House Bill 0765e1

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                                           HB 765, First Engrossed



  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         providing legislative findings and intent;

  4         creating the site-determined baccalaureate

  5         degree access program; authorizing funding;

  6         providing requirements for the use of such

  7         funds; providing for participation by community

  8         colleges and 4-year postsecondary institutions;

  9         specifying duties of the Postsecondary

10         Education Planning Commission; specifying

11         funding levels; requiring program reviews and

12         evaluation; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Site-determined baccalaureate degree access

17  program; funding.--

18         (1)  The Legislature recognizes that public and private

19  postsecondary education institutions play essential roles in

20  improving the quality of life and economic well-being of the

21  state and its residents. The Legislature also recognizes that

22  economic development needs and the educational needs of

23  place-bound, nontraditional students have increased the demand

24  for local access to baccalaureate degree programs. In some,

25  but not all, geographic regions, baccalaureate degree programs

26  are being delivered successfully at the local community

27  college through agreements between the community college and

28  4-year postsecondary institutions within or outside of the

29  state.  It is therefore the intent of the Legislature to apply

30  this concept in the creation and funding of a program that

31  supports local economic development and responds to public


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                                           HB 765, First Engrossed



  1  demand for increased access to baccalaureate degrees in areas

  2  of the state that are underserved by 4-year institutions.

  3         (2)  Categorical funding is authorized for the

  4  site-determined baccalaureate degree access program created by

  5  this section. Funds may not be used to support the

  6  construction, renovation, or remodeling of facilities. This

  7  program is voluntary and does not preclude other mutually

  8  agreed upon arrangements between community colleges and 4-year

  9  institutions for the delivery of baccalaureate degrees on

10  community college sites.

11         (3)  Each community college wishing to participate in

12  the site-determined baccalaureate degree access program must:

13         (a)  Identify baccalaureate degree programs that are

14  not currently offered at the community college but are

15  proposed for delivery at the college to meet the academic and

16  economic development needs of one or more communities within

17  the college's service area. When assessing local needs, the

18  college should seek input from the appropriate chamber of

19  commerce, workforce development council, and other civic and

20  business groups. As used in this section, the term "economic

21  development" means entrepreneurial efforts, the attraction of

22  new business and industry to the area, and the expansion of

23  existing business and industry.

24         (b)  Determine the number of students interested in

25  pursuing each proposed baccalaureate degree program and

26  identify the enrollment patterns, any special characteristics

27  of those students, and any unique combination or modification

28  of course offerings that may be necessary to meet student

29  enrollment needs.

30         (c)  Submit a proposal to the Postsecondary Education

31  Planning Commission requesting validation of the need for the


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                                           HB 765, First Engrossed



  1  proposed baccalaureate degree program and tentative approval

  2  for program funding. The proposal must include:

  3         1.  A description of each proposed baccalaureate degree

  4  program identifying the junior-level and senior-level courses

  5  to be offered and designating whether the program should be

  6  offered for a cohort group or as an ongoing degree program.

  7         2.  Evidence that local occupational forecasts support

  8  the existence of jobs for graduates of the proposed

  9  baccalaureate degree programs.

10         3.  An estimated number of students to be served by

11  each proposed degree program.

12         4.  An assurance that the community college's existing

13  facilities are sufficient to meet the additional demands for

14  classroom and laboratory space for the proposed degree

15  programs.

16         5.  Evidence that the college has requested the

17  participation of no fewer than three regionally accredited

18  4-year postsecondary institutions, including at least one

19  member of the State University System.  Any member of the

20  State University System and any independent, regionally

21  accredited, 4-year institution that is chartered in, and has

22  its primary campus located in, Florida may be a partner in a

23  site-determined baccalaureate degree access program at any

24  community college.

25         6.  A tentative agreement between the community college

26  and the 4-year postsecondary institution selected to offer the

27  upper-level courses leading to the proposed degree or degrees.

28         7.  Any additional provisions that the Postsecondary

29  Education Planning Commission considers pertinent to the

30  proposal.

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                                           HB 765, First Engrossed



  1         (4)  The Postsecondary Education Planning Commission,

  2  after soliciting comments from the Board of Regents and the

  3  State Board of Community Colleges, shall validate the need for

  4  each baccalaureate degree program proposed for delivery

  5  according to this section and shall notify the community

  6  college that its proposal has been approved or rejected.  The

  7  commission shall establish procedures for the timely

  8  submission, review, and approval of the proposals and

  9  agreements required by this section. These procedures must be

10  designed to allow the initiation of approved baccalaureate

11  degree programs at least 3 times each fiscal year.

12         (5)  Once the Postsecondary Education Planning

13  Commission validates the need for the proposed baccalaureate

14  degree program and notifies the community college that its

15  proposal has been approved, the community college shall

16  finalize an agreement with the regionally accredited, public

17  or nonpublic, 4-year postsecondary institution selected to

18  provide the upper-level instructional services in the approved

19  baccalaureate degree program. The commission shall identify

20  the common aspects that each agreement must address,

21  including, but not limited to:

22         (a)  A course delivery pattern based on the student

23  enrollment patterns and characteristics included in the

24  approved proposal.

25         (b)  An articulation provision that guarantees

26  acceptance of students who hold an associate in arts or

27  associate in science degree and satisfy any other

28  prerequisites for admission to the specific baccalaureate

29  degree program.

30         (c)  The provision of library services and student

31  support services.


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                                           HB 765, First Engrossed



  1         (d)  An agreement that the participating 4-year

  2  postsecondary institution will continue offering instructional

  3  services at least until all qualified members of the initial

  4  group of students have had an opportunity to complete the

  5  degree program.

  6         (e)  The specific and measurable performance criteria

  7  that the Postsecondary Education Planning Commission may use

  8  to evaluate the outcomes and outputs of the baccalaureate

  9  degree program within an identified timeframe.

10         (f)  An agreement that in-state student tuition for the

11  degree program will not exceed the matriculation fee for the

12  State University System unless the proposal approved by the

13  Postsecondary Education Planning Commission allows the

14  participating institutions to charge differentiated tuition

15  and fees to encourage student attendance and participation.

16  Out-of-state students shall pay full costs.  Notwithstanding

17  section 240.605, Florida Statutes, students participating in a

18  site-determined baccalaureate degree program may not receive a

19  Florida Resident Access Grant.

20         (6)  Each participating community college must submit

21  the agreement required by this section to the Postsecondary

22  Education Planning Commission for review and final approval

23  before initiating an approved site-determined baccalaureate

24  degree access program. Subject to the availability of

25  legislative appropriations specifically provided for this

26  purpose, the Postsecondary Education Planning Commission must

27  recommend to the Commissioner of Education the total funds to

28  be released to each participating community college for the

29  initiation of the approved site-determined baccalaureate

30  degree access program. The community college shall distribute

31  funds to the participating 4-year postsecondary institution at


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                                           HB 765, First Engrossed



  1  the rate specified in the approved agreement. The

  2  Postsecondary Education Planning Commission shall not

  3  recommend the release of funding for any program that is

  4  terminated before or after the evaluation required by this

  5  section.  The total funds to be released for the initiation of

  6  an approved program shall be based on the number of fundable

  7  upper-level student credit hours for each term.  Unless

  8  otherwise provided in an appropriations act, the funding per

  9  credit hour shall be an amount equal to the state funds,

10  excluding student fees, appropriated to the State University

11  System for each full-time equivalent student enrolled in

12  upper-level course work. Student credit hours funded under

13  this program may not be duplicated in any other calculation of

14  state funding for the 4-year institution.

15         (7)  The Postsecondary Education Planning Commission

16  may require the participating community colleges and 4-year

17  postsecondary institutions to submit information necessary to

18  monitor the annual performance of the program. Within 90 days

19  after the 2nd and 4th year of the site-determined

20  baccalaureate degree access program, the commission shall

21  submit to the chairs of the education and fiscal committees of

22  the Legislature a progress report, including an evaluation of

23  the funding mechanism created by this section. The commission

24  shall review each site-determined baccalaureate degree access

25  program funded under this section to ascertain whether the

26  performance measures specified in the agreement between the

27  participating community college and the 4-year institution

28  have been met. Each program must be reviewed 4 years after

29  initiation unless a shorter timeframe is specified in the

30  agreement. The performance measures must include the student

31  graduation rate, the employment rate of program graduates both


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                                           HB 765, First Engrossed



  1  within and outside the community college service area, the

  2  continuing need to offer the specific baccalaureate degree

  3  program in the community college service area, and such other

  4  information as the Postsecondary Education Planning Commission

  5  may determine necessary for program and performance

  6  evaluation. Based on its evaluation, the commission shall

  7  either approve continuation of the program, require

  8  modifications prior to program approval, or recommend that the

  9  participating institutions terminate the program after all

10  qualified members of the initial group of students have an

11  opportunity to complete the degree program. The commission

12  must submit to the Commissioner of Education for inclusion in

13  the legislative budget a request for funding for approved

14  site-determined baccalaureate degree access programs.

15         (8)  If no accredited 4-year institution is willing to

16  provide a baccalaureate degree program approved by the

17  Postsecondary Education Planning Commission under this

18  section, the community college board of trustees may ask the

19  commission to evaluate the college's request to offer the

20  degree program. If the commission is satisfied that the

21  community college should offer the degree program, it shall

22  recommend to the Legislature the enactment of statutory

23  authority for the community college to offer that specific

24  baccalaureate degree program.

25         Section 2.  This act shall take effect upon becoming a

26  law.

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