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The Florida Senate

2004 Florida Statutes

General powers of State Board of Education.
Section 1001.02, Florida Statutes 2004

1001.02  General powers of State Board of Education.--

(1)  The State Board of Education is the chief implementing and coordinating body of public education in Florida, and it shall focus on high-level policy decisions. It has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon it for the improvement of the state system of K-20 public education. Except as otherwise provided herein, it may, as it finds appropriate, delegate its general powers to the Commissioner of Education or the directors of the divisions of the department.

(2)  The State Board of Education has the following duties:

(a)  To adopt comprehensive educational objectives for public education.

(b)  To adopt comprehensive long-range plans and short-range programs for the development of the state system of public education.

(c)  To exercise general supervision over the divisions of the Department of Education as necessary to ensure coordination of educational plans and programs and resolve controversies and to minimize problems of articulation and student transfers, to ensure that students moving from one level of education to the next have acquired competencies necessary for satisfactory performance at that level, and to ensure maximum utilization of facilities.

(d)  To adopt for state universities and community colleges, and from time to time modify, minimum and uniform standards of college-level communication and computation skills generally associated with successful performance and progression through the baccalaureate level and to identify college-preparatory high school coursework and postsecondary-level coursework that prepares students with the academic skills necessary to succeed in postsecondary education.

(e)  To adopt and submit to the Governor and Legislature, on or before September 1 of each year, a coordinated K-20 education budget that estimates the expenditure requirements for the State Board of Education, including the Department of Education, the Commissioner of Education, and all of the boards, institutions, agencies, and services under the general supervision of the State Board of Education for the ensuing fiscal year. Any program recommended by the State Board of Education which will require increases in state funding for more than 1 year must be presented in a multiyear budget plan.

(f)  To hold meetings, transact business, keep records, adopt a seal, and perform such other duties as may be necessary for the enforcement of all laws and rules relating to the state system of public education.

(g)  To approve plans for cooperating with the Federal Government.

(h)  To approve plans for cooperating with other public agencies in the development of rules and in the enforcement of laws for which the state board and such agencies are jointly responsible.

(i)  To review plans for cooperating with appropriate nonpublic agencies for the improvement of conditions relating to the welfare of schools.

(j)  To create such subordinate advisory bodies as are required by law or as it finds necessary for the improvement of education.

(k)  To constitute any education bodies or other structures as required by federal law.

(l)  To assist in the economic development of the state by developing a state-level planning process to identify future training needs for industry, especially high-technology industry.

(m)  To assist in the planning and economic development of the state by establishing a clearinghouse for information on educational programs of value to economic development.

(n)  To adopt cohesive rules pursuant to ss. 120.536(1) and 120.54, within statutory authority, for education systemwide issues.

(o)  To authorize the allocation of resources in accordance with law and rule.

(p)  To contract with independent institutions accredited by an agency whose standards are comparable to the minimum standards required to operate a postsecondary educational institution at that level in the state. The purpose of the contract is to provide those educational programs and facilities which will meet needs unfulfilled by the state system of public postsecondary education.

(q)  To recommend that a district school board take action consistent with the state board's decision relating to an appeal of a charter school application.

(r)  To enforce systemwide education goals and policies.

(s)  To establish a detailed procedure for the implementation and operation of a systemwide K-20 technology plan that is based on a common set of data definitions.

(t)  To establish accountability standards for existing legislative performance goals, standards, and measures, and order the development of mechanisms to implement new legislative goals, standards, and measures.

(u)  To adopt criteria and implementation plans for future growth issues, such as new colleges and universities and campus mergers, and to provide for cooperative agreements between and within public and private education sectors.

(v)  To develop, and periodically review for adjustment, a coordinated 5-year plan for postsecondary enrollment and annually submit the plan to the Legislature.

(w)  To approve a new program at the professional level or doctoral level, if:

1.  The university has taken into account the need and demand for the program, the university's mission, and similar program offerings by public and nonpublic counterparts.

2.  The addition of the program will not alter the university's emphasis on undergraduate education.

(x)  To review, and approve or disapprove, degree programs identified as unique pursuant to s. 1007.25

(y)  To recommend to the Legislature a plan for implementing block tuition programs and providing other incentives to encourage students to graduate within 4 years.

(3)  The State Board of Education shall adopt rules to establish the criteria for assigning, reviewing, and removing limited-access status to an educational program. The State Board of Education shall monitor the extent of limited-access programs within the state universities and report to the Legislature admissions and enrollment data for limited-access programs. Such report shall be submitted annually by December 1 and shall assist in determining the potential need for academic program contracts with independent institutions pursuant to paragraph (2)(p). The report must specify, for each limited-access program within each institution, the following categories, by race and gender:

(a)  The number of applicants.

(b)  The number of applicants granted admission.

(c)  The number of applicants who are granted admission and enroll.

(d)  The number of applicants denied admission.

(e)  The number of applicants neither granted admission nor denied admission.

Each category must be reported for each term. Each category must be reported by type of student, including the following subcategories: native students, community college associate in arts degree transfer students, and other students. Each category and subcategory must further be reported according to the number of students who meet or exceed the minimum eligibility requirements for admission to the program and the number of students who do not meet or exceed the minimum eligibility requirements for admission to the program.

(4)  The State Board of Education shall review, and approve or disapprove, baccalaureate-degree programs that exceed 120 semester hours, after considering accreditation requirements, employment and earnings of graduates, comparative program lengths nationally, and comparisons with similar programs offered by independent institutions. By December 31 of each year, the State Board of Education must report to the Legislature any degrees in the state universities that require more than 120 hours, along with appropriate evidence of need. At least every 5 years, the State Board of Education must determine whether the programs still require more than the standard length of 120 hours.

(5)(a)  The State Board of Education shall adopt a systemwide strategic plan that specifies goals and objectives for the state universities and community colleges. In developing this plan, the State Board of Education shall consider the role of individual public and independent institutions within the state. The plan shall provide for the roles of the universities and community colleges to be coordinated to best meet state needs and reflect cost-effective use of state resources. The strategic plan must clarify mission statements and identify degree programs to be offered at each university and community college in accordance with the objectives provided in this subsection. The systemwide strategic plan must cover a period of 5 years, with modification of the program lists after 2 years. Development of each 5-year plan must be coordinated with and initiated after completion of the master plan. The systemwide and university and community college strategic plans must specifically include programs and procedures for responding to the educational needs of teachers and students in the public schools of this state. The state board shall submit a report to the President of the Senate and the Speaker of the House of Representatives upon modification of the system plan.

(b)  The State Board of Education shall develop long-range plans and annual reports for financial aid in this state. The long-range plans shall establish goals and objectives for a comprehensive program of financial aid for Florida students and shall be updated every 5 years. The annual report shall include an assessment of progress made in achieving goals and objectives established in the long-range plans and recommendations for repealing or modifying existing financial aid programs or establishing new programs. A long-range plan shall be submitted by January 1, 2004, and every 5 years thereafter. An annual report shall be submitted on January 1, 2004, and in each successive year that a long-range plan is not submitted, to the President of the Senate and the Speaker of the House of Representatives.

(6)  The State Board of Education shall coordinate the programs with the Council for Education Policy Research and Improvement, including doctoral programs. The programs shall be reviewed every 5 years or whenever the state board determines that the effectiveness or efficiency of a program is jeopardized. The State Board of Education shall define the indicators of quality and the criteria for program review for every program. Such indicators include need, student demand, industry-driven competencies for advanced technology and related programs, and resources available to support continuation. The results of the program reviews must be tied to the university and community college budget requests.

(7)  The State Board of Education shall:

(a)  Provide for each community college to offer educational training and service programs designed to meet the needs of both students and the communities served.

(b)  Specify, by rule, procedures to be used by the boards of trustees in the annual evaluations of presidents and review the evaluations of presidents by the boards of trustees.

(c)  Establish an effective information system that will provide composite data concerning the community colleges and state universities and ensure that special analyses and studies concerning the institutions are conducted, as necessary, for provision of accurate and cost-effective information concerning the institutions.

(d)  Establish criteria for making recommendations for modifying district boundary lines for community colleges.

(e)  Establish criteria for making recommendations concerning all proposals for the establishment of additional centers or campuses for community colleges and state universities.

(f)  Examine the annual administrative review of each community college and state university.

(g)  Specify, by rule, the degree program courses that may be taken by students concurrently enrolled in college-preparatory instruction.

(h)  Adopt and submit to the Legislature a 3-year list of priorities for fixed-capital-outlay projects.

(8)  The State Board of Education is responsible for reviewing and administering the state program of support for the community colleges and, subject to existing law, shall establish the tuition and out-of-state fees for college-preparatory instruction and for credit instruction that may be counted toward an associate in arts degree, an associate in applied science degree, or an associate in science degree.

(9)  The State Board of Education shall prescribe minimum standards, definitions, and guidelines for community colleges and state universities that will ensure the quality of education, coordination among the community colleges and state universities, and efficient progress toward accomplishing the community college and state university mission. At a minimum, these rules must address:

(a)  Personnel.

(b)  Contracting.

(c)  Program offerings and classification, including college-level communication and computation skills associated with successful performance in college and with tests and other assessment procedures that measure student achievement of those skills. The performance measures must provide that students moving from one level of education to the next acquire the necessary competencies for that level.

(d)  Provisions for curriculum development, graduation requirements, college calendars, and program service areas. These provisions must include rules that:

1.  Provide for the award of an associate in arts degree to a student who successfully completes 60 semester credit hours at the community college.

2.  Require all of the credits accepted for the associate in arts degree to be in the statewide course numbering system as credits toward a baccalaureate degree offered by a state university.

3.  Require no more than 36 semester credit hours in general education courses in the subject areas of communication, mathematics, social sciences, humanities, and natural sciences.

The rules should encourage community colleges to enter into agreements with state universities that allow community college students to complete upper-division-level courses at a community college. An agreement may provide for concurrent enrollment at the community college and the state university and may authorize the community college to offer an upper-division-level course or distance learning.

(e)  Student admissions, conduct and discipline, nonclassroom activities, and fees.

(f)  Budgeting.

(g)  Business and financial matters.

(h)  Student services.

(i)  Reports, surveys, and information systems, including forms and dates of submission.

History.--s. 20, ch. 2002-387.