<?xml version='1.0' encoding='utf-8'?>
<section xmlns="https://code.dccouncil.us/schemas/dc-library" xmlns:codified="https://code.dccouncil.us/schemas/codified" xmlns:codify="https://code.dccouncil.us/schemas/codify" xmlns:xi="http://www.w3.org/2001/XInclude" containing-doc="D.C. Code">
  <num>38-1307</num>
  <heading>Higher Education Licensure Commission — Functions.</heading>
  <text>In addition to those duties specified in other sections of this chapter, the Commission shall:</text>
  <para>
    <num>(1)</num>
    <text>Advise the Mayor and the Council with respect to the postsecondary educational needs of the District of Columbia;</text>
  </para>
  <para>
    <num>(2)</num>
    <text>File with the Mayor and the Council quarterly reports relating to:</text>
    <para>
      <num>(A)</num>
      <text>The educational institutions granted or denied licenses under this chapter during the reporting period; and</text>
    </para>
    <para>
      <num>(B)</num>
      <text>Other matters that come under the Commission’s purview;</text>
    </para>
  </para>
  <para>
    <num>(3)</num>
    <text>Receive, and cause to be maintained, copies of student academic records in conformity with the following provisions:</text>
    <para>
      <num>(A)</num>
      <text>In the event an educational institution operating in the District, or any educational institution licensed under this chapter operating outside of the District, proposes to discontinue its operation and has no other repository for its records, the chief administrative officer, by whatever title designated, of the institution shall cause to be filed with the Commission the original or legible true copies of all records of the institution specified by the Commission. The records shall include, at a minimum, the academic records of each former student;</text>
    </para>
    <para>
      <num>(B)</num>
      <text>The Commission shall maintain and dispose of the records in accordance with the provisions of <cite path="2|17">Chapter 17 of Title 2</cite>. Academic records shall be maintained for at least 50 years from the date the student attended the institution;</text>
    </para>
    <para>
      <num>(C)</num>
      <text>The Commission is authorized to charge an institution for all costs involved in the transfer of records;</text>
    </para>
  </para>
  <para>
    <num>(4)</num>
    <para>
      <num>(A)</num>
      <text>In the event it appears to the Commission that the records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the Commission, the Commission may apply to the Superior Court of the District of Columbia for an order authorizing the Commission to seize and take possession of the records; and</text>
    </para>
    <para>
      <num>(B)</num>
      <text>Any chief officer or member of a governing board of an institution who willfully fails to comply with the provisions of this subsection or willfully aids and abets any person in a scheme to avoid the requirements of this subsection may be held personally liable for all costs and damages resulting from the conduct, in addition to other penalties provided by this chapter;</text>
    </para>
  </para>
  <para>
    <num>(5)</num>
    <text>Have the authority to enter into agreements with other jurisdictions as it relates to the licensing of postsecondary educational institutions that provide degree-granting or non-degree-granting instruction to residents of the District; and</text>
  </para>
  <para>
    <num>(6)</num>
    <text>Have the authority to enter into agreements with degree-granting educational institutions operating in the District of Columbia that are otherwise conditionally exempt pursuant to <cite path="§38-1310">§  38-1310</cite> for the purpose of ensuring consistent consumer protection in interstate distance education delivery of higher education.</text>
  </para>
  <annotations>
    <annotation doc="D.C. Law 1-104" type="History" path="§7">Apr. 6, 1977, D.C. Law 1-104, § 7, 23 DCR 8734</annotation>
    <annotation doc="D.C. Law 7-217" type="History">Mar. 16, 1989, D.C. Law 7-217, § 2(g), 36 DCR 523</annotation>
    <annotation doc="D.C. Law 8-239" type="History">Mar. 8, 1991, D.C. Law 8-239, § 2(d), 38 DCR 333</annotation>
    <annotation doc="D.C. Law 21-74" type="History">Feb. 27, 2016, D.C. Law 21-74 , § 2(f), 63 DCR 252</annotation>
    <annotation type="Emergency Legislation">For temporary (90 days) amendment of this section, see § 2(f) of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016,  63 DCR 1188).</annotation>
    <annotation type="Emergency Legislation">For temporary (90 days) amendment of this section, see § 2(f) of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015,  62 DCR 13715).</annotation>
    <annotation type="Emergency Legislation">For temporary (90 days) amendment of this section, see § 2(c) of the  Education Licensure Commission Emergency Amendment Act of 2014 (D.C. Act 20-529, Dec. 19, 2014, 62 DCR 4, 20 STAT 4449).</annotation>
    <annotation type="Temporary Legislation">For temporary (225 days) amendment of this section, see § 2(f) of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (<cite doc="D.C. Law 21-51">D.C. Law 21-51</cite>, Jan. 9, 2016,  62 DCR 13983).</annotation>
    <annotation type="Temporary Legislation">For temporary (225 days) amendment of this section, see § 2(c) of the  Education Licensure Commission Temporary Amendment Act of 2014 (<cite doc="D.C. Law 20-239">D.C. Law 20-239</cite>, March 13, 2015, 62 DCR 1329).</annotation>
    <annotation type="Effect of Amendments">The 2016 amendment by <cite doc="D.C. Law 21-74">D.C. Law 21-74</cite> substituted “Higher Education Licensure Commission” for “Education Licensure Commission” in the section heading; and added (5) and (6) and made related changes.</annotation>
    <annotation type="Prior Codifications">1973 Ed., § 31-2007.</annotation>
    <annotation type="Prior Codifications">1981 Ed., § 31-1607.</annotation>
    <annotation type="Cross References">Licensing of institutions of learning to confer degrees, see <cite path="§29-615" proof="true">§ 29-615</cite> et seq.</annotation>
  </annotations>
</section>
