April 27, 2006, Introduced by Reps. Palmer, Taub, Elsenheimer, Hoogendyk, Hummel, Walker, Sheltrown, Emmons, Casperson and Marleau and referred to the Committee on Higher Education and Career Preparation.
A bill to amend 1964 PA 142, entitled
"An act to authorize the state department of education to provide
minimum requirements for nonincorporated privately operated
institutions which purport to offer degrees, diplomas or
certificates based on education beyond high school, or education
for transfer to institutions of higher learning,"
by amending the title and sections 1 and 2 (MCL 390.771 and
390.772).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to authorize the state department of education to
provide
minimum requirements for nonincorporated privately
operated
institutions which purport to unincorporated
private
educational institutions that offer degrees, diplomas, or
certificates
based on education beyond high school
, or offer
education
for transfer to other institutions of higher learning
education.
Sec. 1. (1) The state department of education may approve or
disapprove
any postsecondary educational
programs, which are post
high
school in nature program
operated by an unincorporated
private
institution and designed for transfer
of credit , which
purport
or to lead to
diplomas, certificates or degrees,
in terms
of
a diploma, certificate, or
degree, based on minimum standards
which the department may establish with regard to all of the
following:
(a) housing Housing space and
administrative facilities. ;
(b) educational Educational programs
leading to such
diplomas,
certificates, or degrees.
;
(c) laboratory Laboratory, library, and
teaching facilities.
;
and
(d) instructional Instructional staff. ,
for any privately
operated
institution not incorporated under the provisions of Act
No.
327 of the Public Acts of 1931, as amended, being sections
450.1
to 450.192 of the Compiled Laws of 1948, when such an
institution
is operated by a person, group of persons, partnership,
partnership
association, limited partnership association, or any
other
form of association.
(2) The department may establish minimum general requirements
for
any degree, diploma, or certificate to be offered by such
an
unincorporated
private institution. Nonincorporated,
privately
operated
institutions
(3) An unincorporated private institution organized to offer
post high school programs for students who will transfer to other
institutions
of higher learning shall be within education are
subject to the jurisdiction of the department of education for
purposes
of this act. Schools
(4)
A school licensed by other
agencies, boards or
commissions,
which review another agency,
board, or commission
that reviews the curriculum prior to the issuance or renewal of a
license ,
shall be is exempt from the provisions of this act.
(5) As used in this act, "unincorporated private institution"
means a privately operated educational institution operated by an
individual or group of individuals, limited liability company,
partnership, or other form of association. The term does not
include an educational institution formed under or subject to 1931
PA 327, MCL 450.98 to 450.192, including, but not limited to, an
educational institution or program classified as a class z
educational corporation under section 171(1) of 1931 PA 327, MCL
450.171.
Sec.
2. (1) If such an educational an unincorporated private
institution
fails to meet minimum standards specified established
by the state department of education under section 1, the
department may enjoin the institution to meet the requirements
within a specified period of time. If the institution fails to do
so,
the department may take such any
legal action as it deems
considers necessary to cause the owners or administrators of the
institution
to refrain from offering any part or all of such the
educational
programs which that
the department shall
have has
found to be inadequate.
(2)
It is the intent of this act that such
educational
unincorporated private institutions shall meet minimum standards
equivalent to those for institutions incorporated under the
provisions
of Act No. 327 of the Public Acts of 1931, as amended
1931 PA 327, MCL 390.98 to 390.192.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6014(request no.
05558'05).
(b) Senate Bill No.____ or House Bill No. 6015(request no.
05578'05).