§ 21-18.5-1-5 — Transfer of responsibilities relating to proprietary education

Indiana § 21-18.5-1-5

• Jurisdiction: Indiana
• Title 21: HIGHER EDUCATION
• Art. 18.5: ADMINISTRATION OF HIGHER EDUCATION
• Ch. 1: General Provisions

Text

(a) The Indiana commission on proprietary
education is abolished on July 1, 2012.
(b) Unless otherwise specified in a memorandum of understanding
described in subsection (e), the following are transferred on July 1,
2012, from the Indiana commission on proprietary education to the
commission for higher education established by IC 21-18-2-1:
(1) All real and personal property of the Indiana commission on
proprietary education.
(2) All assets and liabilities of the Indiana commission on
proprietary education.
(3) All appropriations to the Indiana commission on proprietary
education.
(c) All powers and duties of the Indiana commission on proprietary
education before its abolishment pertaining to the accreditation of a
postsecondary credit bearing proprietary educational institution are
transferred to the board for proprietary education established by IC 21-18.5-5-1.
(d) All powers and duties of the Indiana commission on proprietary
education before its abolishment pertaining to the accreditation of a
postsecondary proprietary educational institution (as defined in IC 22-4.1-21-9) are transferred to the state workforce innovation council
established by IC 22-4.1-22-3 (before its repeal). After June 30, 2016,
all powers and duties transferred to the state workforce innovation
council by this subsection are transferred to the department of
workforce development established by IC 22-4.1-2-1.
(e) The commission for higher education established by IC 21-18-2-1 may enter into a memorandum of understanding with the
state workforce innovation council established by IC 22-4.1-22-3
(before its repeal) to implement the transition of the responsibilities
and obligations of the Indiana commission on proprietary education
before its abolishment to the commission for higher education and the
state workforce innovation council. After June 30, 2016, the rights,
powers, duties, and obligations of the state workforce innovation
council under a memorandum of understanding entered into by the
state workforce innovation council under this subsection are transferred
to the department of workforce development established by IC 22-4.1-2-1.
(f) Rules that were adopted by the Indiana commission on
proprietary education before July 1, 2012, shall be treated as though the
rules were adopted by the state workforce innovation council
established by IC 22-4.1-22-3 (before its repeal) until the state
workforce innovation council or the department of workforce
development adopts rules under IC 4-22-2 to implement IC 22-4.1-21.
Rules that were adopted by the state workforce innovation council after
June 30, 2012, and before July 1, 2016, to implement IC 22-4.1-21
shall be treated as though the rules were adopted by the department of
workforce development until the department of workforce development
adopts rules under IC 4-22-2 to implement IC 22-4.1-21.
(g) An accreditation granted or a permit issued under IC 21-17-3
(repealed) by the Indiana commission on proprietary education before
July 1, 2012, shall be treated after June 30, 2012, as an authorization
granted by the:
(1) board for proprietary education established by IC 21-18.5-5-1
if the accreditation pertains to a postsecondary credit bearing
proprietary educational institution (as defined in IC 21-18.5-2-12); or
(2) department of workforce development if the accreditation
pertains to a postsecondary proprietary educational institution (as
defined in IC 22-4.1-21-9).
(h) An accreditation granted or a permit issued before May 15,
2013, under IC 21-17-3 (repealed):
(1) by the board for proprietary education established by IC 21-18.5-5-1 shall be treated as an authorization granted by the
board for proprietary education; and
(2) by the state workforce innovation council shall be treated as
an authorization granted by the department of workforce
development.
(i) Proceedings pending before the Indiana commission on
proprietary education on July 1, 2012, shall be transferred from the
Indiana commission on proprietary education to:
(1) the board for proprietary education established by IC 21-18.5-5-1 for a proceeding pertaining to a postsecondary credit
bearing proprietary educational institution (as defined in IC 21-18.5-2-12); or
(2) the state workforce innovation council if the proceeding
pertains to a postsecondary proprietary educational institution (as
defined in IC 22-4.1-21-9).
(j) Proceedings that pertain to a postsecondary proprietary
educational institution (as defined in IC 22-4.1-21-9) pending before
the state workforce innovation council on July 1, 2012, shall be
transferred from the state workforce innovation council to the
department of workforce development established by IC 22-4.1-2-1.

Legislative History

As added by P.L.107-2012, SEC.58. Amended by P.L.273-2013, SEC.3; P.L.69-2015, SEC.13; P.L.178-2016, SEC.3; P.L.152-2018, SEC.17.