House Bill 2195

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    Florida House of Representatives - 2000                HB 2195

        By the Committee on Education Innovation and
    Representative Melvin





  1                      A bill to be entitled

  2         An act relating to education advisory bodies;

  3         amending s. 228.2001, F.S.; deleting provisions

  4         relating to the Task Force on Gender Equity in

  5         Education; requiring that certain former

  6         responsibilities of the task force be provided

  7         for in rules of the State Board of Education;

  8         creating s. 229.553, F.S.; providing

  9         legislative intent; requiring the Department of

10         Education to identify all education advisory

11         bodies; assigning the Commissioner of Education

12         responsibility for developing, maintaining, and

13         modifying an accounting system for the

14         expenditures of education advisory bodies;

15         providing requirements for the accounting

16         system; requiring the department to review and

17         submit to the Legislature recommendations

18         regarding the continuation, revision, or

19         elimination of education advisory bodies;

20         amending s. 231.614, F.S.; deleting provisions

21         relating to a vocational inservice education

22         task force; amending s. 232.2466, F.S.,

23         relating to the college-ready diploma program;

24         deleting provisions relating to a task force;

25         amending s. 235.198, F.S., relating to

26         cooperative development and use of satellite

27         facilities; deleting provisions relating to a

28         review committee; providing an effective date.

29

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

31

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  1         Section 1.  Subsection (5) and paragraphs (f) and (g)

  2  of subsection (6) of section 228.2001, Florida Statutes, are

  3  amended to read:

  4         228.2001  Discrimination against students and employees

  5  in state system of public education; prohibitions; equality of

  6  access; strategies to overcome underrepresentation;

  7  remedies.--

  8         (5)  The State Board of Education shall adopt rules to

  9  implement this section, which shall provide for:

10         (a)  Determining an equitable rate of participation of

11  males and females in athletics at public educational agencies

12  and institutions.

13         (b)  Determining the appropriate consideration of

14  revenues when making decisions about equitable use of funds

15  for support of athletic activities, considering all funds

16  received and expended for athletic promotion or support,

17  including revenues from direct-support organizations

18  established under s. 237.40, s. 240.299, or s. 240.363.

19         (6)  The functions of the Office of Equal Educational

20  Opportunity of the Department of Education shall include, but

21  not be limited to:

22         (f)  Coordinating the work of a Task Force on Gender

23  Equity in Education.  The task force shall consist of 11

24  members.  The Commissioner of Education shall appoint three

25  members:  two shall be athletic directors at public high

26  schools and one may be a member at large.  The Chancellor of

27  the State University System shall appoint two members who are

28  athletic directors at state universities that offer

29  scholarships for athletes in all major sports.  The Executive

30  Director of the Community College System shall appoint two

31  members who are athletic directors at community colleges.  The

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  1  President of the Senate shall appoint two members and the

  2  Speaker of the House of Representatives shall appoint two

  3  members.  The Commissioner of Education, the Chancellor of the

  4  State University System, the Executive Director of the

  5  Community College System, the President of the Senate, and the

  6  Speaker of the House of Representatives shall coordinate their

  7  appointments to ensure that the task force represents, to the

  8  maximum extent possible, the gender, racial, and ethnic

  9  diversity of the state. By July 1, 1994, the task force shall

10  define equity in athletics at all levels of public education

11  and shall recommend to the Commissioner of Education rules for

12  appropriate enforcement mechanisms to ensure equity. The

13  recommendations must include:

14         1.  A determination of an equitable rate of

15  participation of males and females in athletics at public

16  educational agencies and institutions.

17         2.  A determination of the appropriate consideration of

18  revenues when making decisions about equitable use of funds

19  for support of athletic activities.  In making this

20  determination, the task force shall consider all funds

21  received and expended for athletic promotion or support,

22  including revenues from direct-support organizations

23  established under s. 237.40, s. 240.299, or s. 240.363.

24         (f)(g)  Based upon recommendations of the task force

25  created in paragraph (f) and rules of the State Board of

26  Education, developing and implementing enforcement mechanisms

27  with appropriate penalties to ensure that public schools and

28  community colleges comply with Title IX of the Education

29  Amendments of 1972 and subsection (3) of this section.

30  However, the Department of Education may not force an

31  educational agency to conduct, nor penalize an educational

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  1  agency for not conducting, a program of athletic activity or

  2  athletic scholarship for female athletes unless it is an

  3  athletic activity approved for women by a recognized

  4  association whose purpose is to promote athletics and a

  5  conference or league exists to promote interscholastic or

  6  intercollegiate competition for women in that athletic

  7  activity.

  8         Section 2.  Section 229.553, Florida Statutes, is

  9  created to read:

10         229.553  Education advisory bodies.--

11         (1)  It is the intent of the Legislature that all newly

12  created education advisory boards, councils, commissions, task

13  forces, and other advisory bodies be given a termination date

14  at the time of their creation or that the creating legislation

15  include a repeal date. It is also the intent of the

16  Legislature that studies and other tasks included in

17  legislation be assigned to existing education advisory bodies

18  whenever possible.

19         (2)  The Department of Education is directed to

20  identify all education advisory boards, councils, commissions,

21  committees, task forces, and other advisory bodies that are

22  established by statute, executive order, the Commissioner of

23  Education, or the department.

24         (3)  The commissioner shall be responsible for the

25  development, maintenance, and modification of an accounting

26  system which will, in a timely manner, accurately reflect the

27  expenditure of each education advisory board, council,

28  commission, committee, task force, and other advisory body.

29  The accounting system shall include a cost accounting system

30  to properly identify, segregate, allocate, and report

31  expenditures for each of the education advisory bodies. In

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  1  addition, the accounting system must allow for tracking

  2  travel, supply, staff, and other expenses on a per entity

  3  basis in order to provide actual, accurate cost information,

  4  to enable a cost benefit analysis for each entity, and to

  5  provide greater accountability.

  6         (4)  Beginning January 1, 2001, and by January 1 every

  7  5 years thereafter, the department shall review all education

  8  advisory boards, councils, commissions, committees, task

  9  forces, and other advisory bodies and submit to the

10  Legislature recommendations regarding their continuation,

11  revision, or elimination.

12         Section 3.  Subsection (2) of section 231.614, Florida

13  Statutes, is amended to read:

14         231.614  Inservice master plan for vocational

15  educators; task force.--

16         (2)(a)  The department shall coordinate the delivery of

17  inservice education for vocational educators employed in

18  school districts and community colleges in conjunction with

19  the state universities, community colleges, and teacher

20  education centers. A vocational inservice education task force

21  shall be established for the purposes of this subsection.

22  Such task force shall consist of 15 members who are jointly

23  appointed by the Director of the Division of Workforce

24  Development and the Director of the Division of Community

25  Colleges. Membership on the task force shall consist of:

26         1.  The Director of the Division of Workforce

27  Development, or the director's designee.

28         2.  The Director of the Division of Community Colleges,

29  or the director's designee.

30         3.  A vocational educator employed in a school

31  district.

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  1         4.  A vocational educator employed in a community

  2  college.

  3         5.  An adult educator employed in a school district.

  4         6.  An adult educator employed in a community college.

  5         7.  A teacher education center director.

  6         8.  A community college employee responsible for staff

  7  development.

  8         9.  A state university career education teacher

  9  educator.

10         10.  A state university adult education teacher

11  educator.

12         11.  Five representatives of business and industry.

13         (b)  The terms of the members shall be 3 years.  Any

14  vacancy shall be filled by the appointment of a person of the

15  same classification or status as his or her predecessor, and

16  such appointee shall serve for the balance of the unexpired

17  term.  Members may be reappointed to serve consecutive terms.

18  Members of the task force may not receive compensation for

19  their services, but are entitled to per diem and travel

20  expenses pursuant to s. 112.061, when actually engaged in

21  discharging their duties as members of the task force.

22         (c)  The duties of the task force include, but are not

23  limited to:

24         1.  The identification of inservice education needs of

25  vocational and adult educators.

26         2.  The identification of public sector and private

27  sector resources available for meeting identified inservice

28  needs.

29         3.  The determination of the best means for delivering

30  inservice instruction to vocational and adult educators.

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  1         4.  The preparation of a biennial report to be

  2  submitted to the State Board of Education, President of the

  3  Senate, and Speaker of the House of Representatives which

  4  delineates the recommendations of the task force and inservice

  5  opportunities provided as a result of such recommendations.

  6  The first biennial report shall be submitted on or before July

  7  1, 1994.

  8         Section 4.  Subsection (3) of section 232.2466, Florida

  9  Statutes, is amended to read:

10         232.2466  College-ready diploma program.--

11         (3)  The Department of Education shall periodically

12  convene a task force of educators and employers to recommend

13  additional incentives for students to pursue a college-ready

14  diploma.  The incentives may include awards and recognition,

15  preference for positions in firms, and early registration

16  privileges in postsecondary education institutions.

17         Section 5.  Subsection (2) of section 235.198, Florida

18  Statutes, is amended to read:

19         235.198  Cooperative development and use of satellite

20  facilities by private industry and school boards.--

21         (2)  The commissioner shall appoint a review committee

22  to make recommendations and prioritize requests.  If the

23  project is approved by the commissioner, the commissioner

24  shall include up to one-fourth of the cost of the project in

25  the legislative capital outlay budget request, as provided in

26  s. 235.41, for the funding of capital outlay projects

27  involving both educational and private industry.  The

28  commissioner shall prioritize any such projects for each

29  fiscal year and, notwithstanding the provisions of s.

30  235.435(3)(c), limit the recommended state funding amount not

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  1  to exceed 5 percent off the top of the total funds recommended

  2  pursuant to s. 235.435(2) and (3).

  3         Section 6.  This act shall take effect July 1, 2000.

  4

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  6                          HOUSE SUMMARY

  7
      Deletes provisions relating to the Task Force on Gender
  8    Equity in Education and requires that certain former
      responsibilities of the task force be provided for in
  9    rules of the State Board of Education. Provides
      legislative intent regarding education advisory bodies.
10    Requires the Department of Education to identify all
      education advisory bodies. Assigns the Commissioner of
11    Education responsibility for developing, maintaining, and
      modifying an accounting system for the expenditures of
12    education advisory bodies. Provides requirements for the
      accounting system. Requires the department to review and
13    submit to the Legislature recommendations regarding the
      continuation, revision, or elimination of education
14    advisory bodies. Deletes provisions relating to a
      vocational inservice education task force. Revises
15    provisions relating to the college-ready diploma program
      to delete provisions relating to a task force. Revises
16    provisions relating to cooperative development and use of
      satellite facilities to delete provisions relating to a
17    review committee.

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