D.C. Law 21-127. Higher Education Licensure Commission Clarification Temporary Amendment Act of 2016.

AN ACT

To amend, on a temporary basis, the Education Licensure Commission Act of 1976 to require that postsecondary educational institutions providing degree-granting or non-degree-granting online programs or courses to District residents must be licensed by the Higher Education Licensure Commission or authorized to operate in the District pursuant to a reciprocity agreement.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Higher Education Licensure Commission Clarification Temporary Amendment Act of 2016".

Sec. 2. The Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1301 et seq.), is amended as follows:

(a) Section 201 (D.C. Official Code § 38-1302) is amended as follows:

(1) Paragraph (4)(C) is amended by striking the phrase "through agents offers" and inserting the phrase "through agents or an online presence offers" in its place.

(2) A new paragraph (17) is added to read as follows:

"(17) "Reciprocity agreement" means an agreement joined by the District of Columbia with other member states, districts, or U.S. territories that establishes national standards for interstate offering of postsecondary distance education courses and programs.".

(b) Section 6(b)(3) (D.C. Official Code § 38-1306(b)(3)) is amended by striking the phrase "45-day" both times it appears and inserting the phrase "14-day" in its place.

(c) Section 7(5) (D.C. Official Code § 38-1307(5)) is amended as follows:

(1) Strike the phrase "agreements with other jurisdictions as it relates to the licensing" and insert the phrase "reciprocity agreements with other jurisdictions that relate to the authorization" in its place.

(2) Strike the word "instruction" and insert the phrase "online instruction" in its place.

(d) Section 9 (D.C. Official Code § 38-1309) is amended as follows:

(1) Subsection (a-1) is repealed.

(2) Subsection (c-1) is amended by adding a new paragraph (3) to read as follows:

"(3) Paragraph (1) of this subsection shall not apply to a postsecondary educational institution that provides degree-granting or non-degree-granting online instruction to residents of the District through an online presence and that is authorized to operate in the District pursuant to a reciprocity agreement.".

(e) A new section 9a is added to read as follows:

"Sec. 9a. Delivery of online instruction by a postsecondary educational institution.

"(a) A postsecondary educational institution may provide degree-granting or non-degree-granting online instruction to residents of the District through an online presence.

"(b) An educational institution that provides degree-granting or non-degree-granting online instruction to residents of the District through an online presence shall be deemed to be operating in the District, and shall either be:

"(1) Licensed by the Commission in accordance with this act; or

"(2) Authorized to operate in the District pursuant to a reciprocity agreement.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect.