Florida Senate - 2011                             CS for SB 1194
       
       
       
       By the Committee on Higher Education; and Senator Oelrich
       
       
       
       
       589-02441-11                                          20111194c1
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 1004.68, F.S.; deleting provisions relating to the
    4         use of test scores for assessment of college-level
    5         communication and computation skills; amending s.
    6         1007.01, F.S.; providing legislative intent and
    7         requirements relating to articulation; requiring the
    8         establishment of the Articulation Coordinating
    9         Committee and providing its responsibilities; amending
   10         s. 1007.25, F.S.; deleting provisions relating to the
   11         CLAST and authorized examinations that demonstrate
   12         mastery of certain academic competencies; revising
   13         degree requirements; amending ss. 1007.264 and
   14         1007.265, F.S.; deleting provisions that exclude
   15         students with intellectual disabilities from
   16         eligibility for substitute requirements for admission
   17         to or graduation from a public postsecondary
   18         educational institution; amending s. 1008.30, F.S.;
   19         revising requirements of the common placement testing
   20         program; requiring access to approved remedial
   21         instruction; requiring rules for remediation
   22         opportunities, retesting, and academic competencies;
   23         requiring that students be advised of academic
   24         requirements, financial aid eligibility, and certain
   25         costs; amending s. 1008.345, F.S.; deleting Department
   26         of Education duties relating to tests and assessment
   27         procedures that measure student achievement of
   28         college-level communication and computation skills;
   29         amending s. 1008.38, F.S.; revising and conforming
   30         provisions relating to the articulation process;
   31         amending s. 1009.534, F.S.; revising provisions
   32         relating to approval of community service work for
   33         eligibility for the Florida Academic Scholars award;
   34         amending ss. 1001.64 and 1011.30, F.S.; removing
   35         provisions requiring that a budget of a community
   36         college be transmitted to the Department of Education
   37         for approval; amending ss. 467.009 and 1012.56, F.S.;
   38         deleting provisions relating to the CLAST; repealing
   39         s. 6 of chapter 2006-58, Laws of Florida; abrogating
   40         the repeal of s. 1004.226, F.S., which created the
   41         21st Century World Class Scholars Program; providing
   42         an effective date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 1004.68, Florida Statutes, is amended to
   47  read:
   48         1004.68 Community college; degrees and certificates; tests
   49  for certain skills.—
   50         (1) Each community college board of trustees shall adopt
   51  rules establishing student performance standards for the award
   52  of degrees and certificates.
   53         (2) Each community college board of trustees shall require
   54  the use of scores on tests for college-level communication and
   55  computation skills provided in s. 1008.345(7) as a condition for
   56  graduation with an associate in arts degree.
   57         Section 2. Section 1007.01, Florida Statutes, is amended to
   58  read:
   59         1007.01 Articulation; legislative intent; purpose; role of
   60  the State Board of Education and the Board of Governors;
   61  articulation coordinating committee.—
   62         (1) It is the intent of the Legislature to facilitate
   63  articulation and seamless integration of the K-20 education
   64  system by building, and sustaining, and strengthening
   65  relationships among K-20 public organizations, between public
   66  and private organizations, and between the education system as a
   67  whole and Florida’s communities. The purpose of building, and
   68  sustaining, and strengthening these relationships is to provide
   69  for the efficient and effective progression and transfer of
   70  students within the education system and to allow students to
   71  proceed toward their educational objectives as rapidly as their
   72  circumstances permit. The Legislature further intends that
   73  articulation policies and budget actions be implemented
   74  consistently in the practices of the Department of Education and
   75  postsecondary educational institutions and expressed in the
   76  collaborative policy efforts of the State Board of Education and
   77  the Board of Governors.
   78         (2) To improve and facilitate articulation systemwide, the
   79  State Board of Education and the Board of Governors shall
   80  collaboratively establish recommend policies and guidelines to
   81  the Legislature with input from statewide K-20 advisory groups
   82  established by the Commissioner of Education and the Chancellor
   83  of the State University System and shall recommend the policies
   84  and guidelines to the Legislature. The policies and guidelines
   85  shall relate relating to:
   86         (a) The alignment between the exit requirements of one
   87  system and the admissions requirements of another system into
   88  which students typically transfer.
   89         (b) The identification of common courses, the level of
   90  courses, institutional participation in a statewide course
   91  numbering system, and the transferability of credits among such
   92  institutions.
   93         (c) Identification of courses that meet general education
   94  or common degree program prerequisite requirements at public
   95  postsecondary educational institutions.
   96         (d) Dual enrollment course equivalencies.
   97         (e) Articulation agreements.
   98         (3) The Commissioner of Education, in consultation with the
   99  Chancellor of the State University System, shall establish the
  100  Articulation Coordinating Committee, which shall report to the
  101  commissioner. The committee shall be a K-20 advisory group that
  102  consists of members representing the State University System,
  103  the Florida College System, public career and technical
  104  education, public K-12 education, and nonpublic education, with
  105  at least one member representing students. The commissioner
  106  shall appoint a chair from the membership. The committee shall:
  107         (a) Propose monitoring, compliance, and reporting systems
  108  to facilitate and ensure institutional compliance with state
  109  articulation policies.
  110         (b) Monitor the alignment between the exit requirements of
  111  one system and the admissions requirements of another system
  112  into which students typically transfer.
  113         (c) Propose guidelines for interinstitutional agreements
  114  between and among public schools, career and technical education
  115  centers, Florida College System institutions, and state
  116  universities.
  117         (d) Establish dual enrollment course and high school
  118  subject area equivalencies.
  119         (e) Establish groups of public and nonpublic educational
  120  institution representatives to facilitate articulation.
  121         (f) Conduct a continuing review of statewide articulation
  122  statutes, rules, regulations, and agreements and make
  123  recommendations to the State Board of Education and the Board of
  124  Governors for revisions.
  125         (g) Review the statewide course numbering system, the
  126  levels of courses, and the application of transfer credit
  127  requirements from public and nonpublic institutions
  128  participating in the statewide course numbering system,
  129  including, but not limited to, instances of student transfer and
  130  admissions difficulties.
  131         (h) Identify courses that meet general education or common
  132  degree program prerequisite requirements at public postsecondary
  133  institutions.
  134         (i) Examine statewide data regarding articulation,
  135  recommend resolutions for issues, and propose programmatic and
  136  budget policies and procedures to improve articulation
  137  throughout the K-20 education system.
  138         (j) Recommend roles and responsibilities of public
  139  education entities in interfacing with the single, statewide
  140  computer-assisted student advising system established pursuant
  141  to s. 1007.28, including, but not limited to, functionality
  142  requirements, data needs, and appropriate reporting timelines.
  143         Section 3. Subsection (12) of section 1007.25, Florida
  144  Statutes, is amended to read:
  145         1007.25 General education courses; common prerequisites;
  146  and other degree requirements.—
  147         (12)(a) A public postsecondary educational institution may
  148  not confer an associate in arts or baccalaureate degree upon any
  149  student who fails to successfully complete one of the following
  150  requirements:
  151         1. Achieve a score that meets or exceeds a minimum score on
  152  a nationally standardized examination, as established by the
  153  State Board of Education in conjunction with the Board of
  154  Governors; or
  155         2. demonstrate successful mastery remediation of any
  156  academic competencies deficiencies and achieve a cumulative
  157  grade point average of 2.0 2.5 or above, on a 4.0 scale, in
  158  postsecondary-level coursework identified by the State Board of
  159  Education in conjunction with the Board of Governors. The
  160  Department of Education shall specify the means by which a
  161  student may demonstrate successful remediation.
  162         (b) Any student who, in the best professional opinion of
  163  the postsecondary educational institution, has a specific
  164  learning disability such that the student cannot demonstrate
  165  successful mastery of one or more of the authorized examinations
  166  but is achieving at the college level in every area despite his
  167  or her disability, and whose diagnosis indicates that further
  168  remediation will not succeed in overcoming the disability, may
  169  appeal through the appropriate dean to a committee appointed by
  170  the president or the chief academic officer for special
  171  consideration. The committee shall examine the evidence of the
  172  student’s academic and medical records and may hear testimony
  173  relevant to the case. The committee may grant a waiver for one
  174  or more of the authorized examinations based on the results of
  175  its review.
  176         (c) Each public postsecondary educational institution
  177  president shall establish a committee to consider requests for
  178  waivers from the requirements in paragraph (a). The committee
  179  shall be chaired by the chief academic officer of the
  180  institution and shall have four additional members appointed by
  181  the president as follows:
  182         1. One faculty member from the mathematics department;
  183         2. One faculty member from the English department;
  184         3. The institutional test administrator; and
  185         4. One faculty member from a department other than English
  186  or mathematics.
  187         (d) Any student who has taken the authorized examinations
  188  and has not achieved a passing score, but has otherwise
  189  demonstrated proficiency in coursework in the same subject area,
  190  may request a waiver from the examination requirement. Waivers
  191  shall be considered only after students have been provided test
  192  accommodations or other administrative adjustments to permit the
  193  accurate measurement of the student’s proficiency in the subject
  194  areas measured by the authorized examinations. The committee
  195  shall consider the student’s educational records and other
  196  evidence as to whether the student should be able to pass the
  197  authorized examinations. A waiver may be recommended to the
  198  president upon a majority vote of the committee. The president
  199  may approve or disapprove the recommendation. The president may
  200  not approve a request that the committee has disapproved. If a
  201  waiver is approved, the student’s transcript shall include a
  202  statement that the student did not meet the requirements of this
  203  subsection and that a waiver was granted.
  204         Section 4. Subsection (1) of section 1007.264, Florida
  205  Statutes, is amended to read:
  206         1007.264 Persons with disabilities; admission to
  207  postsecondary educational institutions; substitute requirements;
  208  rules and regulations.—
  209         (1) Any student with a disability, as defined in s.
  210  1007.02(2), who is otherwise eligible except those students who
  211  have been documented as having intellectual disabilities, shall
  212  be eligible for reasonable substitution for any requirement for
  213  admission into a public postsecondary educational institution
  214  where documentation can be provided that the person’s failure to
  215  meet the admission requirement is related to the disability.
  216         Section 5. Subsection (1) of section 1007.265, Florida
  217  Statutes, is amended to read:
  218         1007.265 Persons with disabilities; graduation, study
  219  program admission, and upper-division entry; substitute
  220  requirements; rules and regulations.—
  221         (1) Any student with a disability, as defined in s.
  222  1007.02(2), in a public postsecondary educational institution,
  223  except those students who have been documented as having
  224  intellectual disabilities, shall be eligible for reasonable
  225  substitution for any requirement for graduation, for admission
  226  into a program of study, or for entry into the upper division
  227  where documentation can be provided that the person’s failure to
  228  meet the requirement is related to the disability and where
  229  failure to meet the graduation requirement or program admission
  230  requirement does not constitute a fundamental alteration in the
  231  nature of the program.
  232         Section 6. Subsections (2) and (3) and paragraph (a) of
  233  subsection (4) of section 1008.30, Florida Statutes, are amended
  234  to read:
  235         1008.30 Common placement testing for public postsecondary
  236  education.—
  237         (2) The common placement testing program shall include at a
  238  minimum the following: the capacity to diagnose basic
  239  competencies in the areas of English, reading, and mathematics
  240  which are essential to perform college-level work; an assessment
  241  of prerequisite skills that relate to progressively advanced
  242  instruction in mathematics and, such as algebra and geometry;
  243  prerequisite skills that relate to progressively advanced
  244  instruction in language arts, such as English composition and
  245  literature; prerequisite skills which relate to the College
  246  Level Academic Skills Test (CLAST); and provision of specific
  247  test information to students on skill the specific deficiencies.
  248  The State Board of Education shall establish by rule the test
  249  scores a student must achieve to demonstrate readiness.
  250         (3) The State Board of Education shall adopt rules that
  251  require high schools to evaluate before the beginning of grade
  252  12 the college readiness of each student who indicates an
  253  interest in postsecondary education and scores at Level 2 or
  254  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
  255  Level 3, or Level 4 on the mathematics assessments under s.
  256  1008.22(3)(c). High schools shall perform this evaluation using
  257  results from the corresponding component of the common placement
  258  test prescribed in this section, or an equivalent test
  259  identified by the State Board of Education. The Department of
  260  Education shall adopt purchase or develop the assessments
  261  necessary to perform the evaluations required by this subsection
  262  and shall work with the school districts to administer the
  263  assessments. The State Board of Education shall establish by
  264  rule the minimum test scores a student must achieve to
  265  demonstrate readiness. Students who demonstrate readiness by
  266  achieving the minimum test scores established by the state board
  267  and enroll in a community college within 2 years after of
  268  achieving such scores shall not be required to enroll in
  269  remediation courses as a condition of acceptance to any
  270  community college. The high school shall use the results of the
  271  test to advise the students of any identified deficiencies and
  272  to the maximum extent practicable provide 12th grade students
  273  access to approved appropriate remedial instruction prior to
  274  high school graduation. The remedial instruction provided under
  275  this subsection shall be a collaborative effort between
  276  secondary and postsecondary educational institutions, as
  277  prescribed by State Board of Education rule. To the extent
  278  courses are available, the Florida Virtual School may be used to
  279  provide the remedial instruction required by this subsection.
  280  Students who demonstrate readiness through successful completion
  281  of the approved remedial instruction are eligible to repeat the
  282  common placement test prior to high school graduation.
  283         (4)(a) Public postsecondary educational institution
  284  Students who have been identified as requiring additional
  285  preparation pursuant to subsection (1) shall enroll in college
  286  preparatory or other adult education pursuant to s. 1004.93 in
  287  community colleges to develop needed college-entry skills. The
  288  State Board of Education shall specify by rule provisions for
  289  alternative remediation opportunities and retesting policies.
  290  These students shall be permitted to take courses within their
  291  degree program concurrently in other curriculum areas for which
  292  they are qualified while enrolled in college-preparatory
  293  instruction courses. A student enrolled in a college-preparatory
  294  course may concurrently enroll only in college credit courses
  295  that do not require the skills addressed in the college
  296  preparatory course. The State Board of Education, in conjunction
  297  with the Board of Governors, shall specify the college credit
  298  courses that are acceptable for students enrolled in each
  299  college-preparatory skill area. A degree-seeking student who
  300  wishes to earn an associate in arts or a baccalaureate degree,
  301  but who is required to complete a college-preparatory course,
  302  must successfully complete the required college-preparatory
  303  studies by the time the student has accumulated 12 hours of
  304  lower-division college credit degree coursework; however, a
  305  student may continue enrollment in degree-earning coursework
  306  provided the student maintains enrollment in college-preparatory
  307  coursework for each subsequent semester until college
  308  preparatory coursework requirements are completed, and provided
  309  the student demonstrates satisfactory performance in degree
  310  earning coursework. A student who has accumulated 12 college
  311  credit hours and has not yet demonstrated proficiency in the
  312  basic competency areas of reading, writing, and mathematics must
  313  be advised in writing of the requirements for associate degree
  314  completion and state university admission, including information
  315  about future financial aid eligibility and the potential costs
  316  of accumulating excessive college credit as described in s.
  317  1009.286. A passing score on a standardized, institutionally
  318  developed test must be achieved Before a student is considered
  319  to have met basic computation and communication skills
  320  requirements, the student must demonstrate successful mastery of
  321  the required developmental education competencies as defined in
  322  State Board of Education rule; however, no student shall be
  323  required to retake any test or subtest that was previously
  324  passed by said student. Credit awarded for college-preparatory
  325  instruction may not be counted toward fulfilling the number of
  326  credits required for a degree.
  327         Section 7. Subsection (7) of section 1008.345, Florida
  328  Statutes, is amended to read:
  329         1008.345 Implementation of state system of school
  330  improvement and education accountability.—
  331         (7) As a part of the system of educational accountability,
  332  the Department of Education shall:
  333         (a) Develop minimum standards for various grades and
  334  subject areas, as required in ss. 1001.03, 1008.22, and 1008.34.
  335         (b) Administer the statewide assessment testing program
  336  created by s. 1008.22.
  337         (c) Review the school advisory councils of each district as
  338  required by s. 1001.452.
  339         (d) Conduct the program evaluations required by s. 1001.03.
  340         (e) Maintain a listing of college-level communication and
  341  mathematics skills defined pursuant to s. 1008.29 as being
  342  associated with successful student performance through the
  343  baccalaureate level and submit it to the State Board of
  344  Education and the Board of Governors for approval.
  345         (f) Maintain a listing of tests and other assessment
  346  procedures which measure and diagnose student achievement of
  347  college-level communication and computation skills and submit it
  348  to the State Board of Education and the Board of Governors for
  349  approval.
  350         (g) Maintain for the information of the State Board of
  351  Education, the Board of Governors, and the Legislature a file of
  352  data to reflect achievement of college-level communication and
  353  mathematics competencies by students in state universities and
  354  community colleges.
  355         (h) Develop or contract for, and submit to the State Board
  356  of Education and the Board of Governors for approval, tests
  357  which measure and diagnose student achievement of college-level
  358  communication and mathematics skills. Any tests and related
  359  documents developed are exempt from the provisions of s.
  360  119.07(1). The commissioner shall maintain statewide
  361  responsibility for the administration of such tests and may
  362  assign administrative responsibilities for the tests to any
  363  state university or community college. The state board, upon
  364  recommendation of the commissioner, may enter into contracts for
  365  such services beginning in one fiscal year and continuing into
  366  the next year which are paid from the appropriation for either
  367  or both fiscal years.
  368         (f)(i) Perform any other functions that may be involved in
  369  educational planning, research, and evaluation or that may be
  370  required by the commissioner, the State Board of Education, the
  371  Board of Governors, or law.
  372         Section 8. Subsections (4) and (6) of section 1008.38,
  373  Florida Statutes, are amended to read:
  374         1008.38 Articulation accountability process.—The State
  375  Board of Education, in conjunction with the Board of Governors,
  376  shall develop articulation accountability measures which assess
  377  the status of systemwide articulation processes authorized under
  378  s. 1007.23 and establish an articulation accountability process
  379  which at a minimum shall address:
  380         (4) The smooth transfer of Florida College System community
  381  college associate in arts degree graduates to a Florida College
  382  System institution or a state university.
  383         (6) The relationship between student attainment of college
  384  level the College Level academic skills Test Program and
  385  articulation to the upper division in public postsecondary
  386  institutions.
  387         Section 9. Subsection (1) of section 1009.534, Florida
  388  Statutes, is amended to read:
  389         1009.534 Florida Academic Scholars award.—
  390         (1) A student is eligible for a Florida Academic Scholars
  391  award if the student meets the general eligibility requirements
  392  for the Florida Bright Futures Scholarship Program and the
  393  student:
  394         (a) Has achieved a 3.5 weighted grade point average as
  395  calculated pursuant to s. 1009.531, or its equivalent, in high
  396  school courses that are designated by the State Board of
  397  Education as college-preparatory academic courses; and has
  398  attained at least the score pursuant to s. 1009.531(6)(a) on the
  399  combined verbal and quantitative parts of the Scholastic
  400  Aptitude Test, the Scholastic Assessment Test, or the recentered
  401  Scholastic Assessment Test of the College Entrance Examination,
  402  or an equivalent score on the ACT Assessment Program;
  403         (b) Has attended a home education program according to s.
  404  1002.41 during grades 11 and 12 or has completed the
  405  International Baccalaureate curriculum but failed to earn the
  406  International Baccalaureate Diploma or has completed the
  407  Advanced International Certificate of Education curriculum but
  408  failed to earn the Advanced International Certificate of
  409  Education Diploma, and has attained at least the score pursuant
  410  to s. 1009.531(6)(a) on the combined verbal and quantitative
  411  parts of the Scholastic Aptitude Test, the Scholastic Assessment
  412  Test, or the recentered Scholastic Assessment Test of the
  413  College Entrance Examination, or an equivalent score on the ACT
  414  Assessment Program;
  415         (c) Has been awarded an International Baccalaureate Diploma
  416  from the International Baccalaureate Office or an Advanced
  417  International Certificate of Education Diploma from the
  418  University of Cambridge International Examinations Office;
  419         (d) Has been recognized by the merit or achievement
  420  programs of the National Merit Scholarship Corporation as a
  421  scholar or finalist; or
  422         (e) Has been recognized by the National Hispanic
  423  Recognition Program as a scholar recipient.
  424  
  425  A student must complete a program of community service work, as
  426  approved by the district school board, or the administrators of
  427  a nonpublic school, or the Department of Education for home
  428  school students, which shall include a minimum of 75 hours of
  429  service work and require the student to identify a social
  430  problem that interests him or her, develop a plan for his or her
  431  personal involvement in addressing the problem, and, through
  432  papers or other presentations, evaluate and reflect upon his or
  433  her experience.
  434         Section 10. Subsection (11) of section 1001.64, Florida
  435  Statutes, is amended to read
  436         1001.64 Community college boards of trustees; powers and
  437  duties.—
  438         (11) Each board of trustees shall submit an institutional
  439  budget request, including a request for fixed capital outlay,
  440  and an operating budget to the State Board of Education for
  441  review approval in accordance with guidelines established by the
  442  State Board of Education.
  443         Section 11. Section 1011.30, Florida Statutes, is amended
  444  to read:
  445         1011.30 Budgets for community colleges.—Each community
  446  college president shall recommend to the community college board
  447  of trustees a budget of income and expenditures at such time and
  448  in such form as the State Board of Education may prescribe. Upon
  449  approval of a budget by the community college board of trustees,
  450  such budget shall be transmitted to the Department of Education
  451  for review and approval. Rules of the State Board of Education
  452  shall prescribe procedures for effecting budget amendments
  453  subsequent to the final approval of a budget for a given year.
  454         Section 12. Subsection (3) of section 467.009, Florida
  455  Statutes, is amended to read:
  456         467.009 Midwifery programs; education and training
  457  requirements.—
  458         (3) To be accepted into an approved midwifery program, an
  459  applicant shall have:
  460         (a) A high school diploma or its equivalent.
  461         (b) Passed the college level academic scholastic test
  462  (CLAST) or Taken three college-level credits each of math and
  463  English or demonstrated competencies in communication and
  464  computation.
  465         Section 13. Subsection (3) of section 1012.56, Florida
  466  Statutes, is amended to read:
  467         1012.56 Educator certification requirements.—
  468         (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
  469  demonstrating mastery of general knowledge are:
  470         (a) Achievement of passing scores on basic skills
  471  examination required by state board rule;
  472         (b) Achievement of passing scores on the College Level
  473  Academic Skills Test earned prior to July 1, 2002;
  474         (b)(c) A valid professional standard teaching certificate
  475  issued by another state;
  476         (c)(d) A valid certificate issued by the National Board for
  477  Professional Teaching Standards or a national educator
  478  credentialing board approved by the State Board of Education; or
  479         (d)(e) Documentation of two semesters of successful
  480  teaching in a community college, state university, or private
  481  college or university that awards an associate or higher degree
  482  and is an accredited institution or an institution of higher
  483  education identified by the Department of Education as having a
  484  quality program.
  485         Section 14. Section 6 of chapter 2006-58, Laws of Florida,
  486  is repealed.
  487         Section 15. This act shall take effect upon becoming a law.