Senate Bill sb2108
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Florida Senate - 2001 SB 2108
By Senators Pruitt and Horne
27-936B-01
1 A bill to be entitled
2 An act relating to education governance
3 reorganization; amending s. 229.001, F.S.;
4 revising a short title to delete obsolete
5 language; amending s. 229.002, F.S.; revising
6 the policy and guiding principles of the
7 Legislature relating to education governance;
8 amending s. 229.003, F.S.; revising the
9 timeframe for education governance
10 reorganization; revising the titles of the
11 education governance officers; revising the
12 name of the Florida On-Line High School to
13 conform with changes made by the bill; revising
14 the membership of university boards of
15 trustees; abolishing the Board of Regents, the
16 State Board of Community Colleges, and the
17 Postsecondary Education Planning Commission;
18 transferring the powers, duties, functions,
19 records, personnel, property, unexpended
20 balances of appropriations, allocations, other
21 funds, administrative authority, administrative
22 rules, pending issues, and existing contracts
23 of the Board of Regents to the Florida Board of
24 Education, of the State Board of Community
25 Colleges to the Florida Board of Education, and
26 of the Postsecondary Education Planning
27 Commission to the Education K-20 Policy and
28 Research Commission, respectively; creating the
29 Education K-20 Policy and Research Commission
30 within OPPAGA; transferring the Articulation
31 Coordinating Committee and the Education
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1 Standards Commission by type two transfer from
2 the Department of Education to the Florida
3 Board of Education; requiring the Commissioner
4 of Education to commence reorganization of the
5 department and specifying offices and
6 divisions; requiring the merger of the powers,
7 duties, and staffs of the State Board of
8 Independent Colleges and Universities and the
9 State Board of Nonpublic Career Education, with
10 an exception, into a single Commission for
11 Independent Education; creating s. 229.0031,
12 F.S.; creating the Education K-20 Policy and
13 Research Commission; establishing the
14 membership and duties of the commission;
15 providing for the appointment and employment of
16 an executive director; amending s. 229.004,
17 F.S.; revising the timeframe for the creation
18 of the Florida Board of Education; deleting the
19 requirement that the board be part time;
20 revising the duties and responsibilities of the
21 board; conforming terminology with changes made
22 by the bill; providing cross references to
23 newly created missions and goals and
24 guidelines; amending s. 229.005, F.S.; revising
25 provisions relating to qualifications of
26 Florida education governance officers to
27 conform terminology to changes made by the bill
28 and to provide cross references to newly
29 created missions and goals; requiring the
30 Commissioner of Education to work with the
31 board and oversee the chancellors and the
2
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1 executive director and to serve as secretary of
2 the Florida Board of Education and as chief
3 executive officer of the seamless K-20
4 education system; deleting references to
5 requirements of the Florida Constitution
6 relating to education; requiring the Chancellor
7 of Public Schools, the Chancellor of Colleges
8 and Universities, the Chancellor of Community
9 Colleges, and the Executive Director of
10 Independent Education to work as division vice
11 presidents of the seamless K-20 education
12 system; revising the name of the Florida
13 On-Line High School to conform with changes
14 made by the bill; amending s. 229.006, F.S.;
15 deleting obsolete language relating to the
16 creation and already-accomplished duties of the
17 Education Governance Reorganization Transition
18 Task Force; revising the timeframe for the
19 reorganization; requiring the task force to
20 provide guidance and monitoring of the
21 reorganization implementation process and to
22 report to the Governor, the Legislature, and
23 the public on its progress; revising the
24 timeframe and recipients of the final report of
25 the task force; creating s. 229.0061, F.S.;
26 establishing guidelines for the implementation,
27 structure, functions, and organization of
28 Florida's K-20 education system; creating s.
29 229.007, F.S.; establishing Florida's K-20
30 education performance accountability system;
31 providing legislative intent; establishing the
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1 mission and goals and systemwide measures;
2 creating s. 229.0072, F.S.; establishing a
3 reorganization implementation process;
4 requiring the Governor to appoint university
5 boards of trustees and a Florida Board of
6 Education; establishing duties of the Florida
7 Board of Education relating to the transition
8 and implementation of the K-20 system;
9 requiring the Commissioner of Education to work
10 with the Florida Board of Education to achieve
11 full implementation of the seamless K-20 system
12 and to commence reorganization of the
13 department as required by the act; requiring
14 the Florida Board of Education to appoint
15 advisory bodies as necessary, and develop and
16 recommend to the Legislature a new School Code;
17 creating s. 229.0073, F.S.; directing the
18 Commissioner of Education to work with the
19 Florida Board of Education to reorganize the
20 Department of Education as provided by the act;
21 creating s. 229.0074, F.S.; establishing the
22 mission of the Division of Independent
23 Education; providing duties of the executive
24 director; combining and transferring the powers
25 and duties of the State Board of Independent
26 Colleges and Universities and the State Board
27 of Nonpublic Career Education, with an
28 exception, to the Commission for Independent
29 Education; providing duties of the commission;
30 creating s. 229.008, F.S.; providing for
31 establishment and membership of boards of
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1 trustees of universities in the State
2 University System; creating s. 229.0081, F.S.;
3 establishing powers and duties of university
4 boards of trustees; creating s. 229.0082, F.S.;
5 establishing powers and duties of university
6 presidents; creating s. 229.0083, F.S.;
7 providing legislative intent regarding the
8 School Readiness Act; clarifying
9 responsibilities of the Florida Partnership for
10 School Readiness, the Department of Education,
11 and parents relating to school readiness;
12 creating s. 229.0084, F.S.; providing a
13 statement of legislative finding and intent
14 regarding liability for student achievement;
15 amending s. 228.082, F.S.; revising the name of
16 the Florida On-Line High School to the Florida
17 Virtual High School, which school shall be
18 housed within the Commissioner of Education's
19 Office of Technology and Information Services
20 and monitored by the commissioner; stating the
21 mission of the Florida Virtual High School;
22 deleting obsolete language; revising the duties
23 of the school's board of trustees; requiring
24 the Department of Education to maximize federal
25 indirect cost allowed on federal grants;
26 requiring appropriation for expenditure of
27 funds received from indirect cost allowance;
28 repealing s. 229.085, F.S., relating to custody
29 of educational funds; repealing ss. 240.145,
30 240.147, 240.209(2), 240.227, 240.307, and
31 240.311(4), F.S., relating to the Postsecondary
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1 Education Planning Commission, the powers and
2 duties of the commission, the Board of Regents
3 appointment of a Chancellor of the State
4 University System, powers and duties of
5 university presidents, the appointment of
6 members of the State Board of Community
7 Colleges, and the appointment of an executive
8 director of the community college system;
9 providing effective dates.
10
11 WHEREAS, in response to Floridians' amendment of s. 2,
12 Art. IX of the State Constitution requiring a seven-member
13 state board of education appointed by the Governor to
14 staggered 4-year terms, subject to confirmation by the Senate,
15 which "shall appoint the commissioner of education," the 2000
16 Legislature enacted the "Florida Education Governance
17 Reorganization Act of 2000" (chapter 2000-321, Laws of
18 Florida), and
19 WHEREAS, the Florida Education Governance
20 Reorganization Act of 2000 provided legislative policy and
21 guiding principles for a seamless kindergarten through
22 postgraduate education system; provided for the future repeal
23 of existing education entities and statutes; provided for
24 nine-member boards of trustees for each university in the
25 State University System; provided for the establishment and
26 duties of the Florida Board of Education and specified
27 education governance officers; and established the Education
28 Governance Reorganization Transition Task Force charged with
29 the duty to make recommendations to the Legislature, pursuant
30 to a legislatively established timeline, to accomplish a
31 smooth and orderly transition to the new education system, and
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1 WHEREAS, the Education Governance Reorganization
2 Transition Task Force was timely appointed and has been
3 aggressively pursuing its statutory duties by holding meetings
4 and public hearings throughout the state, consulting with
5 education stakeholders and national experts, taking public
6 testimony, and working to expedite its recommendations, NOW,
7 THEREFORE,
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 229.001, Florida Statutes, is
12 amended to read:
13 229.001 Short title.--This act may be cited as the
14 "Florida Education Governance Reorganization Implementation
15 Act of 2000."
16 Section 2. Section 229.002, Florida Statutes, is
17 amended to read:
18 229.002 Declaration of policy and guiding
19 principles.--
20 (1) It is the policy of the Legislature:
21 (a) To achieve within existing resources true systemic
22 change in education governance by establishing a seamless
23 academic educational system that fosters an integrated
24 continuum of kindergarten through graduate school education
25 for Florida's citizens.
26 (b) To promote enhanced academic success and funding
27 efficiency by centralizing the governance of educational
28 delivery systems and aligning responsibility with
29 accountability.
30 (c) To provide consistent education policy vertically
31 and horizontally across all educational delivery systems,
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1 focusing on students the needs of those receiving education,
2 not those providing education.
3 (d) To provide substantially improved vertical and
4 horizontal articulation across all educational delivery
5 systems while still ensuring that nonpublic education
6 institutions and home education programs maintain their
7 independence, autonomy, and nongovernmental status.
8 (e) To provide for devolution of authority to the
9 schools, community colleges, universities, and other education
10 institutions that are the actual deliverers of educational
11 services in order to provide student-centered education
12 services within the clear parameters of the overarching
13 education policy established by the Legislature.
14 (2) The guiding principles for Florida's new education
15 governance are:
16 (a) A coordinated, seamless system for kindergarten
17 through graduate school education.
18 (b) A system that is student-centered in every facet.
19 (c) A system that maximizes education access and
20 provides the opportunity for a high-quality education academic
21 success for all Floridians.
22 (d) A system that safeguards equity and supports
23 academic excellence.
24 (e) A system that provides for local operational
25 flexibility while promoting accountability for student
26 achievement and improvement refuses to compromise academic
27 excellence.
28 Section 3. Section 229.003, Florida Statutes, is
29 amended to read:
30 229.003 Florida education governance reorganization.--
31
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1 (1) Effective January 7, 2003, The Florida Board of
2 Education, created pursuant to s. 229.004, shall be
3 responsible for overseeing kindergarten through graduate
4 school education, in accordance with the implementation
5 process in s. 229.0072 and the policies and guiding principles
6 in s. 229.002 and the mission and goals of s. 229.007.
7 (2) Effective January 7, 2003, the Florida Board of
8 Education shall appoint the Commissioner of Education.
9 (2)(3) Effective January 7, 2003, There are is
10 established the following education governance officers in
11 addition to the Commissioner of Education:
12 (a) A Chancellor of Public Schools, K-12 Education
13 appointed by the Commissioner of Education.
14 (b) A Chancellor of Colleges and State Universities,
15 appointed by the Commissioner of Education.
16 (c) A Chancellor of Community Colleges and Career
17 Preparation, appointed by the Commissioner of Education.
18 (d) An Executive Director of Independent Nonpublic and
19 Nontraditional Education, appointed by the Commissioner of
20 Education.
21
22 Each chancellor and executive director shall be subject to
23 confirmation by the Florida Board of Education and shall serve
24 at the pleasure and under the authority of the Commissioner of
25 Education.
26 (3)(4) Effective July 1, 2000, The Governor shall
27 appoint a seven-member board of trustees for the Florida
28 Virtual On-Line High School, which shall be a body corporate
29 with all the powers of a body corporate.
30 (4)(5) Effective January 7, 2003, The Governor shall
31 appoint for each university in the State University System, an
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1 11-member a nine-member board of trustees, which shall be a
2 body corporate with all the powers of a body corporate. In
3 addition to the 11 members, each student body president shall
4 serve as an ex officio nonvoting member of the board of
5 trustees. There shall be no state residency requirement for
6 university board members, but the Governor shall consider
7 regional representatives, as appropriate All members of the
8 board of trustees of Florida Atlantic University must reside
9 within the service area of the university; three must be
10 residents of Broward County, three must be residents of Palm
11 Beach County, and three may be residents of any county within
12 the service area.
13 (5) Effective July 1, 2001:
14 (a) The Board of Regents is abolished.
15 (b) All of the powers, duties, functions, records,
16 personnel, and property; unexpended balances of
17 appropriations, allocations, and other funds; administrative
18 authority; administrative rules; pending issues; and existing
19 contracts of the Board of Regents are transferred by a type
20 two transfer, pursuant to s. 20.06(2), to the Florida Board of
21 Education.
22 (c) The State Board of Community Colleges is
23 abolished.
24 (d) All of the powers, duties, functions, records,
25 personnel, and property; unexpended balances of
26 appropriations, allocations, and other funds; administrative
27 authority; administrative rules; pending issues; and existing
28 contracts of the State Board of Community Colleges are
29 transferred by a type two transfer, pursuant to s. 20.06(2),
30 from the Department of Education to the Florida Board of
31 Education.
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1 (e) The Postsecondary Education Planning Commission is
2 abolished.
3 (f) The Education K-20 Policy and Research Commission
4 is created and assigned for administrative purposes to the
5 Office of Program Policy Analysis and Government
6 Accountability (OPPAGA).
7 (g) All personnel, unexpended balances of
8 appropriations, and allocations of the Postsecondary Education
9 Planning Commission are transferred to the Education K-20
10 Policy and Research Commission.
11 (h) The Articulation Coordinating Committee and the
12 Education Standards Commission are transferred by a type two
13 transfer, pursuant to s. 20.06(2), from the Department of
14 Education to the Florida Board of Education.
15 (i) Notwithstanding the provisions of s. 20.15, the
16 Commissioner of Education shall commence the reorganization of
17 the Department of Education in accordance with s. 229.0073,
18 which shall include an Office of the Commissioner of Education
19 comprised of the general areas of operation that are common to
20 all delivery sectors and, in addition, shall include:
21 1. The creation of an Office of Technology and
22 Information Services, an Office of Workforce and Economic
23 Development, and an Office of Educational Facilities.
24 2. The creation of a Division of Colleges and
25 Universities.
26 3. The creation of a Division of Community Colleges.
27 4. The creation of a Division of Public Schools.
28 5. The creation of a Division of Independent
29 Education.
30 6. The merger of the powers, duties, and staffs of the
31 State Board of Independent Colleges and Universities and the
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1 State Board of Nonpublic Career Education, except as relating
2 to any independent nonprofit college or university which is
3 located in and chartered by the state, is accredited by the
4 Commission on Colleges of the Southern Association of Colleges
5 and Schools, and grants baccalaureate degrees, into a single
6 Commission for Independent Education administratively housed
7 within the Division of Independent Education.
8 (6) Effective January 7, 2003, the powers and duties
9 of the following entities are relocated to the Florida Board
10 of Education, which shall retain all related funding and
11 budget authority for purposes of a single, seamless
12 kindergarten through graduate school education system and
13 single or coordinated budget and may retain or redistribute
14 the powers and duties of each entity in accordance with the
15 policies and guiding principles of s. 229.002, and the
16 entities shall cease to exist:
17 (a) The Board of Regents.
18 (b) The State Board of Community Colleges.
19 (c) The State Board of Independent Colleges and
20 Universities.
21 (d) The State Board of Nonpublic Career Education.
22 (e) The Division of Workforce Development of the
23 Department of Education.
24 (f) The Postsecondary Education Planning Commission.
25 (g) The Articulation Coordination Committee.
26 (h) The Division of Human Resource Development of the
27 Department of Education.
28 (i) The Division of Support Services of the Department
29 of Education.
30 (j) The Division of Administration of the Department
31 of Education.
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1 (k) The Division of Financial Services of the
2 Department of Education.
3 (l) The Division of Technology of the Department of
4 Education.
5 (m) The Office of Student Financial Assistance of the
6 Department of Education.
7 (n) The Division of Universities of the Department of
8 Education.
9 (o) The Division of Community Colleges of the
10 Department of Education.
11 Section 4. Section 229.0031, Florida Statutes, is
12 created to read:
13 229.0031 Education K-20 Policy and Research
14 Commission.--Effective July 1, 2001, the Education K-20 Policy
15 and Research Commission shall be created, which shall be
16 administratively housed within the Office of Program Policy
17 Analysis and Government Accountability (OPPAGA).
18 (1)(a) The commission shall be composed of five
19 members appointed by the Governor, two members appointed by
20 the President of the Senate, and two members appointed by the
21 Speaker of the House of Representatives, none of whom shall be
22 an elected official. Each member shall serve a term of 6
23 years; however, for the purpose of providing staggered terms,
24 of the initial appointments one of the members appointed by
25 the Governor, one of the members appointed by the President of
26 the Senate, and one of the members appointed by the Speaker of
27 the House of Representatives shall be appointed to 4-year
28 terms, one of the members appointed by the President of the
29 Senate and one of the members appointed by the Speaker of the
30 House of Representatives shall be appointed to 5-year terms,
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1 and the remaining four members shall be appointed to 6-year
2 terms.
3 (b) The members of the commission shall serve without
4 compensation, but shall be reimbursed for per diem and travel
5 expenses pursuant to s. 112.061.
6 (2) The commission shall appoint and employ an
7 executive director, who shall be the chief administrative
8 officer of the commission and shall report directly to the
9 commission, except that the first executive director shall be
10 appointed by the Education Governance Reorganization
11 Transition Task Force, subject to confirmation by the
12 commission.
13 (3) The commission shall:
14 (a) Provide state policymakers with objective, timely,
15 and independent information that supports a seamless
16 student-centered K-20 education system and accountability
17 process that provides all students an opportunity for a
18 high-quality education, in accordance with the policies and
19 guiding principles of s. 229.002.
20 (b) Annually review and make recommendations to the
21 Legislature regarding the activities of research centers and
22 institutes supported with state funds in order to assess the
23 return on the state's investment in research conducted by
24 public postsecondary education institutions.
25 (c) Explore national, state, and local emerging
26 issues.
27 (d) Identify successful and innovative educational
28 programs.
29 (e) Prepare and submit for approval to the
30 Commissioner of Education and the Florida Board of Education a
31 long-range master plan for the seamless K-20 education system,
14
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1 and review and report annually on the plan's implementation,
2 success, and recommended revision.
3 (f) Conduct selected program evaluations upon request
4 of the Legislature or the Florida Board of Education.
5 Section 5. Section 229.004, Florida Statutes, is
6 amended to read:
7 229.004 Florida Board of Education.--
8 (1)(a) In accordance with the implementation process
9 in s. 229.0072 Effective January 7, 2003, the Florida Board of
10 Education is established as a body corporate. The board shall
11 be a part-time citizen board consisting of seven members
12 appointed by the Governor to staggered 4-year terms, subject
13 to confirmation by the Senate, provided, however, that Senate
14 confirmation is not required for the members of the Florida
15 Board of Education to perform the duties as prescribed in this
16 education governance reorganization implementation act.
17 Members of the board shall serve without compensation, but
18 shall be entitled to reimbursement of travel and per diem
19 expenses in accordance with s. 112.061. Members may be
20 reappointed by the Governor for additional terms.
21 (b) The Florida Board of Education shall have a
22 chairperson who shall be appointed by the Governor.
23 (2) The primary duties of the board shall be to
24 establish education goals and objectives consistent with the
25 policies and guiding principles of s. 229.002 and the mission
26 and goals of s. 229.007 and, together with the Commissioner of
27 Education, to oversee the implementation of and enforce
28 compliance with the education policies established by the
29 Legislature. The board, and the commissioner, shall establish,
30 operate, and maintain optimal efficiency of an Office of the
31
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1 Board of Education in accordance with the guidelines of ss.
2 229.0061 and 229.0073.
3 (3) In performing its duties, the board, together with
4 the Commissioner of Education, shall:
5 (a) Ensure accountability and responsiveness to
6 Florida's citizens, including the establishment of a Citizen
7 Information Center that utilizes quick response and
8 customer-friendly methodologies.
9 (b) Establish and aggressively enforce efficient and
10 effective performance management objectives.
11 (c) Maximize the effectiveness of local, state, and
12 federal education linkages and funds.
13 (d) Recommend one budget or a coordinated budget based
14 on consistent policies for a seamless kindergarten through
15 graduate school education.
16 (e) Adopt cohesive rules, within statutory authority,
17 for education systemwide issues and ensure that rules adopted
18 for the various education delivery systems are compatible.
19 (f) Ensure articulation and coordination within and
20 across the entire education delivery system.
21 (g) Provide ongoing public information regarding
22 performance results for the entire kindergarten through
23 graduate school education system and each of its components.
24 (4) The board, with the Commissioner of Education,
25 shall be responsible for:
26 (a) The work of with the Chancellor of Public Schools
27 K-12 Education to establish, and maintain optimal efficiency
28 of, a Division an Office of Public Schools, within the
29 guidelines of ss. 229.0061 and 229.0073, and to achieve the
30 mission and goals of s. 229.007 K-12 Education.
31
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1 (b) The work of with the Chancellor of Colleges and
2 State Universities to establish, and maintain optimal
3 efficiency of, a Division an Office of Colleges and State
4 Universities, within the guidelines of ss. 229.0061 and
5 229.0073, and to achieve the mission and goals of s. 229.007.
6 (c) The work of with the Chancellor of Community
7 Colleges and Career Preparation to establish, and maintain
8 optimal efficiency of, a Division an Office of Community
9 Colleges and Career Preparation, within the guidelines of ss.
10 229.0061 and 229.0073, and to achieve the mission and goals of
11 s. 229.007.
12 (d) The work of with the Executive Director of
13 Independent Nonpublic and Nontraditional Education to
14 establish, and maintain optimal efficiency of, a Division an
15 Office of Independent Nonpublic and Nontraditional Education
16 Services, within the guidelines of ss. 229.0061 and 229.0073,
17 and to achieve the mission and goals of s. 229.007.
18 Section 6. Section 229.005, Florida Statutes, is
19 amended to read:
20 229.005 Florida education governance officers.--
21 (1) COMMISSIONER OF EDUCATION.--The Commissioner of
22 Education shall work with the Florida Board of Education and
23 oversee the other education governance officers to focus be
24 appointed by the Board of Education from candidates of
25 national caliber and respected and proven organizational
26 leadership with established experience in administering
27 broad-based policy. The commissioner shall be a person who is
28 eminently capable of focusing the entire kindergarten through
29 graduate school education system on accomplishing to
30 accomplish the policies and guiding principles of s. 229.002
31 and achieving the mission and goals of s. 229.007. The
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1 commissioner shall have the ability to successfully provide
2 education policy and planning direction, program development,
3 performance management, and funding allocation recommendations
4 across the spectrum of kindergarten through graduate school
5 education. The commissioner shall serve as secretary of the
6 Florida Board of Education and as chief executive officer of
7 the seamless K-20 education system., and the ability to
8 achieve and safeguard the will of the people of Florida as
9 expressed in s. 1, Art. IX of the Florida Constitution, that
10 "adequate provision shall be made by law for a uniform,
11 efficient, safe, secure, and high quality system of free
12 public schools that allows students to obtain a high quality
13 education and for the establishment, maintenance, and
14 operation of institutions of higher learning and other public
15 education programs that the needs of the people may require."
16 (2) CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The
17 Chancellor of Public Schools K-12 Education shall be appointed
18 by the Commissioner of Education based on his or her ability
19 to work as a division vice president of the seamless K-20
20 education system with the Florida Board of Education and the
21 other education governance officers to comply with the
22 policies and guiding principles of s. 229.002, to achieve the
23 mission and goals of s. 229.007, to enhance the quality of
24 public K-12 education in Florida, and to maximize the equity
25 of public K-12 education in Florida by moving the focus to the
26 school site and the individual student., and to achieve and
27 safeguard the will of the people of Florida as expressed in s.
28 1, Art. IX of the Florida Constitution, that "adequate
29 provision shall be made by law for a uniform, efficient, safe,
30 secure, and high quality system of free public schools that
31 allows students to obtain a high quality education. . . ."
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1 (3) CHANCELLOR OF COLLEGES AND STATE
2 UNIVERSITIES.--The Chancellor of Colleges and State
3 Universities shall be appointed by the Commissioner of
4 Education based on his or her ability to work as a division
5 vice president of the seamless K-20 education system with the
6 Florida Board of Education and the other education governance
7 officers to comply with the policies and guiding principles of
8 s. 229.002, to achieve the mission and goals of s. 229.007, to
9 enhance the national reputation and quality of education and
10 educational research in Florida's colleges and state
11 universities, and to work directly with each of the college
12 and state university presidents and boards of trustees in
13 focusing on the education and educational research needs of
14 the individual college or university and its students.
15 (4) CHANCELLOR OF COMMUNITY COLLEGES AND CAREER
16 PREPARATION.--The Chancellor of Community Colleges and Career
17 Preparation shall be appointed by the Commissioner of
18 Education based on his or her ability to work as a division
19 vice president of the seamless K-20 education system with the
20 Florida Board of Education and the other education governance
21 officers to comply with the policies and guiding principles of
22 s. 229.002, to achieve the mission and goals of s. 229.007, to
23 enhance the quality of education in Florida's community
24 colleges, and to work directly with each of the community
25 college presidents and boards of trustees in focusing on the
26 education needs of the communities and students they serve.
27 (5) EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND
28 NONTRADITIONAL EDUCATION.--The Executive Director of
29 Independent Nonpublic and Nontraditional Education shall be
30 appointed by the Commissioner of Education based on his or her
31 ability to work as a division vice president of the seamless
19
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1 K-20 education system with the Florida Board of Education and
2 the other education governance officers to comply with the
3 policies and guiding principles of s. 229.002, to achieve the
4 mission and goals of s. 229.007, to enhance the quality and
5 expand the offerings and innovations of independent nonpublic
6 and nontraditional education in Florida, to establish
7 partnerships with independent nonpublic education providers at
8 all levels to achieve these goals, and to work directly with
9 the Board of Trustees of the Florida Virtual On-Line High
10 School and with Florida's private school associations, home
11 education associations, independent nonpublic career education
12 institutions, and independent colleges and universities to
13 maximize educational choice and enhance the options,
14 educational alternatives, and student-focused delivery for
15 their students.
16 Section 7. Subsections (1), (4), (5), (6), and (7) of
17 section 229.006, Florida Statutes, are amended to read:
18 229.006 Education Governance Reorganization Transition
19 Task Force.--
20 (1) In order to accomplish a smooth transition on
21 January 7, 2003, from the elected State Board of Education to
22 the appointed Florida Board of Education, there shall be
23 established the Education Governance Reorganization Transition
24 Task Force. All members of the task force shall be appointed
25 as soon as feasible but not later than October 1, 2000. The
26 task force shall be comprised of:
27 (a) Five members appointed by the Governor;
28 (b) Three members appointed by the President of the
29 Senate; and
30 (c) Three members appointed by the Speaker of the
31 House of Representatives.
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1
2 The transition task force shall be charged with the duty to
3 identify issues, conduct research, develop the necessary
4 procedural and substantive framework, and make recommendations
5 to the Legislature for an orderly 3-year phase-in for a
6 seamless education continuum and a single or coordinated
7 kindergarten through graduate school budget in accordance with
8 the policies and guiding principles of s. 229.002, so that the
9 Florida Board of Education may immediately begin its work on
10 January 7, 2003, with maximum effectiveness.
11 (4) Upon completion of its recommendations to the
12 Legislature by March 1, 2001, the transition task force shall
13 redirect its focus to provide guidance and monitoring of the
14 implementation process pursuant to s. 229.0072 as recommended
15 by the task force, and to regularly report to the Governor,
16 the Legislature, and the public on the progress of the
17 reorganization implementation process. If any implementation
18 activity is determined by a majority vote of the task force to
19 be inconsistent with the intent of this act, the chair of the
20 task force shall report such activity directly to the State
21 Board of Education. The reporting of such activity shall
22 automatically suspend any action relating to the disputed
23 activity. The State Board of Education shall act to resolve
24 the dispute. recommend to the Legislature:
25 (a) How best to achieve education system integration
26 by:
27 1. Combining appropriate education functions and
28 policies into or under the new Florida Board of Education.
29 2. Devolving the education delivery services and
30 operational decisions to the appropriate location of delivery
31 to students, specifically the schools, community colleges,
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1 colleges, universities, area technical centers, and other
2 education institutions or places where the students receive
3 their education.
4 3. Providing for a single or coordinated kindergarten
5 through graduate school education budget.
6 (b) How best to achieve economies in education
7 services, including recommendations concerning consolidation
8 of information systems and integrated performance and
9 financial accounting systems, while maximizing effectiveness
10 within existing resources and staff.
11 (c)1. Which, if any, current education staff functions
12 and resources should be eliminated, transferred, or realigned
13 within the proposed new education organizational structure.
14 2. A recommended salary structure for the Commissioner
15 of Education and for the chancellors.
16 (d) Whether an Office of Policy Research should be
17 established to explore emerging issues, locate successful and
18 innovative educational programs, and make recommendations to
19 the Governor, the Florida Board of Education, and the
20 Legislature and, if so, its mission, staffing, and location.
21 (e) The optimal mission of the Florida On-Line High
22 School and a methodology for the operation and funding of the
23 school to achieve that mission.
24 (f) The optimal location and structure of the Florida
25 Partnership for School Readiness.
26 (5) By March 1, 2002, the transition task force shall
27 recommend to the Legislature:
28 (a) Standards, definitions, and guidelines for
29 universities, colleges, community colleges, schools, and other
30 education institutions to ensure the quality of education,
31
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1 systemwide coordination, and efficient progress toward
2 attainment of their appropriate missions.
3 (b) Rules and procedures as necessary to be followed
4 by university boards of trustees, community college boards of
5 trustees, and other boards of trustees, as determined
6 appropriate, for recruitment and selection of presidents,
7 procedures for annual evaluations of presidents, and
8 procedures for interaction between presidents, the boards of
9 trustees, and the new Florida Board of Education.
10 (c) A systemwide strategic plan for postsecondary
11 institutions that considers the role, in their respective
12 communities, of each of the institutions.
13 (d) Methodologies for degree program approval,
14 establishment of matriculation and tuition fees, and
15 coordination of colleges' and universities' budget requests.
16 (e) Any additional statutory changes needed during the
17 2002 legislative session to complete the education governance
18 reorganization transition.
19 (6) By March 1, 2003, the transition task force shall
20 recommend to the Legislature:
21 (a) Statutory changes necessary to accomplish the
22 policies and guiding principles of s. 229.002, including, but
23 not limited to, statutory changes necessitated by the repeal
24 and review provisions of subsection 3(8) of this act.
25 (b) Rulemaking authority for the new Florida Board of
26 Education and a plan and timetable for transition or
27 coordination of existing education sector agency rules and
28 rulemaking authority recommendations, if any, for education
29 agencies.
30 (c) Waiver authority, if any, for the Commissioner of
31 Education or the Florida Board of Education.
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1 (5)(7) By March May 1, 2003, the transition task force
2 shall have completed its duties and shall make its final
3 report to the Governor, the Florida Board of Education, the
4 Commissioner of Education, the President of the Senate, the
5 Speaker of the House of Representatives, and the minority
6 leaders of each chamber. The final report shall include, but
7 is not limited to:
8 (a) A summary of the work and recommendations of the
9 task force and the status of full implementation of the K-20
10 education system.
11 (b) The status of all pending and completed actions on
12 orders and rules, all enforcement matters, and all
13 delegations, interagency agreements, and contracts with
14 federal, state, regional, and local governments and private
15 entities.
16 (c) Identification of any remaining or potential
17 duplication in the administration of state education laws and
18 rules, with specific recommendations to eliminate such
19 duplication and promote more efficient administration.
20 Section 8. Section 229.0061, Florida Statutes, is
21 created to read:
22 229.0061 Florida's K-20 education system; guidelines
23 for implementation; guidelines for structure, functions, and
24 organization.--
25 (1) GUIDELINES FOR IMPLEMENTATION.--
26 (a) Florida's seamless K-20 education system shall be
27 a decentralized system in which as many commissions, boards,
28 councils, and excess layers of bureaucracy as possible are
29 eliminated.
30 (b) Florida's K-20 education system shall rely on a
31 single entity, the Florida Board of Education, as its single
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1 strategic voice. If the board desires assistance on matters of
2 policy research or other issues, the board shall be authorized
3 to appoint a committee or committees to assist it on any and
4 all issues within the K-20 education system on an ad hoc
5 basis.
6 (c) Members of the Florida Board of Education and the
7 state university boards of trustees shall focus on high-level
8 policy decisions.
9 (d) It is essential to the success of Florida's
10 seamless K-20 education system to have a fully operational
11 systemwide technology plan based on a common set of data
12 definitions.
13 (2) GUIDELINES FOR STRUCTURE, FUNCTIONS, AND
14 ORGANIZATION.--
15 (a) Roles of the Legislature, the Florida Board of
16 Education, the education governance officers, and the
17 institutional boards of trustees and school boards.--The
18 Legislature shall enact education laws and policies and shall
19 appropriate and allocate education resources. The Florida
20 Board of Education shall enforce all laws, rules, and
21 guidelines and shall timely provide direction, resources,
22 assistance, intervention when needed, and strong incentives
23 and disincentives to force accountability for results. In
24 terms of major areas of responsibility, the Legislature, the
25 Florida Board of Education, the education governance officers,
26 and the institutional boards of trustees and school boards
27 shall each perform essential constituent roles.
28 (b) Florida Board of Education.--The Florida Board of
29 Education shall serve as the body corporate for Florida's
30 seamless K-20 education system; implement the systemwide
31 education vision; and, together with the commissioner,
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1 chancellors, and executive director, oversee the success of
2 that vision. The Florida Board of Education shall:
3 1. Enforce systemwide education policies and goals.
4 2. Recommend annually the systemwide education budget
5 and authorize the allocation of resources in accordance with
6 law and rule. Any program recommended by the Florida Board of
7 Education which requires state funding for more than 1 year
8 must be presented in a multi-year budget plan.
9 3. Adopt long-term and short-term education plans.
10 4. Enforce education accountability standards and
11 measures of all components of the K-20 education system.
12 5. Accurately and continuously assess data and monitor
13 and report performance.
14 6. Provide high-quality assistance and intervention
15 when and where needed.
16 7. Provide timely and accurate information on all
17 public and independent education services.
18 8. Establish the missions of the individual public
19 universities.
20 (c) Commissioner of Education.--The Commissioner of
21 Education shall serve as secretary and executive director of
22 the Florida Board of Education and as chief executive officer
23 of Florida's seamless K-20 education system. The commissioner
24 shall propose action on all issues that come before the board
25 and be responsible for enforcing compliance with the mission
26 and goals of the seamless K-20 education system by all
27 education delivery sectors. The commissioner's office shall
28 operate all statewide functions necessary to support the
29 seamless K-20 education system, including the following areas:
30 1. Legal.
31
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1 2. Communications, including a Citizen Information
2 Center that provides quick response and uses customer-friendly
3 methods.
4 3. Strategic planning and budget development.
5 4. General administration.
6 5. Assessment and accountability.
7 6. Data management, education technology, and an
8 education data warehouse.
9 7. Access and opportunity, including student financial
10 assistance.
11 8. Policy research and development, except the
12 Education K-20 Policy and Research Commission.
13 9. Florida Board of Education personnel.
14 10. Workforce and economic development.
15 11. Educational facilities.
16 12. Inspector General.
17 (d) Chancellors and executive director.--The
18 chancellors of the public schools, community colleges, and
19 colleges and universities divisions and the Executive Director
20 of the Division of Independent Education shall serve the
21 Florida Board of Education and the Commissioner of Education
22 in the role of division vice presidents of the K-20 education
23 system and as governance officers and critical members of the
24 state-level education leadership team. They shall each be held
25 responsible for providing leadership, administering programs,
26 resolving disputes, providing technical assistance, and timely
27 recommending action plans to the commissioner for sanctions or
28 intervention when needed, as well as making recommendations to
29 the board and the commissioner for strategic planning and
30 budget development for their respective education delivery
31 sectors. They shall support the governing policies and
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1 responsibilities of the board and the commissioner and bear
2 primary responsibility for the achievement of the mission and
3 goals of the K-20 education system by their education delivery
4 sectors, as applicable to their sectors. They shall reinforce
5 the policies and principles of the seamless K-20 education
6 system in every venue and at every opportunity, and work
7 together to facilitate horizontal communications and
8 interactions between the education delivery sectors.
9 Specifically, as applicable, each education governance officer
10 shall:
11 1. Serve as the head of the division.
12 2. Supervise all employees and work of the division.
13 3. Properly and timely inform education institutions
14 and the public as to legislative action, including funding,
15 grant opportunities, and substantive policy changes affecting
16 the division.
17 4. Direct the review of expenditures of public funds
18 in accordance with legislative intent.
19 5. Evaluate the performance of each education
20 institution under the division and report performance results
21 to the public, the Legislature, the Commissioner of Education,
22 the Florida Board of Education, and the institution and its
23 governing board.
24 6. Direct institutional governing boards to take
25 corrective action to improve unsatisfactory performance
26 pursuant to law and rules of the Florida Board of Education.
27 7. Direct and oversee the development of the
28 division's accountability system and recommend changes to the
29 Commissioner of Education and the Florida Board of Education.
30
31
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1 8. Direct the division's activities in order to
2 coordinate with other divisions to provide a seamless
3 education system.
4 9. Direct the provision of state services to
5 institutions under the division.
6 10. Direct the development of the division's
7 legislative budget request and work cooperatively with the
8 commissioner and other governance officers to develop a
9 unified budget request.
10 11. Serve as the primary point of contact and
11 communication for the division.
12 (e) Institutional boards of trustees and school
13 boards.--Each institutional board of trustees and school board
14 shall:
15 1. Provide strategic planning and budget development
16 for their institution or school district.
17 2. Implement and maintain high-quality education
18 programs within law and rules of the Florida Board of
19 Education.
20 3. Measure and enforce performance.
21 4. Provide timely and accurate reporting of
22 information.
23 5. Provide direct input on education issues to the
24 education governance officers.
25 6. Have broad latitude within law and rules of the
26 Florida Board of Education in developing local policies and
27 local programs to meet the needs of their students, their
28 communities, and area employers.
29 7. Hold presidents and appointed superintendents
30 responsible for institution and school performance.
31
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1 8. Be responsible for the fiscal accountability of
2 their institution or school district.
3 9. Be responsible for compliance with all laws, rules
4 of the Florida Board of Education, and performance
5 accountability requirements.
6 (f) Presidents and superintendents.--Each
7 institutional president and school district superintendent
8 shall:
9 1. Be responsible for efficient and effective budget
10 and program administration.
11 2. Provide strong leadership to accomplish their
12 education missions and goals.
13 3. Closely monitor education performance.
14 4. Provide timely and accurate financial and
15 performance data.
16 5. Link instructional staff evaluations to student
17 performance.
18 (g) Ad hoc advisory committees.--Advisory bodies shall
19 be appointed on an ad hoc basis by the Florida Board of
20 Education to serve the board, commissioner, and chancellors
21 when and as needed by studying and recommending action on
22 major issues that affect the direction and quality of
23 education, providing public forums for debate, and
24 safeguarding a coordinated systemwide approach to education
25 policy decisions.
26 Section 9. Section 229.007, Florida Statutes, is
27 created to read:
28 229.007 Florida's K-20 education performance
29 accountability system; legislative intent; mission, goals, and
30 systemwide measures.--
31
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1 (1) LEGISLATIVE INTENT.--It is the intent of the
2 Legislature that:
3 (a) The performance accountability system implemented
4 to assess the effectiveness of Florida's seamless K-20
5 education delivery system provide answers to the following
6 questions in relation to its mission and goals:
7 1. What is the public getting in return for funds it
8 invests in education?
9 2. How is Florida's K-20 education system performing
10 in terms of educating its students?
11 3. How are the major delivery sectors performing to
12 promote student achievement?
13 4. How are individual schools and postsecondary
14 education institutions performing their responsibility to
15 educate their students as measured by how students are
16 performing and how much they are learning?
17 (b) The Florida Board of Education recommend to the
18 Legislature systemwide performance standards; the Legislature
19 establish systemwide performance measures and standards; and
20 the systemwide measures and standards provide Floridians with
21 information on what the public is getting in return for the
22 funds it invests in education and how well the K-20 system
23 educates its students.
24 (c) The Florida Board of Education establish
25 performance measures and set performance standards for
26 individual components of the system, including individual
27 schools and postsecondary education institutions, which
28 measures and standards are based primarily on student
29 achievement.
30 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The
31 mission of Florida's K-20 education system, when it becomes
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1 fully operational, shall be to increase the proficiency of all
2 students within one seamless, efficient system, by providing
3 them with the opportunity to expand their knowledge and skills
4 through learning opportunities and research valued by
5 students, parents, and communities, and to maintain an
6 accountability system that measures student progress toward
7 the following goals:
8 (a) Highest student achievement, as measured by:
9 student FCAT performance and annual learning gains; the number
10 and percentage of schools that improve at least one school
11 performance grade designation or maintain a school performance
12 grade designation of "A" pursuant to s. 229.57; graduation or
13 completion rates at all learning levels; and other measures
14 identified in law or rule.
15 (b) Seamless articulation and maximum access, as
16 measured by: the percentage of students who demonstrate
17 readiness for the educational level they are entering, from
18 kindergarten through postsecondary education and into the
19 workforce; the number and percentage of students needing
20 remediation; the percentage of Floridians who complete
21 associate, baccalaureate, professional, and postgraduate
22 degrees; the number and percentage of credits that articulate;
23 the extent to which each set of exit-point requirements
24 matches the next set of entrance-point requirements; and other
25 measures identified in law or rule.
26 (c) Skilled workforce and economic development, as
27 measured by: the number and percentage of graduates employed
28 in their areas of preparation; the percentage of Floridians
29 with high school diplomas and postsecondary education
30 credentials; the percentage of business and community members
31
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1 who find that Florida's graduates possess the skills they
2 need; and other measures identified in law or rule.
3 (d) Quality efficient services, as measured by: cost
4 per completer or graduate; average cost per noncompleter at
5 each educational level; cost disparity across institutions
6 offering the same degrees; the percentage of education
7 customers at each educational level who are satisfied with the
8 education provided; and other measures identified in law or
9 rule.
10 Section 10. Section 229.0072, Florida Statutes, is
11 created to read:
12 229.0072 Reorganization implementation process.--In
13 order to best achieve the legislative purpose of the Florida
14 Education Governance Reorganization Implementation Act:
15 (1) The Governor shall appoint the members of the
16 boards of trustees of the state universities in accordance
17 with section 229.008, Florida Statutes.
18 (2) Effective July 1, 2001, the Governor shall appoint
19 a seven-member Florida Board of Education. The Florida Board
20 of Education shall be housed within, and operate under the
21 direction of, the State Board of Education.
22 (3) The Florida Board of Education shall establish a
23 detailed procedure for the implementation of a systemwide K-20
24 technology plan which includes a month-by-month timeline with
25 monthly progress reports to the board.
26 (4) Subject to review and approval of the State Board
27 of Education, the Florida Board of Education shall:
28 (a) Adopt rules pursuant to ss. 120.536(1) and 120.54
29 to implement provisions of law conferring duties upon it. The
30 rules shall be submitted to the State Board of Education. If
31 any rule is not disapproved by the State Board of Education
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1 within 45 days after its receipt, the rule shall be filed
2 immediately with the Department of State.
3 (b) Prepare and submit a unified K-20 education budget
4 to the Governor and Legislature.
5 (c) Establish a work plan and timeline for the orderly
6 implementation of the transition, including a fully detailed
7 plan and timeline for the devolution of duties, as
8 appropriate, to the university boards of trustees.
9 (d) Establish accountability standards for existing
10 legislative performance goals, standards, and measures, and
11 order the development of mechanisms to implement new
12 legislative goals, standards, and measures.
13 (e) Supervise the coordination of institutions and
14 delivery sectors.
15 (f) Establish policies for university and community
16 college boards of trustees to follow in selecting presidents.
17 (g) Approve plans and reports, and take other
18 necessary actions pertaining to the supervision of education.
19 (h) Effectuate the timely implementation of the
20 seamless K-20 education system.
21 (i) Establish advisory boards to provide the support
22 needed to address issues such as public education facilities
23 planning; student issues; instructional issues; distance
24 learning and technology; academic quality, freedom, and
25 responsibility; and research.
26 (j) Develop and review recommendations on issues of
27 statewide importance, such as technology systems and
28 facilities.
29 (k) Adopt criteria and implementation plans for future
30 growth issues, such as new colleges and universities and
31
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1 campus mergers; and provide for cooperative agreements between
2 and within public and private education sectors.
3 (l) Advise the State Board of Education regarding the
4 issuance of bonds.
5 (m) Appoint advisory bodies, as necessary, on an ad
6 hoc basis.
7 (n) Develop and recommend to the Education Governance
8 Reorganization Transition Task Force, the Governor, the
9 Commissioner of Education, and the Legislature, no later than
10 January 1, 2002, for adoption during 2002, a clear, concise
11 new School Code, comprised of the revision of chapters
12 228-246, Florida Statutes, to accomplish the implementation,
13 administration, and operation of Florida's seamless K-20
14 education system in accordance with the guidelines included in
15 s. 229.0061.
16 (5) Effective July 1, 2001, the Commissioner of
17 Education shall:
18 (a) Work with the Florida Board of Education to
19 achieve full implementation of the seamless K-20 education
20 system.
21 (b) Commence reorganization of the Department of
22 Education as a state agency of the Governor in accordance with
23 legislative guidelines pursuant to s. 229.0073, the
24 requirements of s. 229.003(5), and requests of the Florida
25 Board of Education as approved by the State Board of
26 Education.
27 (c) As a member of the State Board of Education,
28 determine the agenda for the Florida Board of Education and
29 provide the Florida Board of Education and the State Board of
30 Education the full support of the reorganized Department of
31 Education.
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1 Section 11. Section 229.0073, Florida Statutes, is
2 created to read:
3 229.0073 Reorganization of the Department of
4 Education.--Effective July 1, 2001, notwithstanding the
5 provisions of s. 20.15, the Commissioner of Education shall
6 work with the Florida Board of Education, subject to the
7 approval of the State Board of Education and the oversight of
8 the Legislature and the Education Governance Reorganization
9 Transition Task Force, to reorganize the Department of
10 Education in accordance with this part. The reorganization
11 shall:
12 (1) Eliminate duplication across divisions; achieve
13 greater efficiencies in financial and human resources and
14 education services; and identify functions, resources, and
15 services that should be eliminated, transferred, or realigned.
16 (2) Include a review and assessment of all bureaus,
17 offices, divisions, and functions of the department
18 reorganized pursuant to this section.
19 (3) Establish an Office of the Commissioner of
20 Education that includes the general areas of operation that
21 are common to all delivery sectors, such as administration,
22 communication, legal services, financial aid, and government
23 and public relations, in order to increase efficiency, improve
24 service delivery to students, and fully support the
25 operational needs of the Florida Board of Education.
26 (4) Establish the following divisions within the
27 department:
28 (a) Division of Public Schools (K-12).--The state's
29 public elementary, middle, junior high, and high schools, as
30 well as combination schools, charter schools, district magnet
31 programs, and area technical centers.
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1 (b) Division of Community Colleges.--The state's 28
2 public community colleges.
3 (c) Division of Colleges and Universities.--The
4 state's public universities and colleges and the 4-year
5 independent colleges and universities which are located in and
6 chartered by the state, are accredited by the Commission on
7 Colleges of the Southern Association of Colleges and Schools,
8 and grant baccalaureate degrees, to enable more effective
9 articulation between these public and private institutions.
10 The division chancellor shall administer those provisions of
11 chapter 246 that apply to the independent colleges and
12 universities within the division and shall establish a liaison
13 responsible for partnerships that enhance articulation between
14 and communication with Florida's 4-year independent colleges
15 and universities.
16 (d) Division of Independent Education.--The
17 independent education providers within the state, including
18 home education programs, private K-12 institutions,
19 independent colleges and universities, except those identified
20 under paragraph (c), and private postsecondary career
21 preparation and vocational training institutions.
22 1. The division shall be under an executive director
23 and shall house a new commission, appointed by the Governor,
24 to oversee licensing of independent postsecondary
25 institutions, consumer protection, and program improvement.
26 The commission shall have the powers and duties of the State
27 Board of Independent Colleges and Universities specified in
28 chapter 246, except the powers and duties relating to those
29 institutions identified under paragraph (c), and of the State
30 Board of Nonpublic Career Education.
31
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1 2. The division shall serve as the advocate for and
2 liaison to the independent education providers identified in
3 this paragraph.
4 3. The executive director of the division shall
5 establish a mechanism for regular interaction and input from
6 independent education providers in the development of policies
7 that provide seamless articulation for all students.
8 4. The division shall afford students and parents
9 educational options apart from the public K-20 system.
10 (5) Establish the following offices within the Office
11 of the Commissioner of Education which shall coordinate their
12 activities with all other divisions and offices:
13 (a) Office of Technology and Information
14 Services.--The office shall be responsible for developing a
15 systemwide technology plan, making budget recommendations to
16 the commissioner, providing data collection and management for
17 the system, and coordinating services with other state, local,
18 and private agencies. The office shall develop a method to
19 address the need for a statewide approach to planning and
20 operations of library and information services to achieve a
21 single K-20 education system library information portal and a
22 unified higher education library management system. The
23 Florida Virtual High School shall be administratively housed
24 within the office.
25 (b) Office of Workforce and Economic Development.--The
26 office shall evaluate the role of each sector of education in
27 Florida's workforce and economic development, assess the
28 specific work skills and variety of careers provided, and
29 report to the Florida Board of Education the effectiveness of
30 each sector.
31
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1 (c) Office of Educational Facilities.--The office
2 shall validate all educational plant surveys, approve school
3 sites in accordance with rules of the Florida Board of
4 Education, and verify Florida Inventory of School Houses data.
5 The office shall work cooperatively with the SMART Schools
6 Clearinghouse to coordinate efforts to accomplish school
7 district educational facilities plans.
8 (6) Establish a K-20 education leadership team,
9 including, but not limited to, the education governance
10 officers. The leadership team shall be responsible for
11 systemwide horizontal and vertical communication, and
12 assisting the achievement of the seamless K-20 education
13 system.
14 Section 12. Section 229.0074, Florida Statutes, is
15 created to read:
16 229.0074 Division of Independent Education.--
17 (1) The mission of the Division of Independent
18 Education is to enhance the opportunity to raise the
19 educational attainment levels of students pursuing their
20 education in nongovernment settings by representing their
21 interests, and those of the institutions that serve them, in
22 the Department of Education. The Division of Independent
23 Education has no authority over the institutions or students
24 in Florida's independent education sector, other than those
25 specified in chapter 246 relating to independent postsecondary
26 education. The division shall serve as the advocate for, and
27 liaison to, independent education providers and institutions,
28 including home education programs, private K-12 institutions,
29 independent colleges and universities except as otherwise
30 provided in s. 229.0073(4)(c), and private postsecondary
31 career preparation/vocational training institutions.
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1 (2) The executive director of the division shall
2 establish a mechanism for regular interaction and input from
3 independent education providers in the development of policies
4 that provide seamless articulation for all students. The
5 executive director shall:
6 (a) Learn the interests and concerns of the students
7 and providers of independent education at all levels in order
8 to strongly represent them in the Department of Education.
9 (b) Articulate the interests and concerns of the
10 students and providers of independent education at all levels
11 in all relevant government settings, accurately reflecting the
12 consensus or differences in opinion among those represented.
13 (c) Participate with the other division heads in key
14 education decisionmaking processes.
15 (d) Monitor and participate in rulemaking and other
16 activities relevant to the interests of the independent
17 education sector.
18 (e) Serve as a key spokesperson for the independent
19 education sector.
20 (f) Advocate for any necessary educational services
21 and funds for independent education sector families and
22 schools.
23 (g) Establish a clearinghouse of information.
24 (h) Foster a collaborative spirit and working
25 relationship among the institutions of the private and public
26 sectors.
27 (i) Identify and convey the best practices of the
28 independent education sector for the benefit of the other
29 education delivery sectors, and vice versa.
30
31
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1 (j) Augment, where appropriate, the efforts of groups
2 representing the students and providers of independent
3 education to communicate their concerns to government.
4 (k) Facilitate the administration of education
5 services provided by the Department of Education to the
6 independent education sector, such as those relating to
7 teacher certification and background checks.
8 (l) Encourage student-centered funding and the
9 expansion of family choice in education.
10 (m) Develop and propose courses of action to the
11 representatives of the independent education sector.
12 (n) Communicate relevant decisions to the independent
13 education sector.
14 (o) Establish and oversee the division staff necessary
15 to carry out the division's functions in the most economical
16 and effective manner.
17 (p) Evaluate pending policies to ensure they do not
18 place unnecessary regulation or mandates on the independent
19 education community.
20 (3) The powers and duties of the State Board of
21 Independent Colleges and Universities and the State Board of
22 Nonpublic Career Education, except as relating to any
23 independent nonprofit college or university which is located
24 in and chartered by the state, is accredited by the Commission
25 on Colleges of the Southern Association of Colleges and
26 Schools, and grants baccalaureate degrees, shall be combined
27 and transferred to a single board named the Commission for
28 Independent Education, which shall be administratively housed
29 within the division. This single board shall authorize
30 granting of certificates, diplomas, and degrees for
31
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1 independent postsecondary education institutions through
2 exemption, registration authorization, and licensing.
3 (4) The establishment of the Division of Independent
4 Education shall not be construed to advance the extension or
5 expansion of government regulation on independent or home
6 education programs.
7 Section 13. Section 229.008, Florida Statutes, is
8 created to read:
9 229.008 Boards of trustees of the state
10 universities.--
11 (1)(a) Effective July 1, 2001, and no later than
12 November 1, 2001, the Governor shall appoint an 11-member
13 board of trustees for each university in the State University
14 System. In addition, each student body president shall serve
15 as an ex officio nonvoting member of his or her university
16 board of trustees. Members of the boards of trustees shall
17 receive no compensation but may be reimbursed for travel and
18 per diem expenses as provided in s. 112.061.
19 (b) The Governor may remove a trustee upon the
20 recommendation of the Florida Board of Education or for cause.
21 (2) There is no state residency requirement for
22 university board members, except that the Board of Trustees of
23 the University of South Florida must have at least one member,
24 but not more than two members, who are residents of Pinellas
25 County, and at least one member, but not more than two
26 members, who are residents of Hillsborough County.
27 (3) Each board of trustees shall be a public body
28 corporate by the name of "The (name of university) Board of
29 Trustees," with all the powers of a body corporate, including
30 a corporate seal, the power to contract and be contracted
31 with, to sue and be sued, to plead and be impleaded in all
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1 courts of law or equity, and to give and receive donations. In
2 all suits against a board of trustees, service of process
3 shall be made on the chair of the board or, in the absence of
4 the chair, on the corporate secretary or designee.
5 (4) Boards of trustees' members shall be appointed for
6 staggered 4-year terms, and may be reappointed for additional
7 terms not to exceed 8 years of service.
8 (5) Each board of trustees shall select its chair and
9 vice chair from the appointed members at its first regular
10 meeting after July 1. The chair shall serve for 4 years and
11 may be asked to serve a second 4-year term. The duties of the
12 chair shall include presiding at all meetings of the board,
13 calling special meetings of the board, attesting to actions of
14 the board, and notifying the Governor in writing whenever a
15 board member fails to attend three consecutive regular board
16 meetings in any fiscal year, which failure may be grounds for
17 removal. The duty of the vice chair is to act as chair during
18 the absence or disability of the chair.
19 (6) The university president shall serve as executive
20 officer and corporate secretary of the board of trustees and
21 shall be responsible to the board for all operations of the
22 university and for setting the agenda for meetings of the
23 board in consultation with the chair.
24 (7) Upon appointment, each board of trustees shall
25 commence professional orientation, training, and board
26 development activities, and shall begin setting direction for
27 its university in keeping with accountability and performance
28 expectations of the seamless K-20 education system. Each board
29 of trustees shall submit to the Florida Board of Education
30 action plans and timelines for devolution of duties and
31 responsibilities to the board of trustees.
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1 (8) The boards of trustees shall be responsible for
2 cost-effective policy decisions appropriate to the
3 university's mission, the implementation and maintenance of
4 high-quality education programs within law and rules of the
5 Florida Board of Education, the measurement of performance,
6 the reporting of information, and the provision of input
7 regarding state policy, budgeting, and education standards.
8 Section 14. Section 229.0081, Florida Statutes, is
9 created to read:
10 229.0081 Powers and duties of university boards of
11 trustees.--
12 (1) Notwithstanding the provisions of chapter 240,
13 each university board of trustees is vested with the authority
14 to govern and set policy for its university, as necessary to
15 provide proper governance and improvement of the university in
16 accordance with law and with rules of the Florida Board of
17 Education. Each board of trustees shall perform all duties
18 assigned by law or by rule of the Florida Board of Education
19 or the Commissioner of Education.
20 (2) Notwithstanding the provisions of chapter 240,
21 each university board of trustees may adopt rules and policies
22 consistent with the university mission, with law, and with
23 rule of the Florida Board of Education, including rules and
24 policies for the following:
25 (a) Selecting the president to serve at the pleasure
26 of the board and perform such duties as are assigned by the
27 board or otherwise provided by law or by rule.
28 (b) Fixing the compensation and other conditions of
29 employment of the president.
30 (c) Conducting periodic evaluations of the president,
31 submitting such evaluations to the Chancellor for review, and
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1 suspending or removing the president in accordance with
2 guidelines established by the Chancellor.
3 (d) Appointing a presidential search committee to make
4 recommendations to the full board of trustees, from which the
5 board shall select a candidate for reference to the Chancellor
6 and ratification by the Florida Board of Education.
7 (e) In consultation with the university president,
8 defining and developing a strategic plan for the university
9 for recommendation to the Chancellor, the Commissioner of
10 Education, and the Florida Board of Education, as provided by
11 law, specifying institutional goals and objectives.
12 (f) In consultation with the university president,
13 providing for academic freedom and academic responsibility at
14 the university.
15 (g) In consultation with the university president,
16 submitting an institutional budget request, including a
17 request for fixed capital outlay, to the Chancellor in
18 accordance with guidelines established by the Florida Board of
19 Education.
20 (h) Approving new, and terminating existing,
21 undergraduate and graduate degree programs up to and including
22 the master's degree level, based on criteria established by
23 the Florida Board of Education.
24 (i) Purchasing, acquiring, receiving, holding, owning,
25 managing, leasing, selling, disposing of, and conveying title
26 to real property, in accordance with rules and guidelines of
27 the Florida Board of Education.
28 (j) Entering into agreements for and accepting credit
29 card, charge card, and debit card payments as compensation for
30 goods, services, tuition, and fees.
31
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1 (k) Establishing codes of conduct and appropriate
2 penalties for violations of university rules by students and
3 student organizations, including rules governing student
4 academic honesty.
5 (l) Establishing a committee, at least one-half of the
6 members of which shall be students appointed by the student
7 body president, to periodically review and evaluate the
8 student judicial system.
9 (m) Administering the personnel program for all
10 employees of the university in accordance with law, including:
11 compensation and other conditions of employment, recruitment
12 and selection, nonreappointment, standards for performance and
13 conduct, evaluation, benefits and hours of work, recognition,
14 inventions and works, travel, learning opportunities, academic
15 freedom and responsibility, promotion, assignment, demotion,
16 transfer, tenure and permanent status, ethical obligations and
17 conflicts of interest, restrictive covenants, disciplinary
18 actions, complaints, appeals and grievance procedures, and
19 separation and termination from employment.
20 (n) Establishing and maintaining a personnel exchange
21 program.
22 (o) Governing admission of students subject to the
23 rules of the Florida Board of Education.
24 (p) Considering the past actions of any person
25 applying for admission, enrollment, or employment, and
26 establishing policies to deny admission, enrollment, or
27 employment to an applicant because of misconduct if determined
28 to be in the best interest of the university.
29 (q) Ensuring compliance with federal laws,
30 regulations, and requirements.
31
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1 (r) Using, maintaining, protecting, and controlling
2 university-owned or university-controlled buildings and
3 grounds, property and equipment, name, trademarks and other
4 proprietary marks, and the financial and other resources of
5 the university. Such authority may include placing
6 restrictions on activities and on access to facilities,
7 firearms, food, tobacco, alcoholic beverages, distribution of
8 printed materials, human subjects, animals, and sound.
9 (s) Assuring that any challenge grant program, to be
10 matched with state funds, is consistent with the mission of
11 each institution, as approved by the Florida Board of
12 Education pursuant to s. 299.0061. The board of trustees must
13 also approve state matching funds for private contributions
14 consistent with that mission.
15 (3) Each board of trustees shall actively implement a
16 plan, in accordance with guidelines of the Florida Board of
17 Education, for working on a regular basis with the other
18 university boards of trustees, representatives of the
19 community college boards of trustees, and representatives of
20 the district school boards, to achieve the goals of the
21 seamless education system.
22 (4) Notwithstanding the provisions of s. 216.262(1), a
23 state university board of trustees may authorize the rent or
24 lease of parking facilities, provided that such facilities are
25 funded through parking fees or parking fines imposed by a
26 university. A board of trustees may authorize a university to
27 charge fees for parking at such rented or leased parking
28 facilities.
29 (5) Effective July 1, 2002, within proviso in the
30 General Appropriations Act and law, each board of trustees
31 shall set university tuition and fees.
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1 (6) Effective July 1, 2002, each board of trustees
2 shall implement the university facilities plan in accordance
3 with law and guidelines of the Commissioner of Education's
4 Office of Educational Facilities.
5 (7) A board of trustees shall perform such other
6 duties as are provided by law or rule of the Florida Board of
7 Education.
8 Section 15. Section 229.0082, Florida Statutes, is
9 created to read:
10 229.0082 University presidents; powers and
11 duties.--The president is the chief executive officer of the
12 university, shall be corporate secretary of the state
13 university board of trustees, and is responsible for the
14 operation and administration of the university. Each
15 university president shall:
16 (1) Recommend the adoption of rules, as appropriate,
17 to the state university board of trustees to implement
18 provisions of law governing the operation and administration
19 of the university, which shall include the specific powers and
20 duties enumerated in this section. Such rules shall be
21 consistent with the mission of the university and the rules
22 and policies of the Florida Board of Education.
23 (2) Prepare a budget request and an operating budget
24 for approval by the university board of trustees.
25 (3) Establish and implement policies and procedures to
26 recruit, appoint, transfer, promote, compensate, evaluate,
27 reward, demote, discipline, and remove personnel, within law
28 and rules of the Florida Board of Education and in accordance
29 with rules or policies approved by the university board of
30 trustees.
31
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1 (4) Govern admissions, subject to law and rules or
2 policies of the university board of trustees and the Florida
3 Board of Education.
4 (5) Approve, execute, and administer contracts for and
5 on behalf of the university board of trustees for the
6 acquisition of commodities, goods, equipment, services, leases
7 of real and personal property, and planning and construction
8 to be rendered to or by the university, provided such
9 contracts are within law and guidelines of the Florida Board
10 of Education and in conformance with policies of the
11 university board of trustees, and are for the implementation
12 of approved programs of the university.
13 (6) Act for the university board of trustees as
14 custodian of all university property. The authority vested in
15 the university president under this subsection includes the
16 authority to prioritize the use of university space, property,
17 equipment, and resources and the authority to impose charges
18 for the use of those items.
19 (7) Establish the internal academic calendar of the
20 university within general guidelines of the Florida Board of
21 Education.
22 (8) Administer the university's program of
23 intercollegiate athletics.
24 (9) Recommend to the board of trustees the
25 establishment and termination of degree programs within the
26 approved role and scope of the university.
27 (10) Award degrees.
28 (11) Recommend to the board of trustees a schedule of
29 tuition and fees to be charged by the university, within law
30 and rules of the Florida Board of Education.
31
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1 (12) Organize the university to efficiently and
2 effectively achieve the goals of the university.
3 (13) Review periodically the operations of the
4 university in order to determine how effectively and
5 efficiently the university is being administered and whether
6 it is meeting the goals of its strategic plan adopted by the
7 Florida Board of Education.
8 (14) Enter into agreements for student exchange
9 programs which involve students at the university and students
10 in other institutions of higher learning.
11 (15) Approve the internal procedures of student
12 government organizations and provide purchasing, contracting,
13 and budgetary review processes for these organizations.
14 (16) Ensure compliance with federal and state laws,
15 regulations, and other requirements that are applicable to the
16 university.
17 (17) Maintain all data and information pertaining to
18 the operation of the university, and report on the attainment
19 by the university of institutional and statewide performance
20 accountability goals.
21 Section 16. Section 229.0083, Florida Statutes, is
22 created to read:
23 229.0083 School Readiness Act; legislative intent;
24 division of responsibilities.--
25 (1) The School Readiness Act, chapter 99-357, Laws of
26 Florida, created the Florida Partnership for School Readiness
27 to fulfill three major purposes: to administer school
28 readiness program services that help parents prepare at-risk
29 children for school; to coordinate the provision of school
30 readiness services on a full-day, full-year basis to the
31 extent possible in order to enable parents to work and be
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1 financially self-sufficient; and to establish a uniform
2 screening instrument to be implemented by the Department of
3 Education and administered by the school districts upon entry
4 into kindergarten to assess the readiness for school of all
5 children. Readiness for kindergarten is the outcome measure of
6 the success of the school readiness program.
7 (2) It is the intent of the Legislature that school
8 readiness services shall be an integrated and seamless system
9 of services with a developmentally appropriate education
10 component for the state's at-risk birth-to-kindergarten
11 population and shall not be construed as part of the seamless
12 K-20 education system until the administration of the uniform
13 screening system upon entry into kindergarten.
14 (3) The Legislature finds that, because of a variety
15 of factors, not all children come to school equally ready to
16 learn, and that in order to more effectively assess and
17 monitor programs designed to help prepare Florida's children
18 to attend school, educators and policymakers need more
19 objective information regarding the school readiness of
20 Florida's children. However, nothing contained in the School
21 Readiness Act, chapter 99-357, Laws of Florida, is intended
22 to:
23 (a) Relieve parents and guardians of their own
24 obligations to ready their children for school; or
25 (b) Create any obligation to provide publicly funded
26 pre-school programs or services beyond those authorized by the
27 Legislature.
28 (4) Notwithstanding any provision of law to the
29 contrary, the Florida Partnership for School Readiness shall
30 be assigned to the Agency for Workforce Innovation for
31 administrative purposes. The Agency for Workforce Innovation
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1 shall prepare a plan that provides for the distribution and
2 expenditure of all school readiness funds based upon a
3 performance funding formula. The plan shall be submitted to
4 the Governor and the Legislative Budget Commission. Upon
5 approval, the Legislative Budget Commission shall authorize
6 the transfer of funds to the Agency for Workforce Innovation
7 for distribution in accordance with the provisions of the
8 formula. The partnership shall:
9 (a) Coordinate the many services that at-risk children
10 from birth to age 5 are eligible to receive, and the
11 programmatic, administrative, and fiscal standards for all
12 school readiness programs.
13 (b) Continue to provide the unified leadership for
14 school readiness through the local school readiness
15 coalitions.
16 (c) Focus on improving the educational quality of all
17 publicly funded school readiness programs.
18 (5) The Department of Education shall implement the
19 uniform school readiness screening instrument recommended by
20 the partnership and incorporate school readiness data into the
21 K-20 data warehouse for longitudinal tracking. The department
22 shall provide the partnership with complete and full access to
23 kindergarten uniform screening data at the student, school,
24 district, and state levels in a format that will enable the
25 partnership to prepare reports needed by state policymakers
26 and local school readiness coalitions to assess progress
27 toward school readiness goals and provide input for continuous
28 improvement of local school readiness services and programs.
29 Section 17. Section 229.0084, Florida Statutes, is
30 created to read:
31
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1 229.0084 Legislative findings and intent.--It is the
2 finding of the Legislature that student achievement, from
3 kindergarten through graduate school, is dependent upon a
4 number of factors, including the quality of schools, the
5 quality of instruction, and the personal efforts and
6 responsibilities of the students and their parents. Nothing
7 contained in Florida law shall make the state or local school
8 districts the guarantors that students will fully avail
9 themselves of the opportunities provided them to attain high
10 academic achievement.
11 Section 18. Section 228.082, Florida Statutes, is
12 amended to read:
13 228.082 The Florida Virtual On-Line High School.--
14 (1)(a) The Florida Virtual On-Line High School is
15 established for the development and delivery of on-line and
16 distance learning education and shall be administratively
17 housed within the Commissioner of Education's Office of
18 Technology and Information Services. The Commissioner of
19 Education shall monitor the school's performance and report
20 its performance to the Florida Board of Education and the
21 Legislature.
22 (b) The mission of the Florida Virtual High School is
23 to provide students with high-quality technology-based
24 educational opportunities to gain the knowledge and skills
25 necessary to succeed in the 21st century. The school shall
26 serve primarily as an option for:
27 1. Students who need expanded access to courses in
28 order to meet their educational goals, such as home education
29 students and students in inner-city and rural high schools who
30 do not have access to higher-level courses.
31
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1 2. Students seeking accelerated access in order to
2 obtain a high school diploma at least one semester early.
3
4 The board of trustees of the Florida Virtual High School shall
5 identify appropriate performance measures and standards based
6 on student achievement that reflect the school's statutory
7 mission and priorities, and shall implement an accountability
8 system for the school that includes assessment of its
9 effectiveness and efficiency in providing quality services
10 that encourage high student achievement, seamless
11 articulation, and maximum access.
12 (2) The Florida Virtual On-Line High School shall be
13 governed by a board of trustees comprised of seven members
14 appointed by the Governor to 4-year staggered terms, one of
15 whom shall be the current chair of the Florida High School
16 Advisory Board and one of whom shall be a representative of
17 the fiscal agent, and one of whom shall be the Chief
18 Information Officer or his designee from the State Technology
19 Office pursuant to ch. 2000-164, Laws of Florida. The board
20 shall be a public agency entitled to sovereign immunity
21 pursuant to s. 768.28, and board members shall be public
22 officers who shall bear fiduciary responsibility for the
23 Florida Virtual On-Line High School. The board of trustees
24 shall have the following powers and duties:
25 (a)1. The board of trustees shall meet within 30 days
26 of July 1, 2000, and shall continue to meet at least 4 times
27 each year, upon the call of the chair, or at the request of a
28 majority of the membership.
29 (b) Until not more than 60 days after the initial
30 meeting of the board, the current governance structure of the
31 Florida On-Line High School shall be maintained.
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1 2.(c) The fiscal year for the Florida Virtual On-Line
2 High School shall be the state fiscal year as provided in s.
3 216.011(1)(n).
4 (b) The board of trustees shall be responsible for the
5 Florida Virtual High School's development of a
6 state-of-the-art technology-based education delivery system
7 that is cost-effective, educationally sound, marketable, and
8 capable of sustaining a self-sufficient delivery system
9 through the Florida Education Finance Program, by fiscal year
10 2003-2004. Beginning in fiscal year 2002-2003, the school
11 shall collect FTE for home-schooled students.
12 (c)(d) The board of trustees shall aggressively seek
13 avenues to generate revenue to support its future endeavors,
14 and shall enter into agreements with distance learning
15 providers. The board of trustees and may acquire, enjoy, use,
16 and dispose of patents, copyrights, and trademarks and any
17 licenses and other rights or interests thereunder or therein.
18 Ownership of all such patents, copyrights, trademarks,
19 licenses, and rights or interests thereunder or therein shall
20 vest in the state, with the board having full right of use and
21 full right to retain the revenues derived therefrom. Any funds
22 realized from patents, copyrights, trademarks, or licenses
23 shall be used to support the school's research and development
24 activities in order to improve courseware and services to its
25 students.
26 (d)(e) The board of trustees shall annually prepare
27 and submit to the Florida Board of Education a legislative
28 budget request, including funding requests for computers for
29 public school students who do not have access to public school
30 computers, in accordance with chapter 216 and s. 235.41. The
31 legislative budget request of the Florida Virtual On-Line High
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1 School shall be prepared using the same format, procedures,
2 and timelines required for the submission of the legislative
3 budget of the Department of Education.
4 (e)(f) In accordance with law and rules of the Florida
5 Board of Education, the board of trustees shall administer and
6 maintain personnel programs for all employees of the board of
7 trustees and the Florida Virtual On-Line High School. The
8 board of trustees may adopt rules, policies, and procedures
9 related to the appointment, employment, and removal of
10 personnel.
11 1. The board of trustees shall determine the
12 compensation, including salaries and fringe benefits, and
13 other conditions of employment for such personnel.
14 2. The board of trustees may establish and maintain a
15 personnel loan or exchange program by which persons employed
16 by the board for the Florida Virtual On-Line High School as
17 academic administrative and instructional staff may be loaned
18 to, or exchanged with persons employed in like capacities by,
19 public agencies either within or without this state, or by
20 private industry. With respect to public agency employees, the
21 program authorized by this subparagraph shall be consistent
22 with the requirements of part II of chapter 112. The salary
23 and benefits of board personnel participating in the loan or
24 exchange program shall be continued during the period of time
25 they participate in a loan or exchange program, and such
26 personnel shall be deemed to have no break in creditable or
27 continuous service or employment during such time. The salary
28 and benefits of persons participating in the personnel loan or
29 exchange program who are employed by public agencies or
30 private industry shall be paid by the originating employers of
31 those participants, and such personnel shall be deemed to have
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1 no break in creditable or continuous service or employment
2 during such time.
3 3. The employment of all Florida Virtual On-Line High
4 School academic administrative and instructional personnel
5 shall be subject to rejection for cause by the board of
6 trustees, and shall be subject to policies of the board of
7 trustees relative to certification, tenure, leaves of absence,
8 sabbaticals, remuneration, and such other conditions of
9 employment as the board deems necessary and proper, not
10 inconsistent with law.
11 4. Each person employed by the board of trustees in an
12 academic administrative or instructional capacity with the
13 Florida Virtual On-Line High School shall be entitled to a
14 contract as provided by rules of the board.
15 5. All employees except temporary, seasonal, and
16 student employees may be state employees for the purpose of
17 being eligible to participate in the Florida Retirement System
18 and receive benefits. The classification and pay plan,
19 including terminal leave and other benefits, and any
20 amendments thereto, shall be subject to review and approval by
21 the Department of Management Services and the Executive Office
22 of the Governor prior to adoption. In the event that the board
23 of trustees assumes responsibility for governance pursuant to
24 this section before approval is obtained, employees shall be
25 compensated pursuant to the system in effect for the employees
26 of the fiscal agent.
27 (f)(g) The board of trustees shall establish
28 priorities for admission of students in accordance with
29 paragraph (1)(b).
30 (g)(h) The board of trustees shall establish and
31 distribute to all school districts and high schools in the
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1 state procedures for enrollment of students into courses
2 offered by the Florida Virtual On-Line High School. Such
3 procedures shall be designed to minimize paperwork and fairly
4 resolve the issue of double funding students taking courses
5 online maximize participation by students.
6 (h)(i) The board of trustees shall annually submit to
7 the Florida Board Department of Education both forecasted and
8 actual enrollments for the Florida Virtual On-Line High
9 School, according to procedures established by the Florida
10 Board Department of Education. At a minimum, such procedures
11 must include the number of public, private, and home school
12 students served by district.
13 (i)(j) The board of trustees shall provide for the
14 content and custody of student and employee personnel records.
15 Student records shall be subject to the provisions of s.
16 228.093. Employee records shall be subject to the provisions
17 of s. 231.291.
18 (j)(k) The financial records and accounts of the
19 Florida Virtual On-Line High School shall be maintained under
20 the direction of the board of trustees and under regulations
21 prescribed by the Florida State Board of Education for the
22 uniform system of financial records and accounts for the
23 schools of the state.
24
25 The Governor shall designate the initial chair of the board of
26 trustees to serve a term of 4 years. Members of the board of
27 trustees shall serve without compensation, but may be
28 reimbursed for per diem and travel expenses pursuant to s.
29 112.061. The board of trustees shall be a body corporate with
30 all the powers of a body corporate and such authority as is
31 needed for the proper operation and improvement of the Florida
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1 Virtual On-Line High School. The board of trustees is
2 specifically authorized to adopt rules, policies, and
3 procedures, consistent with law and rules of the Florida Board
4 of Education related to governance, personnel, budget and
5 finance, administration, programs, curriculum and instruction,
6 travel and purchasing, technology, students, contracts and
7 grants, and property as necessary for optimal, efficient
8 operation of the Florida Virtual On-Line High School. Tangible
9 personal property owned by the board of trustees shall be
10 subject to the provisions of chapter 273.
11 (3)(a) Until fiscal year 2003-2004, the Commissioner
12 of Education shall include the Florida Virtual On-Line High
13 School as a grant-in-aid appropriation in the department's
14 legislative budget request to the Florida State Board of
15 Education, the Governor, and the Legislature,.
16 (a) subject to any guidelines imposed in the General
17 Appropriations Act, funds for the operation of the Florida
18 On-Line High School shall be requested and appropriated within
19 the Department of Education as a grant-in-aid category until
20 such time as the Legislature authorizes a different funding
21 mechanism.
22 (b) The Orange County District School Board shall be
23 the temporary fiscal agent of the Florida Virtual On-Line High
24 School.
25 (c) Priorities for the delivery of services by the
26 Florida On-Line High School shall ensure that priority access
27 is provided equitably across the state.
28 (4) Under no circumstance may the credit of the state
29 be pledged on behalf of the Florida Virtual On-Line High
30 School.
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Florida Senate - 2001 SB 2108
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1 (5) By January 1, 2001, The board of trustees shall
2 annually submit to the Governor, the Legislature, the
3 Commissioner of Education, and the Florida Board of Education
4 Reorganization Transition Commission a complete and detailed
5 report setting forth:
6 (a) The operations and accomplishments of the Florida
7 Virtual On-Line High School.
8 (b) The marketing and operational plan for the Florida
9 Virtual On-Line High School, including recommendations
10 regarding methods for improving the delivery of education
11 through the Internet and other distance learning technology.
12 (c) The assets and liabilities of the Florida Virtual
13 On-Line High School at the end of the fiscal year.
14 (d) A copy of an annual financial and compliance audit
15 of the accounts and records of the Florida Virtual On-Line
16 High School, conducted by an independent certified public
17 accountant and performed in accordance with rules adopted by
18 the Auditor General.
19 (e) Recommendations regarding the unit cost of
20 providing services to students. In order to most effectively
21 develop public policy regarding any future funding of the
22 Florida Virtual On-Line High School, it is imperative that the
23 cost of the program is accurately identified. The identified
24 cost of the program must be based on reliable data and reflect
25 the costs associated with maintaining a state-of-the-art
26 on-line high school, including the costs associated with
27 maintaining a high-quality research and development effort to
28 locate and assimilate, or develop, Internet-based courses.
29 (f) Recommendations regarding an accountability
30 mechanism to assess the effectiveness of the services provided
31 by the Florida Virtual On-Line High School.
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Florida Senate - 2001 SB 2108
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1 (6) The Auditor General may, pursuant to his or her
2 own authority, or at the direction of the Joint Legislative
3 Auditing Committee, conduct an audit of the Florida Virtual
4 On-Line High School.
5 (7) The Florida State Board of Education may adopt
6 rules it deems necessary to implement reporting requirements
7 for the Florida Virtual On-Line High School.
8 Section 19. The Department of Education shall maximize
9 the available federal indirect cost allowed on all federal
10 grants. Beginning with the 2002-2003 fiscal year, none of the
11 funds received from indirect cost allowance shall be expended
12 by the department without specific appropriation by the
13 Legislature.
14 Section 20. Effective June 30, 2002, section 229.085,
15 Florida Statutes, is repealed.
16 Section 21. Sections 240.145, 240.147, 240.227,
17 240.307, subsection (2) of section 240.209, and subsection (4)
18 of section 240.311, Florida Statutes, are repealed.
19 Section 22. Except as otherwise provided in this act,
20 this act shall take effect upon becoming a law.
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Florida Senate - 2001 SB 2108
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2 LEGISLATIVE SUMMARY
3
Revises the policy and guiding principles of the
4 Legislature relating to education governance and revises
the timeframe for education governance reorganization.
5
6 Revises the titles and duties of the education governance
officers. Revises the membership and duties of university
7 boards of trustees. Abolishes the Board of Regents, the
State Board of Community Colleges, and the Postsecondary
8 Education Planning Commission. Transfers the powers and
duties of the Board of Regents to the Florida Board of
9 Education, of the State Board of Community Colleges to
the Florida Board of Education, and of the Postsecondary
10 Education Planning Commission to the Education K-20
Policy and Research Commission, respectively. Transfers
11 the Articulation Coordinating Committee and the Education
Standards Commission by type two transfer from the
12 Department of Education to the Florida Board of
Education. Creates the Education K-20 Policy and
13 Research Commission within OPPAGA and establishes the
membership and duties of the commission. Requires the
14 Commissioner of Education to reorganize the Department of
Education. Revises the timeframe for the creation of the
15 Florida Board of Education and revises the duties and
responsibilities of the board.
16
17 Deletes obsolete language relating to the creation and
already-accomplished duties of the Education Governance
18 Reorganization Task Force. Requires the task force to
provide guidance and monitoring of the reorganization
19 implementation process and to report to the Governor, the
Legislature, and the public on its progress. Revises the
20 timeframe and recipients of the final report of the task
force.
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22 Establishes guidelines for the implementation, structure,
functions, and organization of Florida's K-20 education
23 system. Establishes duties of the Florida Board of
Education relating to the transition and implementation
24 of the K-20 system. Establishes Florida's K-20 education
performance accountability system. Provides legislative
25 intent, mission, goals, and systemwide measures.
Establishes a reorganization implementation process.
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27 Requires the Governor to appoint university boards of
trustees and a Florida Board of Education. Provides
28 membership and duties of boards of trustees of
universities in the State University System. Establishes
29 powers and duties of university presidents.
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Requires the Florida Board of Education to appoint
31 advisory bodies as necessary, and develop and recommend
to the Legislature a new School Code.
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2 Provides legislative intent regarding the School
Readiness Act. Clarifies responsibilities of the Florida
3 Partnership for School Readiness, the Department of
Education, and parents relating to school readiness.
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5 Provides a statement of legislative finding and intent
regarding liability for overall kindergarten through
6 graduate school student achievement.
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Revises the name of the Florida On-Line High School to
8 the Florida Virtual High School, which school shall be
housed within the Commissioner of Education's Office of
9 Technology and Information Services and monitored by the
commissioner. States the mission of the Florida Virtual
10 High School, deletes obsolete language, and revises the
duties of the school's board of trustees.
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12 Requires the Department of Education to maximize federal
indirect cost allowed on federal grants. Requires
13 appropriation for expenditure of funds received from
indirect cost allowance.
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