~~~~~~~~~~~~~~~~ To amend the District of Columbia Education Licensure Act of 97 to change the name of the Education Licensure Commission to "Higher Education Licensure Commission"; 7 to extend authority to the Commission to require institutions physically located outside the District of Columbia offering postsecondary degree granting or non-degree 9 granting online programs or courses to District of Columbia residents to be licensed in 0 the District of Columbia; to provide the Commission with the authority to enter into reciprocity agreements with regards to online course; and to make a technical codification update amendment. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Higher Education Licensure Commission Amendment Act of0". 7 Sec.. The Education Licensure Commission Act of 97, effective April, 977 (D.C. Law -0; (D.C. Official Code -0 et seq.), is amended as follows: 9 (a) Section 0 (D.C. Official Code -0) is amended as follows: 0 () Paragraph (7) is amended by striking the phrase "by personal attendance or correspondence" and inserting the phrase "by personal attendance, online instruction, or by other means." in its place.
7 9 0 () Paragraph (0) is amended by striking the phrase "Education Licensure Commission." and inserting the phrase "Higher Education Licensure Commission." in its place. () A new paragraph () is added to read as follows: "()(A) "Online Instruction" means education, whether known as "Virtual Class," "Correspondence Course," "Distance Learning" or a like term, where the learner and instructor are not physically in the same place at the same time, in whatever electronic medium such as, but not limited to, the Internet, Web-based, real time or recorded video or digital form, offered to or provided by an educational institution to District residents who are physically present in the District; and "(B) The education provided pursuant to paragraph (l )(A) shall be deemed delivered through online presence in the District.". () A new paragraph () is added to read as follows: "() "Online presence" means the institution employs any ofthe modes of delivery presented in paragraph ()(A).". 7 (b) Section (D.C. Official Code -0 is amended by striking the phrase "an Education Licensure Commission" and inserting the phrase "a Higher Education Licensure Commission" in its place. 9 (c) The section heading for section (D.C. Official Code -0) is amended by 0 striking the phrase "Education Licensure Commission" and inserting the phrase "Higher Education Licensure Commission" in its place.
(d) The section heading for section (D.C. Official Code -0) is amended by 7 9 0 striking the phrase "Education Licensure Commission" and inserting the phrase "Higher Education Licensure Commission" in its place. (e) Section (D.C. Official Code -0) is amended as follows: () The section heading is amended by striking the phrase "Education Li censure Commission" and inserting the phrase "Higher Education Li censure Commission." in its place. () Paragraph (e)() is amended by striking the phrase "Education Licensure Commission Site Evaluation Fund" and inserting the phrase "Higher Education Licensure Commission Site Evaluation Fund" in its place. (f) The section heading for section 7 (D.C. Official Code -07) is amended by 7 9 0 striking the phrase "Education Licensure Commission" and inserting the phrase "Higher Education Licensure Commission" in its place. (g) Section 9 (D.C. Official Code -09) is amended as follows: () Paragraph (a)() is amended by striking the phrase "pursuant to 9 0.99, or 9-0.," and inserting the phrase "pursuant to 9-0.0 et seq. including 9 0.0 et seq.," in its place. () A new paragraph (a)() is added to read as follows: "() (A) An educational institution that is providing online degree granting or non-degree granting instruction to residents of the District shall be considered having an online presence operating in the District and shall be licensed by the Commission. "(B) The Commission shall have the authority to enter into agreements with other jurisdictions as it relates to the licensing ofpost-secondary educational
7 9 0 7 9 0 institutions that provide online degree granting or non-degree granting instruction to residents of the District.". () A new paragraph (a)() is added to read as follows: "() All educational institutions licensed by the Commission in the District are subject to the laws and regulations that govern degree granting and non-degree granting institutions in the District, including the complaint process.". () Paragraph (c-)() is amended by striking the phrase "Education Licensure Commission ("Commission")" and inserting the phrase "Commission" in its place. () Paragraph (d)(l) is amended by striking the phrase ";and" and inserting a period in its place. () Paragraph (d)() is repealed. (7) Subsection (e) is amended by striking the phrase "done by correspondence." and inserting the phrase "done solely through online instruction." in its place. (h) Section a (D.C. Official Code -) is amended as follows: () The section heading is amended by striking the phrase "Education Licensure Commission" and inserting the phrase "Higher Education Licensure Commission." in its place. () Subsection (a) is amended by striking the phrase "Education Licensure Commission" and inserting the phrase "Higher Education Licensure Commission" in its place. () Subsection (b) is amended by striking the phrase "Education Li censure Commission" and inserting the phrase "Higher Education Licensure Commission" in its place.
7 9 0 7 9 0 Sec.. The State Education Office Establishment Act of 000, effective October, 000 as amended (D.C. Law -7; D.C. Official Code -0 et seq.), is amended as follows: (a) Section (D.C. Official Code -0) is amended by striking the phrase "Education Licensure Commission" and inserting the phrase "Higher Education Licensure Commission" in its place. (b) Section 7a (D.C. Official Code -07) is amended as follows: () The section heading is amended by striking the phrase "Education Licensure Commission Site Evaluation Fund" and inserting the phrase "Higher Education Licensure Commission Site Evaluation Fund." in its place. () Subsection (a) is amended by striking the phrase "Education Licensure Commission Site Evaluation Fund" and inserting the phrase "Higher Education Licensure Commission Site Evaluation Fund" in its place. () Subsection (b) is amended by striking the phrase "Education Licensure Commission's" and inserting the phrase "Higher Education Licensure Commission's" in its place. () Subsection (c) is amended by striking the phrase "Education Licensure Commission" inserting the phrase "Higher Education Licensure Commission" in its place. Sec.. Fiscal Impact Statement The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 0(c)() of the District of Columbia Home Rule Act; approved December, 97 (7 Stat. ; D.C. Official Code -0.0 (c)()). Sec.. Effective Date
This act shall take effect following approval by the Mayor (or in the event ofa veto by the Mayor, action by the Council, a 0-day period of Congressional review as provided in section 0( c )() ofthe District of Columbia Home Rule Act, approved December, 97 (7 (7 Stat. ; D.C. Official Code -0.0(c)(l)), and publication in the District of Columbia Register.
Government of the District of Columbia Office of the Chief Financial Officer * * * Natwar M. Gandhi Chief Financial Officer MEMORANDUM TO: FROM: DATE: SUBJECT: REFERENCE: The Honorable Phil Mendelson Chairman, Council of the District of Columbia Natwar M. Gandhi Chief Financial Officer December, 0 Fiscal Impact Statement - "Higher Education Licensure Commission Amendment Act of 0" Draft Bill shared with the Office of Revenue Analysis on November 9, 0 Conclusion Funds are sufficient in the FY 0 through FY 07 budget and financial plan to implement the bill. Background The bill renames the "Education Licensure Commission" as "Higher Education Licensure Commission." The bill also expands the definition of "education services" to include online instruction, and deems education services delivered through online instruction as delivered in the District of Columbia. As a result post-secondary educational institutions that provide online degree or non-degree instruction to District residents would be required to obtain a license in the District of Columbia. The bill gives the Higher Education Licensure Commission the ability to enter into agreements (such as reciprocity agreements) with other jurisdictions for the licensing of postsecondary educational institutions that provide online instruction to residents of the District. Financial Plan Impact Funds are sufficient in the FY 0 through FY 07 budget and financial plan to implement the bill. The Higher Education Licensure Commission can fund its licensing activities through the licensing fees it charges post-secondary institutions. The other requirements of the bill do not have a fiscal impact. 0 Pennsylvania Avenue, NW, Suite 0, Washington, DC 000 (0)77-7 www.cfo.dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL - *** Legal Counsel Division MEMORANDUM TO: FROM: Lolita S. Alston Director Office of Legislative Support Janet M. Robins Deputy Attorney General Legal Counsel Division DATE: November, 0 SUBJECT: Legal Sufficiency Review of Draft Legislation, the "Higher Education Licensure Commission Amendment Act of0" (AE-- ) This is to Certify that this Office has reviewed the abovereferenced proposed resolution and found it to be legally sufficient. Ifyou have any questions in this regard, please do not hesitate to call me at 7-. et M. Robins