House Bill 3389e1
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 A bill to be entitled
2 An act relating to education; creating s.
3 236.08106, F.S., relating to the Excellent
4 Teaching Program; providing legislative
5 findings and intent; authorizing monetary
6 incentives and bonuses for teaching excellence;
7 providing for annual allocations to districts;
8 providing fee subsidies and conditions for
9 repayment of subsidies for participating in the
10 certification program of the National Board of
11 Professional Teaching Standards; requiring the
12 distribution of certain monetary bonuses to
13 teachers; providing eligibility criteria;
14 requiring release time for certain activities;
15 requiring certain district expenditures for
16 professional development of teachers; amending
17 s. 236.081, F.S.; authorizing categorical
18 funding for the Excellent Teaching Program;
19 amending s. 231.173, F.S., relating to
20 certification of experienced out-of-state
21 teachers and administrators; deleting a
22 requirement for superintendents to request
23 certification; providing for issuance of a
24 professional certificate to individuals
25 certified by the National Board of Professional
26 Teaching Standards; conforming provisions;
27 amending s. 231.24, F.S.; authorizing renewal
28 of certificates through national certification;
29 amending s. 110.1099, F.S.; clarifying
30 description of tuition waivers; amending s.
31 246.021, F.S.; clarifying the definition of the
1
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 term "college"; amending s. 246.031, F.S.;
2 revising requirements relating to members of
3 the State Board of Independent Colleges and
4 Universities; amending s. 246.041, F.S.;
5 revising powers and duties of the board;
6 deleting or correcting obsolete references;
7 amending s. 246.084, F.S., relating to colleges
8 receiving an authorization; revising certain
9 requirements; providing for exemption from
10 certain requirements; revising provisions
11 relating to oversight of the review and
12 collection of data for purposes of determining
13 compliance; amending s. 246.085, F.S.; revising
14 provisions relating to issuance of a
15 certificate of exemption; amending s. 246.101,
16 F.S., to conform; amending 246.121, F.S.;
17 correcting obsolete references; amending s.
18 246.31, F.S., relating to the Institutional
19 Assessment Trust Fund; conforming provisions;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 236.08106, Florida Statutes, is
25 created to read:
26 236.08106 Excellent Teaching Program.--
27 (1) The Legislature recognizes that teachers play a
28 critical role in preparing students to achieve the high levels
29 of academic performance expected by the Sunshine State
30 Standards. The Legislature further recognizes the importance
31 of identifying and rewarding teaching excellence and of
2
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 encouraging good teachers to become excellent teachers. The
2 Legislature finds that the National Board of Professional
3 Teaching Standards (NBPTS) has established high and rigorous
4 standards for accomplished teaching and has developed a
5 national voluntary system for assessing and certifying
6 teachers who demonstrate teaching excellence by meeting those
7 standards. It is therefore the Legislature's intent to provide
8 incentives for teachers to seek NBPTS certification and to
9 reward teachers who demonstrate teaching excellence by
10 attaining NBPTS certification and sharing their expertise with
11 other teachers.
12 (2) The Excellent Teaching Program is created to
13 provide categorical funding for monetary incentives and
14 bonuses for teaching excellence. The Department of Education
15 shall allocate and distribute to each school district an
16 amount as prescribed annually by the Legislature for the
17 Excellent Teaching Program. Unless otherwise provided in the
18 General Appropriations Act, each school district's annual
19 allocation shall be the sum of the amounts earned for the
20 following incentives and bonuses:
21 (a) A fee subsidy to be paid by the school district to
22 the NBPTS on behalf of each individual who is an employee of
23 the district school board or a public school within that
24 school district, who is certified by the district to have
25 demonstrated satisfactory teaching performance pursuant to s.
26 231.29 and, who satisfies the prerequisites for participating
27 in the NBPTS certification program, and who agrees, in
28 writing, to pay 10 percent of the NBPTS participation fee and
29 to participate in the NBPTS certification program during the
30 school year for which the fee subsidy is provided. The fee
31 subsidy for each eligible participant shall be an amount equal
3
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 to 90 percent of the fee charged for participating in the
2 NBPTS certification program, but not more than $1,800 per
3 eligible participant. The fee subsidy is a one-time award and
4 may not be duplicated for any individual.
5 (b) A portfolio-preparation incentive of $150 for each
6 teacher employed by the district school board or a public
7 school within the district who is participating in the NBPTS
8 certification program. The portfolio-preparation incentive is
9 a one-time award paid during the school year for which the
10 NBPTS fee subsidy is provided.
11 (c) An annual bonus equal to 10 percent of the prior
12 fiscal year's statewide average salary for classroom teachers
13 to be paid to each individual who holds NBPTS certification
14 and is employed by the district school board or by a public
15 school within that school district. The district school board
16 shall distribute the annual bonus to each individual who meets
17 the requirements of this paragraph and who is certified
18 annually by the district to have demonstrated satisfactory
19 teaching performance pursuant to s. 231.29. The annual bonus
20 may be paid as a single payment or divided into not more than
21 three payments.
22 (d) An annual bonus equal to 10 percent of the prior
23 fiscal year's statewide average salary for classroom teachers
24 to be paid to each individual who meets the requirements of
25 paragraph (c) and agrees, in writing, to provide the
26 equivalent of 12 workdays of mentoring and related services to
27 public school teachers within the district who do not hold
28 NBPTS certification. The district school board shall
29 distribute the annual bonus in a single payment following the
30 completion of all required mentoring and related services for
31 the year. It is not the intent of the Legislature to remove
4
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 excellent teachers from their assigned classrooms, therefore,
2 credit may not be granted by a school district or public
3 school for mentoring or related services provided during the
4 regular school day or during the 196 days of required service
5 for the school year.
6 (e) The district shall receive an amount equal to 50
7 percent of the teacher bonuses provided under paragraph (c)
8 and (d), which shall be used by the district for professional
9 development of teachers. The district must give priority to
10 using all funds received pursuant to this paragraph for
11 professional development of teachers employed at schools
12 identified as performing at critically low levels.
13
14 A teacher for whom the state pays the certification fee and
15 who does not complete the certification program or does not
16 teach in a public school of this state for a least 1 year
17 after completing the certification program must repay the
18 amount of the certification fee to the state. However, a
19 teacher who completes the certification program but fails to
20 be awarded NBPTS certification is not required to repay the
21 amount of the certification fee if the teacher meets the
22 1-year teaching requirement. Repayment is not required of a
23 teacher who does not complete the certification program or
24 fails to fulfill the teaching requirement because of the
25 teacher's death or disability or because of other extenuating
26 circumstances as determined by the State Board of Education.
27 Section 2. Paragraph (a) of subsection (5) of section
28 236.081, Florida Statutes, as amended by chapter 97-380, Laws
29 of Florida, is amended to read:
30 236.081 Funds for operation of schools.--If the annual
31 allocation from the Florida Education Finance Program to each
5
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 district for operation of schools is not determined in the
2 annual appropriations act or the substantive bill implementing
3 the annual appropriations act, it shall be determined as
4 follows:
5 (5) CATEGORICAL PROGRAMS.--The Legislature hereby
6 provides for the establishment of selected categorical
7 programs to assist in the development and maintenance of
8 activities giving indirect support to the programs previously
9 funded. These categorical appropriations may be funded as
10 general and transitional categorical programs. It is the
11 intent of the Legislature that no transitional categorical
12 program be funded for more than 4 fiscal years from the date
13 of original authorization. Such programs are as follows:
14 (a) General.--
15 1. Comprehensive school construction and debt service
16 as provided by law.
17 2. Community schools as provided by law.
18 3. School lunch programs as provided by law.
19 4. Instructional material funds as provided by law.
20 5. Student transportation as provided by law.
21 6. Student development services as provided by law.
22 7. Diagnostic and learning resource centers as
23 provided by law.
24 8. Comprehensive health education as provided by law.
25 9. Excellent Teaching Program as provided by law.
26 (b) Transitional.--
27 1. Bilingual program as provided by law.
28 Section 3. Section 231.173, Florida Statutes, is
29 amended to read:
30 231.173 Successful experienced out-of-state teachers
31 and administrators.--
6
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 (1) Notwithstanding the provisions of ss. 231.02,
2 231.15, and 231.17, and 231.172 or any other provision of law
3 or rule to the contrary, a successful, experienced, and
4 certified out-of-state teacher or administrator qualifies
5 employed in a public school or nonpublic school in this state
6 may qualify for a professional certificate if the applicant:
7 (a)(1) Completes the application process, including
8 the filing of a complete set of fingerprints as required by s.
9 231.02.
10 (b)(2) Holds a valid standard certificate issued by
11 the state where the applicant most recently taught, which
12 standard certificate is equivalent to the professional
13 certificate issued by this state and for which specialization
14 coverage is based on a level of training comparable to that
15 required in this state for the specialization coverage sought
16 by the applicant applicant's area of assignment.
17 (c)(3) Documents 5 years of appropriate successful
18 full-time teaching or administrative experience in another
19 state, including 2 continuous years during the 5-year period
20 immediately preceding the date of application for
21 certification.
22 (2) An out-of-state applicant qualifies for a
23 professional certificate if the applicant meets the
24 requirements of paragraphs (1)(a) and (b) and holds a valid
25 certificate issued by the National Board of Professional
26 Teaching Standards.
27 (4) Submits a request for issuance of the professional
28 certificate from the superintendent of the employing school
29 district or governing authority of the employing developmental
30 research school, state-supported school, or nonpublic school
31
7
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 within the first 120 days of assignment with validation of
2 awareness of the standards of professional practice.
3 (3)(5) The professional certificate issued in
4 accordance with subsection (1) these provisions shall reflect
5 specialization coverages as follows:
6 (a) Teachers.--An applicant A teacher appointed to an
7 academic assignment shall be eligible for the academic
8 coverage in an area in which the teacher is assigned to teach
9 in a public school or nonpublic school in this state or in the
10 area of the applicant's certification by the National Board of
11 Professional Teaching Standards.
12 (b) Principals.--An individual appointed as an intern
13 or interim principal of a public or nonpublic K-12 school in
14 this state shall be eligible for the educational leadership
15 coverage.
16 (c) Administrators of adult education.--An individual
17 appointed as an administrator of an adult education program at
18 a public or nonpublic school in this state shall be eligible
19 for the administration of adult education coverage.
20 (d) Directors of career education.--An individual
21 appointed as a director of career education at a public or
22 nonpublic school in this state shall be eligible for the
23 director of career education coverage.
24 Section 4. Subsection (2) and paragraph (b) of
25 subsection (3) of section 231.24, Florida Statutes, are
26 amended to read:
27 231.24 Process for renewal of professional
28 certificates.--
29 (2) All professional certificates, except a
30 nonrenewable professional certificate, shall be renewable for
31 successive periods not to exceed 5 years after the date of
8
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 submission of documentation of completion of the requirements
2 for renewal provided in subsection (3). Only one renewal may
3 be granted during each 5-year validity period of a
4 professional certificate, except that a teacher with national
5 certification from the National Board for Professional
6 Teaching Standards is deemed to meet state renewal
7 requirements for the life of the teacher's national
8 certificate. However, if the renewal application form is not
9 received by the department or by the employing school district
10 before the expiration of the professional certificate, the
11 application form, application fee, and a late fee must be
12 submitted before July 1 of the year following expiration of
13 the certificate in order to renew the professional
14 certificate. The state board shall adopt rules to allow a
15 1-year extension of the validity period of a professional
16 certificate in the event of serious illness, injury, or other
17 extraordinary extenuating circumstances of the applicant. The
18 department shall grant such 1-year extension upon written
19 request by the applicant or by the superintendent of the local
20 school district or the governing authority of a developmental
21 research school, state-supported school, or nonpublic school
22 that employs the applicant.
23 (3) For the renewal of a professional certificate, the
24 following requirements must be met:
25 (b) In lieu of college course credit or inservice
26 points, the applicant may renew a specialization area by
27 passage of a state board approved subject area test, by
28 completion of the national certification from the National
29 Board for Professional Teaching Standards in that
30 specialization area, or by completion of a department approved
31 summer work program in a business or industry directly related
9
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 to an area of specialization listed on the certificate. The
2 state board shall adopt rules providing for the approval
3 procedure.
4 Section 5. Subsection (1) of section 110.1099, Florida
5 Statutes, is amended to read:
6 110.1099 Education and training opportunities for
7 state employees.--
8 (1) Education and training are an integral component
9 in improving the delivery of services to the public.
10 Recognizing that the application of productivity-enhancing
11 technology and practice demand continuous educational and
12 training opportunities, state employees may be authorized to
13 receive fundable tuition waivers on a space-available basis or
14 vouchers to attend work-related courses at public
15 universities. Student credit hours generated by state employee
16 fee waivers shall be fundable credit hours.
17 Section 6. Subsection (4) of section 246.021, Florida
18 Statutes, is amended to read:
19 246.021 Definitions.--As used in ss. 246.011-246.151,
20 unless the context otherwise requires:
21 (4) "College" means any educational entity which
22 confers or offers to confer a degree or which furnishes or
23 offers to furnish instruction leading toward, or prerequisite
24 to, college credit or a degree beyond the secondary level. The
25 term includes any nonpublic college chartered in this state
26 and any Florida center or branch campus of an out-of-state
27 college.
28 Section 7. Subsection (2) of section 246.031, Florida
29 Statutes, is amended to read:
30 246.031 State Board of Independent Colleges and
31 Universities.--
10
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 (2) The State Board of Independent Colleges and
2 Universities shall consist of nine citizens who are residents
3 of this state, a majority of whom represent nonpublic
4 independent colleges and universities within the state. For
5 terms beginning after October 1, 1992, Members shall be
6 residents of the state, selected from the state at large and.
7 Members shall be appointed by the Governor and confirmed by
8 the Senate. To be consistent with an independent rulemaking
9 board, members, except members appointed pursuant to paragraph
10 (e), must be employees, consultants, board members, or
11 trustees of a nonpublic college or university that is under
12 the State Board of Independent Colleges and Universities. At
13 least one member must be appointed from each of the following
14 categories:
15 (a) A college or university holding a certificate of
16 exemption from licensure pursuant to s. 246.085(1)(a) and
17 accredited by a regional accrediting agency.
18 (b) A college or university holding a certificate of
19 exemption from licensure pursuant to s. 246.085(1)(a) and
20 accredited by a national accrediting agency.
21 (c) A college or university licensed by the board
22 pursuant to s. 246.087.
23 (d) A college or university holding a certificate of
24 exemption from licensure pursuant to s. 246.085(1)(b) or a
25 college or university issued an authorization pursuant to s.
26 246.084.
27 (e) Lay citizens of the state who derive no income
28 from a nonpublic college or university.
29
30 Accreditation of an institution pursuant to the requirements
31 of this subsection must be by a regional or national
11
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 accrediting agency recognized by the United States Department
2 of Education.
3 Section 8. Paragraphs (q) and (r) of subsection (1)
4 and paragraph (g) of subsection (2) of section 246.041,
5 Florida Statutes, are amended to read:
6 246.041 Powers and duties of board.--
7 (1) The board shall:
8 (q) To ensure comparability with licensure standards,
9 review at least biennially the accreditation standards of
10 agencies listed in s. 246.085(1)(a), and upon request and
11 payment of an initial review fee, other accrediting agencies
12 recognized by the United States Department of Education.
13 Annually review the accreditation standards of the Commission
14 on Colleges of the Southern Association of Colleges and
15 Schools, the Accrediting Council for Independent Colleges and
16 Schools at the junior or senior college of business level, and
17 the American Association of Bible Colleges, the Transnational
18 Association of Christian Colleges and Schools, and, upon
19 request, other Commission on Recognition of Postsecondary
20 Accreditation and United States Department of Education
21 recognized accrediting associations, to determine for each of
22 these accrediting bodies the comparability of the
23 accreditation standards with the minimum licensing
24 requirements of the board.
25 (r) Provide information and documentation on an annual
26 basis to the Office of Student Financial Assistance of the
27 Department of Education regarding the requirements set forth
28 for nonpublic colleges in s. 240.605, relating to Florida
29 resident access grants, s. 240.6055 240.607, relating to
30 access grants for community college graduates, and s. 240.609,
31 relating to Florida postsecondary endowment grants.
12
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 (2) The board may:
2 (g) Following evaluation by the board, recommend to
3 the Legislature any changes to the accrediting associations
4 included in s. 246.085(1)(a). Accrediting associations
5 included in s. 246.085(1)(a) shall be Commission on
6 Recognition of Postsecondary Accreditation or United States
7 Department of Education recognized accrediting associations
8 whose standards are comparable with state licensing standards.
9 Section 9. Section 246.084, Florida Statutes, is
10 amended to read:
11 246.084 Authorization.--
12 (1) A nonpublic college which enrolls students, none
13 of whom receive state or federal financial aid for education,
14 shall not be required to apply for a license upon compliance
15 with this section and submission of data required by this
16 section provided that none of the students of such college who
17 are enrolled in Florida receive state or federal financial aid
18 for education.
19 (a) Colleges receiving authorization under this
20 section may only offer educational programs that prepare
21 students for religious vocations as ministers, professionals,
22 or laypersons in the following categories: ministry,
23 counseling, theology, education, administration, music, fine
24 arts, media communications, and social work.
25 (b) The religious vocation must predominantly appear
26 on the face of the degree and on the college's transcript.
27 (c) The titles of degrees issued by the college must
28 include a religious modifier which must immediately precede,
29 or be included within, any of the following titles: Associate
30 in Arts, Associate in Science, Bachelor of Arts, Bachelor of
31 Science, Master of Arts, Master of Science, and Doctor of
13
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 Philosophy. The religious modifier must be placed on the title
2 line of the degree.
3 (d) For purposes of this section, one semester credit
4 hour of study is 15 academic hours or its equivalent. The
5 following minimum credit hours are required for awarding the
6 following degrees:
7 1. Associate degree, with no fewer than 60 semester
8 hours or the equivalent.
9 2. Bachelor's degree, with no fewer than 120 semester
10 hours or the equivalent.
11 3. Master's degree, with no fewer than 24 semester
12 hours, or the equivalent, beyond the bachelor's degree.
13 4. Doctoral degree, with no fewer than 60 semester
14 hours, or the equivalent, beyond the bachelor's degree.
15 (e) The following data must be submitted annually to
16 the board: college name, address, telephone number, and
17 accreditation, if any; denomination, church, or religious
18 affiliation; list of all degree titles with their religious
19 vocation major; and a current copy of the college's catalog
20 and consumer practice information listed in paragraph (f).
21 (f) The board shall collect annually from each college
22 authorized pursuant to this section the following descriptive
23 inventory of consumer practices:
24 1. A description of the college's policies and
25 procedures regarding the recruitment and admission of
26 students.
27 2. The sources and kinds of financial assistance
28 available and the specific manner by which students are
29 informed of their responsibilities with respect to receiving
30 assistance and repaying loans.
31
14
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 3. The placement assistance provided by the college,
2 including any claims concerning job placement rates.
3 4. Copies of all advertising published on behalf of
4 the college during the previous year. If the college claims
5 accreditation, it shall indicate whether or not that
6 accreditation is approved by the United States Department of
7 Education and if such accreditation is disclosed in all
8 advertisements.
9 5. A copy of the college's refund policy. The refund
10 policy must provide students with a minimum of 3 working days
11 from the date a student signs an enrollment contract or
12 financial agreement with a college for the student to cancel
13 the contract and receive a full refund of any tuition or
14 registration fees paid. The refund policy must be prominently
15 displayed on the contract form.
16 6. Evidence that the college has provided its students
17 with a clear and specific statement regarding the
18 transferability of credits to and from other colleges,
19 institutes, seminaries, and universities.
20 (g) The college shall include with the data required
21 by paragraphs (e) and (f), a sworn affidavit, signed by its
22 chief administrative officer, affirming that the information
23 submitted is accurate and no false data has knowingly and
24 willingly been submitted, that the policies reported are
25 provided in writing to all prospective students at least 1
26 week before enrollment or collection of tuition fees, that the
27 college observes the policies and practices as reported to the
28 board, and that it complies with this section.
29 (h) The board shall set an annual review date for
30 receiving data and assuring compliance with this section. The
31 board shall give a college 60 days' notification of the annual
15
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 review date. After providing 30 days' notification, the board
2 may impose a fine for every month the college receiving
3 authorization under this section fails to provide the data
4 required by paragraphs (e) and (f). The postmark on the
5 envelope or package containing the notification serves as the
6 date of notification.
7 (i) The following information must appear in the
8 college's catalog or administrative bulletin: denomination,
9 church, or religious affiliation; purpose or mission of the
10 college; a list and description of all courses of study; a
11 list of course descriptions; a list of all faculty members
12 with their degrees; administrative officers and staff; all
13 fees, charges, nonrefundable fees, and tuition; refund
14 policies; transferability of credits to and from other
15 colleges; accreditation, if any; whether or not the
16 accrediting agency is recognized by the United States
17 Department of Education; and the college's authorization
18 status. A college receiving authorization under this section
19 shall include the following statement in the purpose, mission,
20 accreditation, or recognition statement in the catalog to
21 clarify its statutory existence: "The degree programs of this
22 college are designed solely for religious vocations."
23 (j) The name of the college shall include a religious
24 modifier or the name of a religious patriarch, saint, person,
25 or symbol of the church.
26 (2) A nonpublic college shall be exempt from the
27 requirements of paragraphs (1)(b) and (c) if it complies with
28 all other provisions of this section and with the minimum
29 standards for licensure as provided for in rule. Verification
30 of compliance with this section shall be accomplished by one
31 of the following methods:
16
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 (a) By submission to the board of a finding of
2 compliance by a group of individuals forming an education
3 association pursuant to the following requirements:
4 1. Members of the association are citizens of the
5 State of Florida.
6 2. The association is based in, and operates in, the
7 State of Florida.
8 3. Members designated by the association shall receive
9 training from the board staff, including participating in the
10 evaluation of a minimum of two licensure cycles from initial
11 application through regular licensure, complete with site
12 visits and related board meetings. The association shall pay
13 its members' expenses for training. Association members shall
14 be exempt from these training requirements if the board
15 determines that they have experience reviewing institutions
16 with standards as rigorous as the board's minimum standards
17 for licensure.
18 4. No more than two members of the review team shall
19 derive income from the same nonpublic postsecondary collegiate
20 institution or nonpublic postsecondary education association.
21 5. No member of the review team shall derive income
22 from the institution being reviewed.
23 6. At least three members of the review team must have
24 a minimum of 3 years' experience in postsecondary collegiate
25 administration and have experience implementing standards as
26 rigorous as the board's minimum standards for licensure.
27
28 For each nonpublic college reviewed by the association, the
29 association shall submit to the board a copy of all data
30 required by statute and rule related to minimum standards for
31 licensure. Such data shall be submitted at least 30 days
17
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 prior to the college's annual review date assigned by the
2 board.
3 (b) By submission to the board of evidence of
4 accreditation by a regional or national accrediting agency
5 that is recognized by the United States Department of
6 Education.
7 (c) By a finding of compliance by the board.
8 Notwithstanding the provisions of paragraph (1)(c), a college
9 which complies with the provisions of this section and submits
10 to the board a sworn affidavit from a group formed pursuant to
11 s. 246.041(1)(f), certifying that the college complies with
12 the minimum standards for licensure as provided for in rule,
13 is not required to include a religious modifier in the title
14 of degrees issued by the college.
15 (3) The board shall enter into an agreement with a
16 group of individuals forming an education association to
17 oversee the review and collection of the data submitted
18 pursuant to this section. However, nonpublic colleges and
19 universities subject to this section may choose at any time to
20 be under the State Board of Independent Colleges and
21 Universities for review and collection of data. The
22 association authorized by the board shall meet the following
23 qualifications:
24 (a) Members of the association must be citizens of the
25 State of Florida.
26 (b) The association shall be based in, and operate in,
27 the State of Florida.
28 (c) Members designated by the association shall
29 receive training from the board staff, including participating
30 in the evaluation of a minimum of two authorization
31 applications, complete with site visits and related board
18
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 meetings. The association shall pay its members' expenses for
2 training. Association members shall be exempt from these
3 training requirements if the board determines that they have
4 experience reviewing institutions with standards as rigorous
5 as the board's minimum standards for authorization.
6 (d) No more than two members of the review team shall
7 derive income from the same nonpublic postsecondary collegiate
8 institution or nonpublic postsecondary education association.
9 (e) No member of the review team shall derive income
10 from the institution being reviewed.
11 (f) At least three members of the review team must
12 have a minimum of 3 years' experience in postsecondary
13 collegiate administration and have experience implementing
14 standards as rigorous as the board's minimum standards for
15 authorization.
16
17 For each nonpublic college reviewed by the association, the
18 association shall submit to the board a copy of all data
19 required by statute related to standards for authorization.
20 Such data shall be submitted at least 30 days prior to the
21 college's annual review date assigned by the board.
22 (4)(3) The burden of determining compliance with this
23 section shall rest with the board. Pursuant to s.
24 246.041(1)(f), the board may enter into an agreement with an
25 individual or group of individuals to oversee the review and
26 collection of the data submitted pursuant to this section. The
27 board may require further evidence and make such further
28 investigation, in addition to the information submitted, as
29 may be reasonably necessary in the board's judgment.
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 (5)(4) If the board determines that a college meets
2 the requirements of this section, the board shall issue the
3 college an authorization.
4 (6)(5) If at any time a college receiving
5 authorization under this section fails to comply with this
6 section, it shall be required to apply for a license pursuant
7 to s. 246.081 within 30 days of the board's final action
8 finding that the college is not authorized under this section.
9 Final actions by the board may be taken only after two
10 consecutive quarterly meetings. A notice of noncompliance
11 with the specific requirements of this section shall precede
12 the two quarterly meetings. A final noncompliance
13 notification shall be sent by certified mail 30 days prior to
14 the final action.
15 Section 10. Subsection (1) of section 246.085, Florida
16 Statutes, is amended to read:
17 246.085 Certificate of exemption.--
18 (1) As an alternative to applying for a license from
19 the board, the following nonpublic colleges may apply for a
20 certificate of exemption from the board:
21 (a) Colleges chartered in Florida and accredited by:
22 1. The Commission on Colleges of the Southern
23 Association of Colleges and Schools;
24 2. The Accrediting Council for Independent Colleges
25 and Schools at the junior or senior college of business level;
26 3. The Accrediting American Association of Bible
27 Colleges;
28 4. The Transnational Association of Christian Colleges
29 and Schools; or
30 5. An agency recognized by the United States
31 Department of Education Commission on Recognition of
20
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 Postsecondary Accreditation to accredit professional degree
2 programs above the baccalaureate level when such agency has
3 been evaluated pursuant to s. 246.041(1)(q) and determined by
4 the board to have standards at least comparable to the board's
5 licensure standards. A nonpublic college holding a
6 certificate of exemption under this subparagraph shall only
7 offer the degree program which is specifically covered in the
8 grant of accreditation.
9
10 Each nonpublic college seeking exemption pursuant to this
11 paragraph shall submit to the board a current catalog and a
12 letter from the recognized accrediting agency by whom the
13 college is accredited, confirming the current accredited
14 status of the college.
15 (b) Colleges chartered in this state, the credits or
16 degrees of which are accepted for credit by at least three
17 colleges that are fully accredited by an agency recognized by
18 the United States Department of Education a member of the
19 Commission on Recognition of Postsecondary Accreditation,
20 which were exempt through this category of exemption prior to
21 July 1, 1982, and which enroll no students who receive any
22 state or federal financial aid for education. Each college
23 seeking exemption pursuant to this paragraph shall submit to
24 the board a current catalog and letters from the three
25 colleges confirming acceptance of the credits.
26 Section 11. Paragraph (h) of subsection (5) of section
27 246.101, Florida Statutes, is amended to read:
28 246.101 Fees.--
29 (5) The board shall assess fees to defray the cost of
30 workload for board activities that are specific to certain
31 colleges. Such workload activities must relate to:
21
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 (h) Review and collection of data submitted pursuant
2 to s. 246.084 when the review and collection is performed by
3 the board rather than an individual or group pursuant to s.
4 246.084(3).
5 Section 12. Section 246.121, Florida Statutes, is
6 amended to read:
7 246.121 Designation "college" or "university".--
8 (1) The use of the title "college" or "university" in
9 combination with any series of letters, numbers, or words is
10 restricted in this state to colleges as defined in s. 246.021
11 which offer degrees as defined in s. 246.021 and fall into at
12 least one of the following categories:
13 (a) A Florida public college, public or nonpublic,
14 accredited by:
15 1. The Commission on Colleges of the Southern
16 Association of Colleges and Schools;
17 2. The Accrediting Commission for Independent Colleges
18 and Schools of the Career College Association at the junior or
19 senior college of business level;
20 3. The American Association of Bible Colleges; or
21 4. An agency recognized by the United States
22 Department of Education to accredit professional degree
23 programs above the baccalaureate level.
24 (b) A Florida or out-of-state college which has been
25 in active operation and using the name since April 1, 1970.
26 (c) A college for which the board has issued a
27 license, a certificate of exemption, or an authorization
28 pursuant to the provisions of this chapter Colleges chartered
29 in this state the credits or degrees of which are accepted for
30 credit by at least three colleges that are fully accredited by
31 a member of the Commission on Recognition of Postsecondary
22
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 Accreditation, which were exempt prior to July 1, 1982, and
2 which enroll no students who receive any state or federal
3 financial aid for education.
4 (2) A college for which the board has issued a license
5 or a certificate of exemption may use the title "college" or
6 "university" in combination with any series of letters,
7 numbers, or words if the college meets the standards set by
8 rule for use of the title "college" or "university," and if
9 the college has received approval by the board to use such
10 title.
11 (2)(3) If such a college is approved under subsection
12 (1) (2) to use the designation "college" or "university," a
13 branch or extension of that college may use the name of the
14 parent college, but shall include an indication of the
15 location of the branch or extension.
16 (3)(4) Any entity offering postsecondary educational
17 courses or programs of study beyond the elementary school
18 level in Florida, whether or not college credit is awarded,
19 shall be subject to the provisions of this section.
20 (4)(5) An entity shall not use the term "college" or
21 "university" in its name in Florida without approval by the
22 board, unless the board determines that its name is clearly
23 and accurately descriptive of the services provided by the
24 entity and is not one that may mislead the public.
25 Section 13. Paragraph (c) of subsection (2) of section
26 246.31, Florida Statutes, is amended to read:
27 246.31 Institutional Assessment Trust Fund.--
28 (2) Funds from the trust fund shall be used for
29 purposes including, but not limited to, the following:
30 (c) Educational programs for the benefit of current
31 and prospective owners, administrators, agents, authorized
23
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3389, First Engrossed
1 groups of individuals, and faculty of institutions receiving a
2 license, a certificate of exemption, or an authorization
3 licensed by the board.
4 Section 14. This act shall take effect July 1 of the
5 year in which enacted.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
24