Senate Bill 2218

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    Florida Senate - 2000                                  SB 2218

    By Senator Diaz-Balart





    37-1330-00

  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 120.81, F.S.; providing that

  4         certain exceptions provided for the adoption

  5         and publication of rules by educational units

  6         do not apply to policies, procedures, or rules

  7         adopted by community college boards of

  8         trustees; amending ss. 240.152, 240.153, F.S.;

  9         requiring the State Board of Education, the

10         Board of Regents, and the State Board of

11         Community Colleges to adopt rules with respect

12         to individuals who have disabilities; amending

13         ss. 240.311, 240.325, F.S.; providing

14         additional rulemaking authority for the State

15         Board of Community Colleges; requiring the

16         State Board of Community Colleges to adopt by

17         rule standards of operation and criteria for

18         making certain recommendations; deleting an

19         obsolete provision relating to a report;

20         requiring the State Board of Community Colleges

21         to adopt rules governing standards and

22         guidelines formerly prescribed by the State

23         Board of Education; providing an effective

24         date.

25

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

27

28         Section 1.  Subsection (1) of section 120.81, Florida

29  Statutes, is amended to read:

30         120.81  Exceptions and special requirements; general

31  areas.--

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    Florida Senate - 2000                                  SB 2218
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  1         (1)  EDUCATIONAL UNITS.--

  2         (a)  Notwithstanding s. 120.536(1) and the flush left

  3  provisions of s. 120.52(8), district school boards may adopt

  4  rules to implement their general powers under s. 230.22.

  5         (b)  The preparation or modification of curricula by an

  6  educational unit is not a rule as defined by this chapter.

  7         (c)  Notwithstanding s. 120.52(15), any tests, test

  8  scoring criteria, or testing procedures relating to student

  9  assessment which are developed or administered by the

10  Department of Education pursuant to s. 229.57, s. 232.245, s.

11  232.246, or s. 232.247, or any other statewide educational

12  tests required by law, are not rules.

13         (d)  Notwithstanding any other provision of this

14  chapter, educational units shall not be required to include

15  the full text of the rule or rule amendment in notices

16  relating to rules and need not publish these or other notices

17  in the Florida Administrative Weekly, but notice shall be

18  made:

19         1.  By publication in a newspaper of general

20  circulation in the affected area;

21         2.  By mail to all persons who have made requests of

22  the educational unit for advance notice of its proceedings and

23  to organizations representing persons affected by the proposed

24  rule; and

25         3.  By posting in appropriate places so that those

26  particular classes of persons to whom the intended action is

27  directed may be duly notified.

28         (e)  Notwithstanding s. 120.52(15), as used in this

29  subsection the term "rule" does not include policies,

30  procedures, or rules of community college boards of trustees

31  which involve standards of admission, academic advancement,

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    Florida Senate - 2000                                  SB 2218
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  1  academic credit, graduation and the granting of degrees,

  2  employment relationships, or fiscal processes.

  3         (f)(e)  Educational units, other than units of the

  4  State University System and the Florida School for the Deaf

  5  and the Blind, shall not be required to make filings with the

  6  committee of the documents required to be filed by s. 120.54

  7  or s. 120.55(1)(a)4.

  8         (g)(f)  Notwithstanding s. 120.57(1)(a), hearings which

  9  involve student disciplinary suspensions or expulsions may be

10  conducted by educational units.

11         (h)(g)  Sections 120.569 and 120.57 do not apply to any

12  proceeding in which the substantial interests of a student are

13  determined by the State University System or a community

14  college district. The Board of Regents shall establish a

15  committee, at least half of whom shall be appointed by the

16  Council of Student Body Presidents, which shall establish

17  rules and guidelines ensuring fairness and due process in

18  judicial proceedings involving students in the State

19  University System.

20         (i)(h)  Notwithstanding ss. 120.569 and 120.57, in a

21  hearing involving a student disciplinary suspension or

22  expulsion conducted by an educational unit, the 14-day notice

23  of hearing requirement may be waived by the agency head or the

24  hearing officer without the consent of parties.

25         (j)(i)  For purposes of s. 120.68, a district school

26  board whose decision is reviewed under the provisions of s.

27  231.36 and whose final action is modified by a superior

28  administrative decision shall be a party entitled to judicial

29  review of the final action.

30         (k)(j)  Notwithstanding s. 120.525(2), the agenda for a

31  special meeting of a district school board under authority of

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  1  s. 230.16 shall be prepared upon the calling of the meeting,

  2  but not less than 48 hours prior to the meeting.

  3         (l)(k)  Students are not persons subject to regulation

  4  for the purposes of petitioning for a variance or waiver to

  5  rules of educational units under s. 120.542.

  6         Section 2.  Section 240.152, Florida Statutes, is

  7  amended to read:

  8         240.152  Individuals who have disabilities Impaired and

  9  learning disabled persons; admission to postsecondary

10  institutions; substitute requirements; rules.--Any person who

11  is hearing impaired, visually impaired, speech impaired,

12  otherwise physically impaired, or dyslexic, or who has a

13  specific learning disability or a physical or mental

14  impairment as defined by rule of the State Board of Education,

15  shall be eligible for reasonable substitution for any

16  requirement for admission to a state university, community

17  college, or postsecondary degree career education institution

18  where documentation can be provided that the person's failure

19  to meet the admission requirement is related to the

20  disability.  The State Board of Education, the Board of

21  Regents, and the State Board of Community Colleges shall adopt

22  rules to implement this section and shall develop substitute

23  admission requirements where appropriate.

24         Section 3.  Section 240.153, Florida Statutes, is

25  amended to read:

26         240.153  Individuals who have disabilities Impaired and

27  learning disabled persons; graduation, study program

28  admission, and upper-division entry; substitute requirements;

29  rules.--Any student in a state university, community college,

30  or other postsecondary degree career education institution who

31  is hearing impaired, visually impaired, speech impaired,

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    Florida Senate - 2000                                  SB 2218
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  1  otherwise physically impaired, or dyslexic, or who has a

  2  specific learning disability or a physical or mental

  3  impairment as defined by rule of the State Board of Education,

  4  shall be eligible for reasonable substitution for any

  5  requirement for graduation, for admission into a program of

  6  study, or for entry into upper division where documentation

  7  can be provided that the person's failure to meet the

  8  requirement is related to the disability and where the failure

  9  to meet the graduation requirement or program admission

10  requirement does not constitute a fundamental alteration in

11  the nature of the program. The State Board of Education, the

12  Board of Regents, and the State Board of Community Colleges

13  shall adopt rules to implement this section and shall develop

14  substitute requirements where appropriate.

15         Section 4.  Paragraphs (g) and (j) of subsection (3),

16  paragraph (c) of subsection (5), and paragraph (d) of

17  subsection (8) of section 240.311, Florida Statutes, are

18  amended to read:

19         240.311  State Board of Community Colleges; powers and

20  duties.--

21         (3)  The State Board of Community Colleges shall:

22         (g)  Specify, by rule, Recommend to the State Board of

23  Education minimum standards for the operation of each

24  community college as required in s. 240.325, which standards

25  may include, but are not limited to, general qualifications of

26  personnel, budgeting, accounting and financial procedures,

27  educational programs, student admissions and services, and

28  community services.

29         (j)  Establish, by rule, criteria for making

30  recommendations relative to modifying district boundary lines

31  and for making recommendations upon all proposals for the

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  1  establishment of additional centers, instructional sites, or

  2  campuses for community colleges.

  3         (5)  The State Board of Community Colleges is

  4  responsible for reviewing and administering the state program

  5  of support for the Florida Community College System and,

  6  subject to existing law, shall:

  7         (c)  Provide for and coordinate implementation of the

  8  community college program fund in accordance with provisions

  9  of ss. 240.359 and 240.323 and in accordance with rules of the

10  State Board of Community Colleges Education.

11         (8)

12         (d)  By December 31, 1999, and annually thereafter, the

13  State Board of Community Colleges shall report on the

14  implementation of this section to the Speaker of the House of

15  Representatives and the President of the Senate.

16         Section 5.  Section 240.325, Florida Statutes, is

17  amended to read:

18         240.325  Minimum standards, definitions, and guidelines

19  for community colleges.--Subject to s. 240.311(2), the State

20  Board of Community Colleges may Education shall prescribe, by

21  rule, minimum standards, definitions, and guidelines for

22  community colleges and the Division of Community Colleges

23  which will assure the quality of education, systemwide

24  coordination, and efficient progress toward attainment of the

25  community college mission.  At a minimum, the State Board of

26  Community Colleges shall adopt these rules that must address:

27         (1)  Personnel.

28         (2)  Contracting.

29         (3)  Program offerings and classification including

30  college-level communication and computation skills associated

31  with successful performance in college, with tests and other

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    Florida Senate - 2000                                  SB 2218
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  1  assessment procedures which measure student achievement of

  2  those skills. The performance measures shall provide that

  3  students moving from one level of education to the next

  4  acquire the necessary competencies for that level.

  5         (4)  Provisions for curriculum development, graduation

  6  requirements, accreditation, college calendars, and program

  7  service areas.  These provisions must shall include, but need

  8  not be limited to, rules that:

  9         (a)  Provide for the award of an associate in arts

10  degree to a student who successfully completes 60 semester

11  credit hours at the community college.

12         (b)  Require all of the credits accepted for the

13  associate in arts degree to be in the common course numbering

14  and designation system as credits toward a baccalaureate

15  degree offered by a university in the State University System.

16         (c)  Require no more than 36 semester credit hours in

17  general education courses in the subject areas of

18  communication, mathematics, social sciences, humanities, and

19  natural sciences.

20         (d)  Provide procedures for withdrawal and forgiveness

21  policies.

22

23  The rules should encourage community colleges to enter into

24  agreements with universities which allow community college

25  students to complete upper-division-level courses at a

26  community college.  An agreement may provide for concurrent

27  enrollment at the community college and the university,

28  authority for the community college to offer an

29  upper-division-level course, or distance learning.

30         (5)  Student admissions, conduct and discipline,

31  nonclassroom activities, and fees.

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  1         (6)  Budgeting.

  2         (7)  Business and financial matters.

  3         (8)  Student services.

  4         (9)  Reports, surveys, and information systems,

  5  including forms and dates of submission.

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

  7

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  9                          SENATE SUMMARY

10    Clarifies the definition of the term "rule" for purposes
      of the rules adopted by community college boards of
11    trustees. Provides requirements for the adoption of rules
      with respect to individuals who have disabilities.
12    Requires the State Board of Community Colleges to adopt
      standards of operation and criteria for making certain
13    recommendations. Requires the State Board of Community
      Colleges to adopt rules governing certain standards and
14    guidelines which were formerly prescribed by the State
      Board of Education.
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