Florida Senate - 2015                                    SB 7046
       
       
        
       By the Committee on Education Pre-K - 12
       
       
       
       
       
       581-02190-15                                          20157046__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.7065,
    3         F.S.; requiring a state research university to enter
    4         into and maintain a formal agreement with a specified
    5         organization to offer college-sponsored merit
    6         scholarship awards as a condition of designation as a
    7         preeminent state research university; specifying that
    8         continuation of a state research university’s
    9         institute for online learning is contingent on the
   10         university entering into and maintaining such an
   11         agreement; amending s. 1011.62, F.S.; authorizing a
   12         low-performing elementary school to administer the
   13         required additional hours of instruction in a summer
   14         program; requiring a school to continue to provide the
   15         additional instruction to certain students in the
   16         subsequent year that the school is no longer
   17         classified as one of the 300 lowest-performing
   18         elementary schools; revising the types and amounts of
   19         bonuses that a teacher may receive in any given school
   20         year; deleting obsolete language; requiring the Board
   21         of Governors and the State Board of Education to base
   22         state performance funds for the State University
   23         System and the Florida College System, respectively,
   24         on specified metrics adopted by each board; specifying
   25         allocation of the funds; requiring the Chancellor of
   26         the State University System and the Commissioner of
   27         Education to withhold disbursement of certain funds;
   28         requiring the boards to submit reports by a specified
   29         time to the Governor and the Legislature; requiring
   30         the boards to adopt rules; providing an effective
   31         date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsections (3) and (4) of section 1001.7065,
   36  Florida Statutes, are amended to read:
   37         1001.7065 Preeminent state research universities program.—
   38         (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—The
   39  Board of Governors shall designate each state research
   40  university that meets at least 11 of the 12 academic and
   41  research excellence standards identified in subsection (2) and
   42  that enters into and maintains a formal agreement with the
   43  National Merit Scholarship Corporation to offer college
   44  sponsored merit scholarship awards a preeminent state research
   45  university.
   46         (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
   47  ONLINE LEARNING.—A state research university that, as of July 1,
   48  2013, met meets all 12 of the academic and research excellence
   49  standards identified in subsection (2), as verified by the Board
   50  of Governors, shall establish an institute for online learning.
   51  Continuation of the institute for online learning is contingent
   52  upon a state research university entering into and maintaining a
   53  formal agreement with the National Merit Scholarship Corporation
   54  to offer college-sponsored merit scholarship awards. The
   55  institute shall establish a robust offering of high-quality,
   56  fully online baccalaureate degree programs at an affordable cost
   57  in accordance with this subsection.
   58         (a) By August 1, 2013, the Board of Governors shall convene
   59  an advisory board to support the development of high-quality,
   60  fully online baccalaureate degree programs at the university.
   61         (b) The advisory board shall:
   62         1. Offer expert advice, as requested by the university, in
   63  the development and implementation of a business plan to expand
   64  the offering of high-quality, fully online baccalaureate degree
   65  programs.
   66         2. Advise the Board of Governors on the release of funding
   67  to the university upon approval by the Board of Governors of the
   68  plan developed by the university.
   69         3. Monitor, evaluate, and report on the implementation of
   70  the plan to the Board of Governors, the Governor, the President
   71  of the Senate, and the Speaker of the House of Representatives.
   72         (c) The advisory board shall be composed of the following
   73  five members:
   74         1. The chair of the Board of Governors or the chair’s
   75  permanent designee.
   76         2. A member with expertise in online learning, appointed by
   77  the Board of Governors.
   78         3. A member with expertise in global marketing, appointed
   79  by the Governor.
   80         4. A member with expertise in cloud virtualization,
   81  appointed by the President of the Senate.
   82         5. A member with expertise in disruptive innovation,
   83  appointed by the Speaker of the House of Representatives.
   84         (d) The president of the university shall be consulted on
   85  the advisory board member appointments.
   86         (e) A majority of the advisory board shall constitute a
   87  quorum, elect the chair, and appoint an executive director.
   88         (f) By September 1, 2013, the university shall submit to
   89  the advisory board a comprehensive plan to expand high-quality,
   90  fully online baccalaureate degree program offerings. The plan
   91  shall include:
   92         1. Existing on-campus general education courses and
   93  baccalaureate degree programs that will be offered online.
   94         2. New courses that will be developed and offered online.
   95         3. Support services that will be offered to students
   96  enrolled in online baccalaureate degree programs.
   97         4. A tuition and fee structure that meets the requirements
   98  in paragraph (k) for online courses, baccalaureate degree
   99  programs, and student support services.
  100         5. A timeline for offering, marketing, and enrolling
  101  students in the online baccalaureate degree programs.
  102         6. A budget for developing and marketing the online
  103  baccalaureate degree programs.
  104         7. Detailed strategies for ensuring the success of students
  105  and the sustainability of the online baccalaureate degree
  106  programs.
  107  
  108  Upon recommendation of the plan by the advisory board and
  109  approval by the Board of Governors, the Board of Governors shall
  110  award the university $10 million in nonrecurring funds and $5
  111  million in recurring funds for fiscal year 2013-2014 and $5
  112  million annually thereafter, subject to appropriation in the
  113  General Appropriations Act.
  114         (g) Beginning in January 2014, the university shall offer
  115  high-quality, fully online baccalaureate degree programs that:
  116         1. Accept full-time, first-time-in-college students.
  117         2. Have the same rigorous admissions criteria as equivalent
  118  on-campus degree programs.
  119         3. Offer curriculum of equivalent rigor to on-campus degree
  120  programs.
  121         4. Offer rolling enrollment or multiple opportunities for
  122  enrollment throughout the year.
  123         5. Do not require any on-campus courses. However, for
  124  courses or programs that require clinical training or
  125  laboratories that cannot be delivered online, the university
  126  shall offer convenient locational options to the student, which
  127  may include, but are not limited to, the option to complete such
  128  requirements at a summer-in-residence on the university campus.
  129  The university may provide a network of sites at convenient
  130  locations and contract with commercial testing centers or
  131  identify other secure testing services for the purpose of
  132  proctoring assessments or testing.
  133         6. Apply the university’s existing policy for accepting
  134  credits for both freshman applicants and transfer applicants.
  135         (h) The university may offer a fully online Master’s in
  136  Business Administration degree program and other master’s degree
  137  programs.
  138         (i) The university may develop and offer degree programs
  139  and courses that are competency based as appropriate for the
  140  quality and success of the program.
  141         (j) The university shall periodically expand its offering
  142  of online baccalaureate degree programs to meet student and
  143  market demands.
  144         (k) The university shall establish a tuition structure for
  145  its online institute in accordance with this paragraph,
  146  notwithstanding any other provision of law.
  147         1. For students classified as residents for tuition
  148  purposes, tuition for an online baccalaureate degree program
  149  shall be set at no more than 75 percent of the tuition rate as
  150  specified in the General Appropriations Act pursuant to s.
  151  1009.24(4) and 75 percent of the tuition differential pursuant
  152  to s. 1009.24(16). No distance learning fee, fee for campus
  153  facilities, or fee for on-campus services may be assessed,
  154  except that online students shall pay the university’s
  155  technology fee, financial aid fee, and Capital Improvement Trust
  156  Fund fee. The revenues generated from the Capital Improvement
  157  Trust Fund fee shall be dedicated to the university’s institute
  158  for online learning.
  159         2. For students classified as nonresidents for tuition
  160  purposes, tuition may be set at market rates in accordance with
  161  the business plan.
  162         3. Tuition for an online degree program shall include all
  163  costs associated with instruction, materials, and enrollment,
  164  excluding costs associated with the provision of textbooks
  165  pursuant to s. 1004.085 and physical laboratory supplies.
  166         4. Subject to the limitations in subparagraph 1., tuition
  167  may be differentiated by degree program as appropriate to the
  168  instructional and other costs of the program in accordance with
  169  the business plan. Pricing must incorporate innovative
  170  approaches that incentivize persistence and completion,
  171  including, but not limited to, a fee for assessment, a bundled
  172  or all-inclusive rate, and sliding scale features.
  173         5. The university must accept advance payment contracts and
  174  student financial aid.
  175         6. Fifty percent of the net revenues generated from the
  176  online institute of the university shall be used to enhance and
  177  enrich the online institute offerings, and 50 percent of the net
  178  revenues generated from the online institute shall be used to
  179  enhance and enrich the university’s campus state-of-the-art
  180  research programs and facilities.
  181         7. The institute may charge additional local user fees
  182  pursuant to s. 1009.24(14) upon the approval of the Board of
  183  Governors.
  184         8. The institute shall submit a proposal to the president
  185  of the university authorizing additional user fees for the
  186  provision of voluntary student participation in activities and
  187  additional student services.
  188         Section 2. Paragraphs (f) and (o) of subsection (1) and
  189  paragraph (a) of subsection (9) of section 1011.62, Florida
  190  Statutes, are amended to read:
  191         1011.62 Funds for operation of schools.—If the annual
  192  allocation from the Florida Education Finance Program to each
  193  district for operation of schools is not determined in the
  194  annual appropriations act or the substantive bill implementing
  195  the annual appropriations act, it shall be determined as
  196  follows:
  197         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  198  OPERATION.—The following procedure shall be followed in
  199  determining the annual allocation to each district for
  200  operation:
  201         (f) Supplemental academic instruction; categorical fund.—
  202         1. There is created a categorical fund to provide
  203  supplemental academic instruction to students in kindergarten
  204  through grade 12. This paragraph may be cited as the
  205  “Supplemental Academic Instruction Categorical Fund.”
  206         2. Categorical funds for supplemental academic instruction
  207  shall be allocated annually to each school district in the
  208  amount provided in the General Appropriations Act. These funds
  209  shall be in addition to the funds appropriated on the basis of
  210  FTE student membership in the Florida Education Finance Program
  211  and shall be included in the total potential funds of each
  212  district. These funds shall be used to provide supplemental
  213  academic instruction to students enrolled in the K-12 program.
  214  For the 2014-2015, 2015-2016, 2016-2017, and 2017-2018 fiscal
  215  years year, each school district that has one or more of the 300
  216  lowest-performing elementary schools based on the state reading
  217  assessment shall use these funds, together with the funds
  218  provided in the district’s research-based reading instruction
  219  allocation and other available funds, to provide an additional
  220  hour of instruction beyond the normal school day for each day of
  221  the entire school year, and provide the equivalent hours of
  222  instruction in a summer program, for intensive reading
  223  instruction for the students in each of these schools. In the
  224  subsequent year, if a participating school is no longer
  225  classified as one of the 300 lowest-performing elementary
  226  schools, the school must continue to provide the additional hour
  227  of instruction to all students who have Level 1 or Level 2
  228  reading assessment scores. This additional hour of instruction
  229  must be provided by teachers or reading specialists who are
  230  effective in teaching reading or by a K-5 mentoring reading
  231  program that is supervised by a teacher who is effective at
  232  teaching reading. Students enrolled in these schools who have
  233  level 5 assessment scores may participate in the additional hour
  234  of instruction on an optional basis. Exceptional student
  235  education centers shall not be included in the 300 schools.
  236  After this requirement has been met, supplemental instruction
  237  strategies may include, but are not limited to: modified
  238  curriculum, reading instruction, after-school instruction,
  239  tutoring, mentoring, class size reduction, extended school year,
  240  intensive skills development in summer school, and other methods
  241  for improving student achievement. Supplemental instruction may
  242  be provided to a student in any manner and at any time during or
  243  beyond the regular 180-day term identified by the school as
  244  being the most effective and efficient way to best help that
  245  student progress from grade to grade and to graduate.
  246         3. Effective with the 1999-2000 fiscal year, funding on the
  247  basis of FTE membership beyond the 180-day regular term shall be
  248  provided in the FEFP only for students enrolled in juvenile
  249  justice education programs or in education programs for
  250  juveniles placed in secure facilities or programs under s.
  251  985.19. Funding for instruction beyond the regular 180-day
  252  school year for all other K-12 students shall be provided
  253  through the supplemental academic instruction categorical fund
  254  and other state, federal, and local fund sources with ample
  255  flexibility for schools to provide supplemental instruction to
  256  assist students in progressing from grade to grade and
  257  graduating.
  258         4. The Florida State University School, as a lab school, is
  259  authorized to expend from its FEFP or Lottery Enhancement Trust
  260  Fund allocation the cost to the student of remediation in
  261  reading, writing, or mathematics for any graduate who requires
  262  remediation at a postsecondary educational institution.
  263         5. Beginning in the 1999-2000 school year, dropout
  264  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  265  (b), and (c), and 1003.54 shall be included in group 1 programs
  266  under subparagraph (d)3.
  267         (o) Calculation of additional full-time equivalent
  268  membership based on successful completion of a career-themed
  269  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
  270  courses with embedded CAPE industry certifications or CAPE
  271  Digital Tool certificates, and issuance of industry
  272  certification identified on the CAPE Industry Certification
  273  Funding List pursuant to rules adopted by the State Board of
  274  Education or CAPE Digital Tool certificates pursuant to s.
  275  1003.4203.—
  276         1.a. A value of 0.025 full-time equivalent student
  277  membership shall be calculated for CAPE Digital Tool
  278  certificates earned by students in elementary and middle school
  279  grades.
  280         b. A value of 0.1 or 0.2 full-time equivalent student
  281  membership shall be calculated for each student who completes a
  282  course as defined in s. 1003.493(1)(b) or courses with embedded
  283  CAPE industry certifications and who is issued an industry
  284  certification identified annually on the CAPE Industry
  285  Certification Funding List approved under rules adopted by the
  286  State Board of Education. A value of 0.2 full-time equivalent
  287  membership shall be calculated for each student who is issued a
  288  CAPE industry certification that has a statewide articulation
  289  agreement for college credit approved by the State Board of
  290  Education. For CAPE industry certifications that do not
  291  articulate for college credit, the Department of Education shall
  292  assign a full-time equivalent value of 0.1 for each
  293  certification. Middle grades students who earn additional FTE
  294  membership for a CAPE Digital Tool certificate pursuant to sub
  295  subparagraph a. may not use the previously funded examination to
  296  satisfy the requirements for earning an industry certification
  297  under this sub-subparagraph. Additional FTE membership for an
  298  elementary or middle grades student shall not exceed 0.1 for
  299  certificates or certifications earned within the same fiscal
  300  year. The State Board of Education shall include the assigned
  301  values on the CAPE Industry Certification Funding List under
  302  rules adopted by the state board. Such value shall be added to
  303  the total full-time equivalent student membership for grades 6
  304  through 12 in the subsequent year for courses that were not
  305  provided through dual enrollment. CAPE industry certifications
  306  earned through dual enrollment must be reported and funded
  307  pursuant to s. 1011.80.
  308         c. A value of 0.3 full-time equivalent student membership
  309  shall be calculated for student completion of the courses and
  310  the embedded certifications identified on the CAPE Industry
  311  Certification Funding List and approved by the commissioner
  312  pursuant to ss. 1003.4203(5)(a) and 1008.44.
  313         d. A value of 0.5 full-time equivalent student membership
  314  shall be calculated for CAPE Acceleration Industry
  315  Certifications that articulate for 15 to 29 college credit
  316  hours, and 1.0 full-time equivalent student membership shall be
  317  calculated for CAPE Acceleration Industry Certifications that
  318  articulate for 30 or more college credit hours pursuant to CAPE
  319  Acceleration Industry Certifications approved by the
  320  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
  321         2. Each district must allocate at least 80 percent of the
  322  funds provided for CAPE industry certification, in accordance
  323  with this paragraph, to the program that generated the funds.
  324  This allocation may not be used to supplant funds provided for
  325  basic operation of the program.
  326         3. For CAPE industry certifications earned in the 2013-2014
  327  school year and in subsequent years, the school district shall
  328  distribute to each classroom teacher who provided direct
  329  instruction toward the attainment of a CAPE industry
  330  certification that qualified for additional full-time equivalent
  331  membership under subparagraph 1.:
  332         a. A bonus in the amount of $25 for each student taught by
  333  a teacher who provided instruction in a course that led to the
  334  attainment of a CAPE industry certification on the CAPE Industry
  335  Certification Funding List with a weight of 0.1.
  336         b. A bonus in the amount of $50 for each student taught by
  337  a teacher who provided instruction in a course that led to the
  338  attainment of a CAPE industry certification on the CAPE Industry
  339  Certification Funding List with a weight of 0.2, 0.3, 0.5, and
  340  1.0.
  341         c.A bonus in the amount of $75 for each student taught by
  342  a teacher who provided instruction in a course that led to the
  343  attainment of a CAPE industry certification on the CAPE Industry
  344  Certification Funding List with a weight of 0.3.
  345         d. A bonus in the amount of $100 for each student taught by
  346  a teacher who provided instruction in a course that led to the
  347  attainment of a CAPE industry certification on the CAPE Industry
  348  Certification Funding List with a weight of 0.5 or 1.0.
  349  
  350  Bonuses awarded pursuant to this paragraph shall be provided to
  351  teachers who are employed by the district in the year in which
  352  the additional FTE membership calculation is included in the
  353  calculation. Bonuses shall be calculated based upon the
  354  associated weight of a CAPE industry certification on the CAPE
  355  Industry Certification Funding List for the year in which the
  356  certification is earned by the student. Any bonus awarded to a
  357  teacher under sub-subparagraph 3.a. or sub-subparagraph 3.b.
  358  this paragraph may not exceed $2,000 in any given school year,
  359  and a bonus awarded to a teacher under sub-subparagraph 3.c. or
  360  sub-subparagraph 3.d. may not exceed $4,000 in a given school
  361  year. The maximum bonus that may be awarded to a teacher under
  362  this paragraph is $4,000. This bonus and is in addition to any
  363  regular wage or other bonus the teacher received or is scheduled
  364  to receive.
  365         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  366         (a) The research-based reading instruction allocation is
  367  created to provide comprehensive reading instruction to students
  368  in kindergarten through grade 12. For the 2014-2015, 2015-2016,
  369  2016-2017, and 2017-2018 fiscal years year, in each school
  370  district that has one or more of the 300 lowest-performing
  371  elementary schools based on the state reading assessment,
  372  priority shall be given to providing an additional hour per day
  373  of intensive reading instruction beyond the normal school day
  374  for each day of the entire school year, or provide the
  375  equivalent hours of instruction in a summer program, for the
  376  students in each school. In the subsequent year, if a
  377  participating school is no longer classified as one of the 300
  378  lowest-performing elementary schools, the school must continue
  379  to provide the additional hour of instruction to all students
  380  who have Level 1 or Level 2 reading assessment scores. Students
  381  enrolled in these schools who have level 5 assessment scores may
  382  participate in the additional hour of instruction on an optional
  383  basis. Exceptional student education centers shall not be
  384  included in the 300 schools. The intensive reading instruction
  385  delivered in this additional hour and for other students shall
  386  include: research-based reading instruction that has been proven
  387  to accelerate progress of students exhibiting a reading
  388  deficiency; differentiated instruction based on student
  389  assessment data to meet students’ specific reading needs;
  390  explicit and systematic reading development in phonemic
  391  awareness, phonics, fluency, vocabulary, and comprehension, with
  392  more extensive opportunities for guided practice, error
  393  correction, and feedback; and the integration of social studies,
  394  science, and mathematics-text reading, text discussion, and
  395  writing in response to reading. For the 2012-2013 and 2013-2014
  396  fiscal years, a school district may not hire more reading
  397  coaches than were hired during the 2011-2012 fiscal year unless
  398  all students in kindergarten through grade 5 who demonstrate a
  399  reading deficiency, as determined by district and state
  400  assessments, including students scoring Level 1 or Level 2 on
  401  the statewide, standardized reading assessment or, upon
  402  implementation, the English Language Arts assessment, are
  403  provided an additional hour per day of intensive reading
  404  instruction beyond the normal school day for each day of the
  405  entire school year.
  406         Section 3. (1)State performance funds for the State
  407  University System shall be based on indicators of institutional
  408  attainment of performance metrics adopted by the Board of
  409  Governors. The performance-based funding metrics include, but
  410  are not limited to, metrics that measure graduation and
  411  retention rates; degree production; affordability;
  412  postgraduation employment, salaries, or further education;
  413  student loan default rates; access; and any other metrics
  414  approved by the board.
  415         (2)The Board of Governors shall evaluate the institutions’
  416  performance on the metrics based on benchmarks adopted by the
  417  board which measure the achievement of institutional excellence
  418  or improvement. Each fiscal year, the amount of funds available
  419  for allocation to the institutions based upon the performance
  420  funding model consists of new funding, plus an amount of funds
  421  to be redistributed from the base funding for the State
  422  University System, as determined in the General Appropriations
  423  Act. Base funding shall be restored for all institutions
  424  eligible for new funding under the performance funding model.
  425  Any institution that fails to meet the board’s minimum
  426  performance funding threshold will have a portion of its base
  427  funding withheld and must submit an improvement plan to the
  428  board that specifies the activities and strategies for improving
  429  the institution’s performance.
  430         (3) The Board of Governors must review the improvement
  431  plan, and if it approves the plan, monitor the institution’s
  432  progress on implementing the activities and strategies.
  433         (4) The Chancellor of the State University System shall
  434  withhold disbursement of the base funds until such time as the
  435  monitoring report for the institution is approved by the Board
  436  of Governors. Any institution that fails to make satisfactory
  437  progress will not have its full base funding restored. If all
  438  funds are not restored, any remaining funds shall be
  439  redistributed in accordance with the board’s performance funding
  440  model.
  441         (5)By October 1 of each year, the Board of Governors shall
  442  submit to the Governor, the President of the Senate, and the
  443  Speaker of the House of Representatives a report on the previous
  444  year’s performance funding allocation which reflects the
  445  rankings and award distributions.
  446         (6) The Board of Governors shall adopt a regulation to
  447  implement this section.
  448         Section 4. (1) State performance funds for the Florida
  449  College System shall be based on indicators of institutional
  450  attainment of performance metrics adopted by the State Board of
  451  Education. The performance-based funding metrics include, but
  452  are not limited to, metrics that measure retention; program
  453  completion and graduation rates; student loan default rates; job
  454  placement; post-graduation employment, salaries, or further
  455  education; and any other metrics approved by the board.
  456         (2) The State Board of Education shall evaluate the
  457  institutions’ performance on the metrics based on benchmarks
  458  adopted by the board which measure the achievement of
  459  institutional excellence or improvement. Each fiscal year, the
  460  amount of funds available for allocation to the institutions
  461  based upon the performance funding model consists of new funding
  462  plus an amount of funds to be redistributed from the base
  463  funding for the Florida College System Program Fund, as
  464  determined in the General Appropriations Act. Funding shall be
  465  restored for all institutions eligible for new funding under the
  466  performance funding model. Any institution that fails to meet
  467  the board’s minimum performance funding threshold will have a
  468  portion of its base funding withheld and must submit an
  469  improvement plan to the board that specifies the activities and
  470  strategies for improving the institution’s performance.
  471         (3) The State Board of Education must review the
  472  improvement plan, and if it approves the plan, monitor the
  473  institution’s progress on implementing the specified activities
  474  and strategies.
  475         (4) The Commissioner of Education shall withhold
  476  disbursement of the base funds until such time as the monitoring
  477  report for the institution is approved by the State Board of
  478  Education. Any institution that fails to make satisfactory
  479  progress will not have its full base funding restored. If all
  480  funds are not restored, any remaining funds shall be
  481  redistributed in accordance with the board’s performance funding
  482  model.
  483         (5) By October 1 of each year, the State Board of Education
  484  shall submit to the Governor, the President of the Senate, and
  485  the Speaker of the House of Representatives a report on the
  486  previous year’s performance funding allocation which reflects
  487  the rankings and award distributions.
  488         (6) The State Board of Education shall adopt rules to
  489  implement this section.
  490         Section 5. This act shall take effect July 1, 2015.