Senate Bill 0292e1
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 A bill to be entitled
2 An act relating to education; creating s.
3 231.315, F.S.; providing for the establishment
4 of model peer assistance and review programs;
5 providing for minimum standards; providing for
6 technical assistance and allocations; requiring
7 a report to the Governor, the President of the
8 Senate, and the Speaker of the House of
9 Representatives; creating s. 231.6015, F.S.;
10 authorizing a mathematics and science teacher
11 education program; requiring demonstration of
12 certain uses of funds; providing a program
13 purpose, required components, and resource
14 allocation; requiring the Technological
15 Research and Development Authority to serve as
16 the fiscal agent for the program; requiring
17 collaborative planning and implementation;
18 authorizing incentives and certification;
19 creating s. 240.149, F.S.; creating a
20 nongovernmental organization to plan and
21 implement a program for mathematics and science
22 teacher education; requiring a board of
23 directors, a chief executive officer, other
24 staff, and an advisory council; providing for
25 membership, terms of office, and an
26 appointments process; providing responsibility
27 and authority to conduct certain activities;
28 requiring a budget request; amending s.
29 229.592, F.S.; requiring a report; amending s.
30 231.600, F.S.; requiring certain additions to
31 professional development programs; amending s.
1
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 236.08106, F.S.; authorizing a salary bonus for
2 teachers who complete certain training
3 programs; amending s. 236.685, F.S.; requiring
4 a report to include certain information;
5 creating s. 239.515, F.S.; establishing the
6 College Fast Start Program; providing
7 legislative intent; defining terms; providing
8 procedures for application to participate in
9 the program; providing guidelines for program
10 approval; providing requirements for approved
11 programs; requiring an advisory council to
12 review proposals and recommend an order of
13 priority for funding; providing membership of
14 the advisory council; providing for funding of
15 the program; providing methodology for
16 competitive funding of approved programs;
17 providing requirements for the continuation of
18 funding for programs; requiring an interim
19 report to the Florida Governor's Alliance for
20 the Employment of Disabled Citizens; requiring
21 an annual end-of-the-year report to the
22 alliance; requiring the alliance and the
23 Postsecondary Education Planning Commission to
24 develop specifications and procedures for the
25 transmission of such data; requiring the
26 alliance to report to the Governor, the
27 Legislature, and the Commissioner of Education
28 annually on the effectiveness of the program;
29 reenacting the Technological Research and
30 Development Authority; establishing the
31 purposes of the authority; setting a commission
2
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 to govern the authority; prescribing the duties
2 and responsibilities of the commission and
3 terms of office; providing a procedure for the
4 appointment of the commission; providing
5 severability; providing for student
6 participation in the statewide assessment
7 program; providing criteria for enrollment
8 policies; providing legislative intent;
9 providing for the creation of baccalaureate and
10 master's degree oriented universities;
11 directing the Postsecondary Education Planning
12 Commission to develop an operational plan;
13 providing for the mission and governance of the
14 new universities; providing for admission
15 standards and student fees; providing an
16 appropriation; amending s. 229.05371, F.S.;
17 converting a pilot program for scholarships for
18 students with disabilities to statewide
19 application; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 231.315, Florida Statutes, is
24 created to read:
25 231.315 Peer assistance and review.--
26 (1) The Legislature, the education community, and the
27 public expect high standards of professional practice from
28 school administrators and instructional staff. To promote high
29 professional standards, administrators and instructional staff
30 must develop a system of shared accountability. Peer
31 assistance and review is a process in which highly skilled
3
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 instructional personnel serve in a consulting role with their
2 peers to improve the quality of classroom instruction. Peer
3 assistance and review allows administrators and instructional
4 personnel to share the responsibility of mentoring, training,
5 assisting, and reviewing the professional standards and
6 practices of instructional personnel.
7 (2) Peer assistance and review programs must meet the
8 following minimum standards:
9 (a) Program provisions must be developed through the
10 collective bargaining agreement between the teachers'
11 association and the school district.
12 (b) A joint instructional personnel and school
13 district governing body must be created with responsibility to
14 review recommendations of the consulting peer instructional
15 personnel.
16 (c) Consulting peer instructional personnel must be
17 recognized by their peers as highly skilled practitioners and
18 must be selected by their peers.
19 (d) Consulting peer instructional personnel must be
20 properly compensated and trained.
21 (e) Consulting peer instructional personnel must
22 provide assistance and review for instructional personnel with
23 the same area of expertise as the consulting peer
24 instructional personnel member.
25 (f) Consulting peer instructional personnel must not
26 be considered administrative personnel and must retain status
27 within the employees' collective bargaining unit.
28 (3) For fiscal years 2001-2002 and 2002-2003, up to
29 six school districts may be selected to establish model peer
30 assistance and review programs. At least one district selected
31 must have less than 6,000 students, and at least one district
4
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 selected must have more than 100,000 students. Districts that
2 intend to apply for selection must submit an application to
3 the Department of Education by March 1, 2001, which includes
4 the agreement between the teachers' association and the school
5 district. By October 1, 2001, the department shall select the
6 participating districts based on the quality of their
7 applications.
8 (4) The department shall provide technical assistance
9 to selected school districts to establish model peer
10 assistance and review programs.
11 (5) The school districts selected to establish model
12 peer assistance and review programs shall receive by December
13 1, 2001, an allocation from the department as established in
14 the General Appropriations Act.
15 (6) During the 2002-2003 fiscal year, the department
16 shall assess the results of the selected model peer assistance
17 and review programs and shall submit a report to the Governor,
18 the President of the Senate, and the Speaker of the House of
19 Representatives by March 1, 2003. The report must include the
20 department's recommendation as to the continuation or
21 expansion of peer assistance and review programs.
22 Section 2. Section 231.6015, Florida Statutes, is
23 created to read:
24 231.6015 Mathematics and science teacher-education
25 program.--
26 (1) The Legislature intends to establish an inservice
27 professional development program to improve the teaching of
28 mathematics and science in the public schools of this state,
29 with an initial emphasis on students in kindergarten through
30 grade 8. The program may be conducted separately or in
31 conjunction with other inservice professional development
5
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 programs provided by a school district. The funds are to be
2 used to supplement but not to supplant current professional
3 development in mathematics and science education.
4 (2) As used in this section, the term "teacher" has
5 the meaning ascribed to "instructional personnel" in s.
6 236.685.
7 (3) The purpose of the program is to improve the
8 ability of teachers to deliver instruction that:
9 (a) Concentrates learning on the Sunshine State
10 Standards and the Subject Matter Content Standards for
11 teachers adopted by the Education Standards Commission;
12 (b) Includes content in sequences designed to prepare
13 students for the state assessments of progress;
14 (c) Demonstrates its quality by improvement in
15 students' classroom achievement; and
16 (d) Identifies and challenges students who excel in
17 science and mathematics as well as those whose aptitude is
18 average or below average.
19 (4) The program must be designed to improve a
20 teacher's command of content knowledge and teaching skills. If
21 resources are insufficient to provide adequate instruction for
22 all teachers, the program design should allocate those
23 resources to produce a measurable, systemic change in student
24 learning, rather than only to reach as many teachers as
25 possible.
26 (5) The program must:
27 (a) Employ strategies that have proved effective;
28 (b) Exploit current knowledge and research on
29 professional staff development and standards;
30
31
6
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (c) Include components for school board members and
2 administrators at the school level, school district
3 administration level, and state level;
4 (d) Involve the expertise of public and independent
5 universities, colleges, and community colleges in planning and
6 implementation;
7 (e) Provide for an incentive plan as authorized in s.
8 236.08106; and
9 (f) Include an evaluation of effectiveness as
10 determined by the Florida Alliance for Improving Mathematics
11 and Science in Education Programs. The evaluation component of
12 the program must provide data capable of allowing an analysis
13 of the achievement of students before and after the program is
14 implemented and for an analysis of students whose teachers
15 participate in the program compared to a cohort of students
16 whose teachers do not. As much as possible, the cohort must
17 consist of students having similar demographic characteristics
18 and selected measures of academic achievement.
19 (6) The Legislature shall determine annually in the
20 General Appropriations Act the funds to be available for this
21 program. The Technological Research and Development Authority
22 may be the fiscal agent of these funds.
23 (7) Under s. 240.149, the Florida Alliance for
24 Improving Mathematics and Science in Education Programs may
25 operate the delivery mechanisms for the program or may
26 delegate that responsibility to a school district, a
27 consortium of school districts, an academy, an area center for
28 educational enhancement, or a group operating under a charter
29 arranged by a district or consortium. The delivery mechanisms
30 may involve the expertise of science centers, and the Florida
31 Alliance for Improving Mathematics and Science and school
7
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 boards may arrange participation by science centers in the
2 planning and delivery of the program, including participation
3 in charter agreements, where appropriate. As used in this
4 subsection, a science center means a nonprofit organization,
5 recognized under section 501(c)(3) of the Internal Revenue
6 Code, which is a full member of the Association of Science and
7 Technology Centers, is accredited by the American Association
8 of Museums, and has had at least 5 years' experience providing
9 professional development and support services to teachers
10 throughout the state. The administrators of each component of
11 the program shall work collaboratively with the Florida
12 Alliance for Improving Mathematics and Science in Education
13 Programs to plan programs and activities provided by the
14 professional development program, including follow-up support
15 for the teachers.
16 (8) Teachers participating in the program may receive
17 compensation from the school district for their participation
18 and may use successful participation in the program for
19 extension of a certificate, for adding a new certification
20 area if the district has an approved add-on certification
21 program as provided by the State Board of Education, or for
22 college credit for portions of the program which are taught by
23 full-time faculty members of postsecondary institutions. In
24 addition to a stipend for the workdays allocated to the
25 training, a teacher may be eligible for a salary bonus upon
26 successful completion of the program, under s. 236.08106.
27 (9) Delivery sites used in the program should be
28 joint-use facilities and may be on property belonging to a
29 school district; a public or independent university, college,
30 or community college; or any other group under a contract
31 approved by the alliance.
8
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (10) A community college or university may report
2 full-time-equivalent students as a result of providing
3 instruction for the program if the instruction is provided
4 in-load by its own staff paid by its own resources.
5 (11) This section shall be implemented only to the
6 extent funded by the General Appropriations Act.
7 Section 3. Section 240.149, Florida Statutes, is
8 created to read:
9 240.149 Mathematics and science teacher-education
10 organization; responsibility for program planning and
11 implementation.--
12 (1) An organization is established to plan and
13 implement the mathematics and science teacher education
14 program created in s. 231.6015. The organization is to be
15 named the Florida Alliance for Improving Mathematics and
16 Science Teaching in Education Programs; must be recognized
17 under section 501(c)(3) of the Internal Revenue Code and
18 registered, incorporated, organized, and operated in
19 compliance with chapter 617; and is not to be considered to be
20 a unit or entity of state government.
21 (a) The organization shall execute its
22 responsibilities independently but is assigned to the Office
23 of the Commissioner of Education for administrative purposes.
24 (b) In the interest of sound public policy, the
25 Legislature determines that the organization is subject to the
26 provisions of chapter 119 which relate to public records, and
27 to the provisions of chapter 286 which relate to public
28 meetings and records.
29 (2) A board of directors shall govern the
30 organization. The members of the board shall be appointed by
31 the Commissioner of Education from recommendations provided by
9
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 the Postsecondary Education Planning Commission, the Education
2 Standards Commission, the Workforce Development Board of
3 Enterprise Florida, or other public or private organizations
4 with expertise in education or technology upon invitation of
5 the commissioner.
6 (a) Four members must be employees of postsecondary
7 education institutions and must have expertise in science and
8 science education, mathematics and mathematics education, or a
9 related technical field.
10 (b) Four members must be employees of Florida district
11 school boards; at least two of these members must be teachers.
12 (c) Four members must be from the private sector.
13 (d) One member shall serve ex officio as a
14 representative of the Department of Education. An ex officio
15 member may participate in all deliberations of the alliance
16 but may not vote.
17 (e) Members shall serve 4-year staggered terms, with
18 four of the members having initial terms of 2 years, 3 years,
19 and 4 years, respectively. The commissioner shall appoint a
20 new member to fill the remainder of a vacant, unexpired term
21 and may reappoint a member.
22 (f) Members are entitled to reimbursement for travel
23 and per diem expenses, as provided in s. 112.061.
24 (3) The board of directors shall employ a chief
25 executive officer, who shall direct and supervise the
26 administrative affairs of the board of directors. The board of
27 directors may delegate to the chief executive officer any
28 powers and duties it finds appropriate. The chief executive
29 officer may contract with or employ legal and technical
30 experts and other employees as authorized by the board of
31 directors. The chief executive officer shall administer the
10
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 professional development grant program assigned to the
2 organization and other finances of the organization to ensure
3 appropriate accountability and the prudent use of public and
4 private funds.
5 (4) A council is created to assist the organization
6 and to apprise decisionmakers of its activities.
7 (a) The council shall be composed of six members who
8 represent the following governmental branches or sectors: one
9 member of the Florida Senate appointed by the President of the
10 Senate; one member of the Florida House of Representatives
11 appointed by the Speaker of the House of Representatives; a
12 representative of the Executive Office of the Governor
13 appointed by the Governor; a representative of the Department
14 of Education appointed by the Commissioner of Education; a
15 representative of the Florida Community College System
16 appointed by the executive director of the system; and a
17 representative of the State University System appointed by the
18 chancellor.
19 (b) The council shall meet at least 2 times a year,
20 with one meeting conducted jointly with the board of
21 directors.
22 (5) The Florida Alliance for Improving Mathematics and
23 Science Teaching in Education Programs shall plan and oversee
24 implementation of the program created by s. 231.6015 and
25 shall:
26 (a) Establish and maintain a system of professional
27 development programs in mathematics and science education, as
28 provided in the General Appropriations Act.
29 (b) Provide for involvement of postsecondary education
30 in planning and implementation.
31
11
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (c) Produce specialized professional development
2 program guidelines. These guidelines may include curricula and
3 instructional methods and must assure that the programs focus
4 on content learning, employ tested strategies, reflect the
5 nature of science and mathematics, and base their design on
6 current knowledge and research concerning professional
7 development.
8 (d) Provide for the selection and preparation of staff
9 to implement professional development in mathematics and
10 science.
11 (e) Establish priorities that school districts and
12 centers for educational enhancement must use in selecting the
13 teachers to participate in the program. If the plan does not
14 provide for participation by all teachers of kindergarten
15 through grade 8 within a 4-year cycle, the selection
16 priorities must implement a rationale for disseminating the
17 program's benefits.
18 (f) Design strategies for providing follow-up support
19 for each participating teacher. The follow-up strategies must
20 provide for integration of the principles learned in the
21 program into the teacher's workday for at least 1 year, with
22 continuing followup for 2 additional years or more, as
23 provided in the General Appropriations Act.
24 (g) Design and oversee an incentive plan that will
25 encourage the participation of public school teachers and
26 administrators in the professional development program. The
27 incentive plan must provide for access to any merit-pay plans
28 developed by school districts and may provide for a stipend
29 and a salary bonus for participating teachers, under s.
30 236.08106. Such bonus must be in addition to the teacher's
31 regular earnings from a school district and may not be awarded
12
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 until a teacher has successfully completed the program and
2 demonstrated, through prescribed follow-up activities in the
3 classroom, an improvement in student achievement in
4 mathematics or science.
5 (h) Measure the effectiveness of the professional
6 development program on learning and teaching in mathematics
7 and science. This impact assessment must assure state and
8 local quality control of the improvement of mathematics and
9 science teaching.
10 (6) By December 1, 2000, the board must submit to the
11 office of the Commissioner of Education a proposed budget for
12 implementing the program in 2001-2004. The budget must contain
13 alternative plans for the participation of 50 percent, 33
14 percent, and 25 percent of the state's teachers at the
15 elementary and middle-school levels by 2004.
16 Section 4. Subsection (8) of section 229.592, Florida
17 Statutes, is amended to read:
18 229.592 Implementation of state system of school
19 improvement and education accountability.--
20 (8) STATE BOARD.--The State Board of Education shall
21 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
22 a state system of school improvement and education
23 accountability and shall specify required annual reports by
24 schools and school districts. The rules must also require each
25 school to report the number and percentage of teachers who
26 have achieved certification by the National Board of
27 Professional Teaching Standards and, for schools that contain
28 a kindergarten or grade 1 through grade 8, the number and
29 proportion of teachers who have successfully completed the
30 program to improve mathematics and science teaching under s.
31 236.08106.
13
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 Section 5. Subsection (3) of section 231.600, Florida
2 Statutes, is amended to read:
3 231.600 School Community Professional Development
4 Act.--
5 (3) The activities designed to implement this section
6 must:
7 (a) Increase the success of educators in guiding
8 student learning and development so as to implement state and
9 local educational standards, goals, and initiatives;
10 (b) Assist the school community in providing
11 stimulating educational activities that encourage and motivate
12 students to achieve at the highest levels and to become active
13 learners; and
14 (c) Provide continuous support as well as temporary
15 intervention for education professionals who need improvement
16 in knowledge, skills, and performance; and.
17 (d) Assure that teacher education programs in science,
18 mathematics, and technology education will be fully aligned
19 with the Sunshine State Standards by the implementation of the
20 statewide assessment in science authorized by s. 229.57. These
21 education programs must assure that all teachers, especially
22 teachers of kindergarten through grade 8, know and understand
23 the science and mathematics standards included in the Sunshine
24 State Standards and the Subject Matter Content Standards for
25 teachers adopted by the Education Standards Commission.
26 Section 6. Subsection (2) of section 236.08106,
27 Florida Statutes, is amended to read:
28 236.08106 Excellent Teaching Program.--
29 (2) The Excellent Teaching Program is created to
30 provide categorical funding for monetary incentives and
31 bonuses for teaching excellence. The Department of Education
14
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 shall distribute to each school district or to the NBPTS an
2 amount as prescribed annually by the Legislature for the
3 Excellent Teaching Program. Unless otherwise provided in the
4 General Appropriations Act, each distribution shall be the sum
5 of the amounts earned for the following incentives and
6 bonuses:
7 (a) A salary bonus or increased stipend for teachers
8 who successfully complete the program to improve the teaching
9 of mathematics and science in Florida under s. 231.6015. The
10 criteria for successful completion of the program must be
11 established by the Florida Alliance for Improving Mathematics
12 and Science Teaching in Education Programs and must include a
13 demonstration through prescribed followup activities in the
14 classroom of an improvement in student achievement in
15 mathematics or science.
16 (b)(a) A fee subsidy to be paid by the Department of
17 Education to the NBPTS on behalf of each individual who is an
18 employee of a district school board or a public school within
19 the school district, who is certified by the district to have
20 demonstrated satisfactory teaching performance pursuant to s.
21 231.29 and who satisfies the prerequisites for participating
22 in the NBPTS certification program, and who agrees, in
23 writing, to pay 10 percent of the NBPTS participation fee and
24 to participate in the NBPTS certification program during the
25 school year for which the fee subsidy is provided. The fee
26 subsidy for each eligible participant shall be an amount equal
27 to 90 percent of the fee charged for participating in the
28 NBPTS certification program, but not more than $1,800 per
29 eligible participant. The fee subsidy is a one-time award and
30 may not be duplicated for any individual.
31
15
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (c)(b) A portfolio-preparation incentive of $150 paid
2 by the Department of Education to each teacher employed by a
3 district school board or a public school within a school
4 district who is participating in the NBPTS certification
5 program. The portfolio-preparation incentive is a one-time
6 award paid during the school year for which the NBPTS fee
7 subsidy is provided.
8 (d)(c) An annual bonus equal to 10 percent of the
9 prior fiscal year's statewide average salary for classroom
10 teachers to be distributed to the school district to be paid
11 to each individual who holds NBPTS certification and is
12 employed by the district school board or by a public school
13 within the school district. The district school board shall
14 distribute the annual bonus to each individual who meets the
15 requirements of this paragraph and who is certified annually
16 by the district to have demonstrated satisfactory teaching
17 performance pursuant to s. 231.29. The annual bonus may be
18 paid as a single payment or divided into not more than three
19 payments.
20 (e)(d) An annual bonus equal to 10 percent of the
21 prior fiscal year's statewide average salary for classroom
22 teachers to be distributed to the school district to be paid
23 to each individual who meets the requirements of paragraph (d)
24 (c) and agrees, in writing, to provide the equivalent of 12
25 workdays of mentoring and related services to public school
26 teachers within the state district who do not hold NBPTS
27 certification. The district school board shall distribute the
28 annual bonus in a single payment following the completion of
29 all required mentoring and related services for the year. It
30 is not the intent of the Legislature to remove excellent
31 teachers from their assigned classrooms; therefore, credit may
16
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 not be granted by a school district or public school for
2 mentoring or related services provided during the regular
3 school day or during the 196 days of required service for the
4 school year.
5
6 A teacher for whom the state pays the certification fee and
7 who does not complete the certification program or does not
8 teach in a public school of this state for a least 1 year
9 after completing the certification program must repay the
10 amount of the certification fee to the state. However, a
11 teacher who completes the certification program but fails to
12 be awarded NBPTS certification is not required to repay the
13 amount of the certification fee if the teacher meets the
14 1-year teaching requirement. Repayment is not required of a
15 teacher who does not complete the certification program or
16 fails to fulfill the teaching requirement because of the
17 teacher's death or disability or because of other extenuating
18 circumstances as determined by the State Board of Education.
19 Section 7. Paragraph (a) of subsection (4) of section
20 236.685, Florida Statutes, is amended to read:
21 236.685 Educational funding accountability.--
22 (4)(a) The school public accountability report to
23 parents must include the number of employees in each of the
24 categories listed in subsection (3), by work location.
25 However, this does not include the number of temporary
26 substitute employees. The report must also include the number
27 and proportion of instructional personnel in kindergarten
28 through grade 8 who have achieved certification by the
29 National Board of Professional Teaching Standards or have
30 completed the program to improve mathematics and science
31 teaching in Florida under s. 236.08106.
17
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 Section 8. Section 239.515, Florida Statutes, is
2 created to read:
3 239.515 College Fast Start Program.--
4 (1) There is established a College Fast Start Program
5 to increase the number of students with disabilities in grades
6 6 through 12 who are admitted to and successfully complete an
7 associate in arts degree or an associate in science degree or
8 a workforce development program. The goal of the program is
9 the completion of a degree or occupational completion points
10 by, and placement into competitive employment of, students who
11 were identified as having a disability, in accordance with the
12 requirements of chapter 6A-6, Florida Administrative Code,
13 prior to their senior year in high school and who otherwise
14 would be unlikely to seek admission to a community college,
15 state university, or independent postsecondary vocational
16 institution without special support and recruitment efforts.
17 As part of the College Fast Start Program, the Florida
18 Governor's Alliance for the Employment of Disabled Citizens,
19 in cooperation with community colleges, independent
20 postsecondary institutions, high schools, businesses, and
21 agencies serving youth with disabilities, shall sponsor
22 programs to develop leadership skills, career counseling, and
23 motivation and shall provide grants for internships to further
24 prepare students with disabilities for postsecondary education
25 and employment opportunities.
26 (2) As used in this section:
27 (a) "The alliance" means the Florida Governor's
28 Alliance for the Employment of Disabled Citizens.
29 (b) "Program participant" means a community college,
30 public university, independent postsecondary institution, high
31
18
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 school, agency serving youth with disabilities, or a
2 consortium of the above.
3 (3) To apply to participate in the College Fast Start
4 Program, a potential program participant must submit a
5 proposal to the Florida Governor's Alliance for the Employment
6 of Disabled Citizens. Each proposal must contain the following
7 information:
8 (a) A statement of purpose, which includes a
9 description of the need for, and the results expected from,
10 the proposed program.
11 (b) An identification of the service area which names
12 the schools to be served and provides community and school
13 demographics on the number and types of students with
14 disabilities and the number of high school graduates within
15 the area with a disability.
16 (c) An identification of existing programs for
17 providing employment training for persons with disabilities.
18 (d) A description of the proposed training and
19 modifications needed to accommodate students who would
20 participate in the program. At least 40 percent of the
21 students participating in any one year must be in grades 6
22 through 9.
23 (e) A description of the program activities, which
24 must support the following goals:
25 1. To motivate students to pursue a postsecondary
26 education.
27 2. To develop students' basic learning and leadership
28 skills.
29 3. To develop collaboration with the STARS program.
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (f) An evaluation component that provides for the
2 collection, maintenance, retrieval, and analysis of the data
3 required by this section.
4 (4) The alliance shall consider proposals to determine
5 which proposals to implement as programs that will strengthen
6 the educational motivation and preparation of students with
7 disabilities to seek postsecondary education or job training.
8 In selecting proposals for approval, the alliance shall give
9 preference to:
10 (a) Proposals submitted by a postsecondary institution
11 and a business partner that include innovative approaches,
12 provide a great variety of activities, and interact with
13 business and industry in the development of the learning
14 experience.
15 (b) A program that will use institutional, federal, or
16 private resources to supplement state appropriations.
17 (c) Proposals that demonstrate commitment to the
18 program by proposing to match the grant funds equally in cash
19 or services, with cash being the preferred contribution.
20 (d) Proposals that demonstrate an interest in cultural
21 diversity and that address the unmet regional employment needs
22 of varying communities.
23 (e) A program that identifies potential student
24 participants from among students who are not already enrolled
25 in similar programs that assist students with disabilities.
26 (f) A program that includes a parental involvement
27 component.
28 (5) Program applicants that are approved to
29 participate in the program must implement procedures which
30 provide consistent contact with students from the point at
31 which the student is selected to participate in the program
20
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 until he or she enrolls in a postsecondary education
2 institution. These procedures must assist students in
3 selecting courses required for graduation from high school and
4 must include occupational forecasting for future job
5 availability and requirements for those positions.
6 Institutions that participate must provide on-campus academic
7 or job training activities, job profiling and career
8 counseling activities during summer vacation, and
9 opportunities for interacting with business leaders and
10 employers, mentors, tutors, or role models. Each program
11 participant is encouraged to use its resources to meet program
12 objectives. Each program participant must establish an
13 advisory committee composed of high school and middle school
14 personnel and business leaders to provide advice and
15 assistance in implementing the program.
16 (6) An advisory council shall review each proposal and
17 recommend to the alliance an order of priority for funding the
18 proposals. The advisory council shall consist of the following
19 10 members and shall designate a meeting facilitator from
20 among the members:
21 (a) Three persons with disabilities, appointed by the
22 Governor.
23 (b) Two representatives of private or community-based
24 organizations, one each appointed by the President of the
25 Senate and the Speaker of the House of Representatives.
26 (c) One representative of the State University System,
27 appointed by the chair of the Board of Regents.
28 (d) One representative of the Community College
29 System, appointed by the chair of the State Board of Community
30 Colleges.
31
21
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (e) One representative of the Independent Colleges and
2 Universities of Florida, appointed by the president of the
3 Independent Colleges and Universities of Florida.
4 (f) One representative of a public school district,
5 appointed by the Commissioner of Education.
6 (g) One representative of the Postsecondary Education
7 Planning Commission, appointed by the chair of the commission.
8
9 Each member shall be appointed for a 3-year, staggered term of
10 office. Members may serve no more than two consecutive terms.
11 A vacancy must be filled with a person of the same status as
12 the original appointee who shall serve for the remainder of
13 the term. Members are entitled to per diem and travel expenses
14 as provided in s. 112.061 while performing council duties.
15 (7) Funding for the College Fast Start Program shall
16 be provided annually in the General Appropriations Act. From
17 these funds, an annual allocation shall be provided to the
18 alliance to conduct the program. Approved programs must be
19 funded competitively according to the following methodology:
20 (a) Eighty percent of funds appropriated annually to
21 the College Fast Start Program must be distributed as grants
22 to projects that include, at the minimum:
23 1. A summer business internship program.
24 2. A minimum number of hours of academic instructional
25 and developmental activities, career counseling, and personal
26 counseling.
27 (b) The remaining 20 percent of funds appropriated
28 annually may be used by the Florida Governor's Alliance for
29 the Employment of Disabled Citizens for college preparatory
30 leadership training programs.
31
22
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (c) Subject to legislative appropriations, funds for
2 the continuation of projects that satisfy the minimum
3 requirements shall be increased each year by the same
4 percentage as the rate of inflation. Projects funded for 3
5 consecutive years must have a cumulative institutional cash
6 match of not less than 50 percent of the total cost of the
7 project over the 3-year period. Any College Fast Start Program
8 operating for 3 years which does not provide the minimum 50
9 percent institutional cash match shall not be considered for
10 continued funding.
11 (8) On or before February 15 of each year, each
12 participant or consortium of participants shall submit to the
13 alliance an interim report of program expenditures and
14 participant information as requested by the alliance.
15 (9) On or before October 15 of each year, each program
16 participant shall submit to the alliance an end-of-the-year
17 report on the effectiveness of its participation in the
18 program during the preceding fiscal year. The end-of-the-year
19 report must include, without limitation:
20 (a) An itemization of program expenditures by funding
21 category, including: state grant funds, institutional
22 matching contributions disaggregated by cash and in-kind
23 services, and outside funding sources disaggregated by cash
24 and in-kind services.
25 (b) The number of students participating by grade
26 level, gender, race, and disability.
27 (c) The student identification number and social
28 security number, if available, the name of the public school
29 attended, and the gender, ethnicity, grade level, and grade
30 point average of each student participant at the time of entry
31 into the program.
23
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (d) The grade point average, grade, and promotion
2 status of each student participant at the end of the academic
3 year and notification of suspension or expulsion of a
4 participant, if applicable.
5 (e) The number and percentage of high school
6 participants who satisfactorily complete 2 sequential years of
7 a foreign language and Levels 2 and 3 mathematics and science
8 courses.
9 (f) The number and percentage of participants eligible
10 for high school graduation who receive a standard high school
11 diploma or a high school equivalency diploma pursuant to s.
12 229.814.
13 (g) The number and percentage of 12th grade
14 participants who are accepted for enrollment and who enroll in
15 a postsecondary institution and the program of study in which
16 they are enrolled.
17 (h) The number of participants who receive
18 scholarships, grant aid, and work-study awards.
19 (i) The number and percentage of participants who
20 enroll in a public postsecondary institution and who fail to
21 achieve a passing score, as defined in State Board of
22 Education rule, on college placement tests pursuant to s.
23 240.117.
24 (j) The number and percentage of participants who
25 enroll in a postsecondary institution and have a minimum
26 cumulative grade point average of 2.0 on a 4.0 scale, or its
27 equivalent, by the end of the second semester.
28 (k) A statement of how the program addresses the three
29 program goals identified in paragraph (3)(e).
30 (l) A brief description and analysis of program
31 characteristics and activities critical to program success.
24
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (m) A description of the cooperation received from
2 other units, organizations, businesses, or agencies.
3 (n) An explanation of the program's outcomes,
4 including data related to student performance on the measures
5 provided for in paragraph (3)(f).
6
7 The Postsecondary Education Planning Commission, in
8 consultation with the alliance and the Department of
9 Education, shall develop specifications and procedures for the
10 collection and transmission of the data.
11 (10) By February 15 of each year, the alliance shall
12 submit to the Governor, the President of the Senate, the
13 Speaker of the House of Representatives, and the Commissioner
14 of Education a report that evaluates the effectiveness of the
15 College Fast Start Program. The report must be based upon
16 information provided by program participants, the Board of
17 Regents, the State Board of Community Colleges, and the
18 Division of Workforce Development pursuant to subsections (1)
19 and (7). To the extent feasible, the performance of College
20 Fast Start Program participants must be compared to the
21 performance of comparable cohorts of students in public school
22 and postsecondary education.
23 Section 9. (1) The Legislature finds that it is in
24 the public interest to provide for the reenactment by general
25 law of a Technological Research and Development Authority
26 created by chapter 87-455, Laws of Florida, and to extend its
27 powers and duties beyond Brevard County. The Technological
28 Research and Development Authority shall promote scientific
29 research and development in Florida, with the goal of
30 establishing Florida as a center for high technology and
31 economic development to serve the public good.
25
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (2) There is created and incorporated the
2 Technological Research and Development Authority.
3 (3)(a) The authority shall be governed by a commission
4 of seven persons who are residents of this state. The Brevard
5 County Legislative Delegation shall nominate three candidates
6 for each of five commission vacancies, and the Governor shall
7 appoint a member of the commission from the nominees for the
8 vacancy. Further, the Governor shall select and appoint the
9 two remaining members of the commission. The Governor shall
10 appoint each member for a term of 4 years, who shall serve
11 until his or her successor is appointed. If a vacancy occurs
12 during a member's term, the Governor shall appoint a person to
13 fill the vacancy for the remainder of the member's term. The
14 Governor may remove any member for misfeasance, malfeasance,
15 or willful neglect of duty. Each member of the authority
16 before entering upon his or her duties shall take and
17 subscribe the oath of affirmation required by the State
18 Constitution. The existing board members appointed under
19 chapter 87-455, Laws of Florida, of the existing Technology
20 Research and Development Authority law may serve the remainder
21 of their terms.
22 (b) The authority shall annually elect one of its
23 members as chair and one as vice chair and may also appoint a
24 secretary who shall serve at the pleasure of the authority.
25 The authority may also appoint such other officers as
26 necessary.
27 (4) The commission has powers and duties as follows:
28 (a) To plan and undertake a program of action that
29 promotes scientific research and development and fosters
30 public and private education.
31
26
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (b) To contract with and support the programs of those
2 accredited educational institutions with a research capability
3 and which have main campuses within this state in the
4 furtherance of the objectives of the authority and to contract
5 with any other accredited educational institution in
6 furtherance of the objectives of the authority to establish
7 public-private partnerships and create, sponsor, and manage
8 not-for-profit entities to implement or facilitate the
9 purposes of the authority.
10 (c) To make and manage grants and bequests, and to
11 enter into contracts and other agreements with units of
12 government and private parties for the purpose of obtaining
13 funds for projects and programs that further the objectives of
14 the authority.
15 (d) To establish an annual budget and amend the budget
16 when necessary.
17 (e) To adopt an official seal and alter it at its
18 pleasure.
19 (f) To maintain an office at such place or places in
20 Brevard County or elsewhere as it may designate.
21 (g) To sue and be sued in its own name.
22 (h) To acquire by lease, purchase, or option real and
23 personal property for any use consistent with the purposes of
24 this act.
25 (i) To employ personnel, consultants, accountants,
26 attorneys, engineers, and other experts as necessary and
27 convenient in the execution of the powers of the authority.
28 (5) If any provision of this act or the application
29 thereof to any person or circumstance is held invalid, the
30 invalidity shall not affect other provisions or applications
31 of the act which can be given effect without the invalid
27
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 provision or application, and to this end the provisions of
2 this act are declared severable.
3 Section 10. Legislative intent.--It is the intent of
4 the Legislature to create individually governed baccalaureate
5 and master's degree oriented universities as a means of
6 increasing the number of baccalaureate degrees in the
7 community. These universities will also play a vital role in
8 addressing the state's need for a larger trained workforce and
9 in alleviating the teacher shortages facing public schools.
10 Section 11. Baccalaureate and master's degree oriented
11 universities.--
12 (1) Baccalaureate and master's degree oriented
13 universities are as follows:
14 (a) Suncoast University in Pinellas County.
15 (b) New College in Sarasota County, which shall be
16 considered a university for purposes of this act.
17 (2) The universities will be developed using a
18 combination of new and existing facilities, with initial
19 development at locations and facilities in the state's
20 existing postsecondary education systems.
21 (3) A community college may not convert to a
22 baccalaureate and master's degree oriented university.
23 Section 12. University mission.--The mission of the
24 baccalaureate and master's degree oriented universities is to
25 provide high-quality undergraduate education at an affordable
26 price, and to promote regional and statewide economic
27 development. Initially, course offerings will be limited to
28 core programs in the liberal arts and sciences, technology,
29 and a limited number of professional programs, including
30 business and education. The role of these universities is to
31 complement, not compete with, community colleges and
28
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 institutions in the State University System. This role will be
2 accomplished by encouraging interinstitutional cooperation and
3 by providing upper-division undergraduate opportunities to
4 community college transfer students, particularly students
5 with associate in science degrees transferring into
6 baccalaureate programs. An additional component of the role of
7 New College will be to continue to maintain its liberal arts
8 honors program of national distinction and to continue to be
9 the honors college of the State of Florida. The emphasis at
10 these new universities will be on teaching, not research.
11 Instruction will be primarily at the baccalaureate degree
12 level with a limited number of master's degree level courses
13 and programs. A baccalaureate and master's degree oriented
14 university shall contract with a local community college to
15 provide lower-division instruction. This primary mission does
16 not preclude one of these universities from entering into a
17 joint-use agreement with any institution in the State
18 University System to offer master's and doctoral degree
19 programs on the baccalaureate and master's degree oriented
20 university campus.
21 Section 13. Operational plan.--The baccalaureate and
22 master's degree oriented universities shall begin admitting
23 students for classes beginning with the fall term of the
24 2002-2003 academic year. The Postsecondary Education Planning
25 Commission shall develop an operational plan for inaugurating
26 the universities and present its recommendations to the
27 President of the Senate, the Speaker of the House of
28 Representatives, and the Governor by January 1, 2001.
29 Section 14. University boards of trustees.--
30 (1) Each baccalaureate and master's degree oriented
31 university must be governed by a board of trustees comprised
29
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 of nine members who must be residents of the county in which
2 the university is located. The trustees shall be appointed by
3 the Governor and confirmed by the Senate in regular session.
4 (2) The trustees shall serve terms of 4 years;
5 however, for the initial board of trustees, three members
6 shall be appointed for terms of 2 years, three members for
7 terms of 3 years, and three members for terms of 4 years. A
8 trustee may be reappointed. Three consecutive absences from
9 board meetings shall be considered a resignation.
10 (3) Members of the board of trustees shall receive no
11 salary but may receive reimbursement for expenses as provided
12 in section 112.061, Florida Statutes, including mileage to and
13 from official board meetings.
14 (4) At its first regular meeting after July 1 of each
15 year, each board of trustees shall:
16 (a) Elect a chair, whose duties shall be to preside at
17 all meetings of the board, to call special meetings thereof,
18 and to attest to actions of the board.
19 (b) Elect a vice chair, whose duty shall be to act as
20 chair during the absence or disability of the elected chair.
21 (5) The university president shall be the executive
22 officer and corporate secretary of the board of trustees as
23 well as the chief administrative officer of the university.
24 All components of the institution and all aspects of its
25 operation shall be the responsibility of the board of trustees
26 through the president.
27 (6) The board of trustees shall have the power to take
28 action without the recommendation of the president and may
29 require the president to deliver to the board all data and
30 information required by the board in the performance of its
31 duties.
30
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 Section 15. University board of trustees to constitute
2 a corporation.--Each baccalaureate and master's degree
3 oriented university board of trustees is constituted a body
4 corporate by the name of "The Board of Trustees of
5 University at , Florida." In all
6 suits against the board, service of process shall be made on
7 the chair of the board or, in the absence of the chair, on
8 another member of the board.
9 Section 16. University boards of trustees; powers and
10 duties.--
11 (1) Each university board of trustees is vested with
12 the responsibility to operate its respective university and
13 with the necessary authority for the proper operation and
14 improvement of the university in accordance with the rules of
15 the State Board of Education.
16 (2) Each university board of trustees shall adopt
17 rules, procedures, and policies consistent with law and rules
18 of the State Board of Education relating to its mission and
19 responsibilities as set forth in law, its governance,
20 personnel, budget and finance, administration, programs,
21 curriculum and instruction, buildings and grounds, travel and
22 purchasing, technology, students, contracts and grants, and
23 university property.
24 (3) The rules, procedures, and policies for the board
25 of trustees include, but are not limited to, the following:
26 (a) Each board of trustees shall appoint, suspend, or
27 remove the president of the university. The board of trustees
28 may appoint a presidential search committee.
29 (b) Each board of trustees shall have responsibility
30 for the establishment and discontinuance of program and course
31 offerings; the provision of instructional and noninstructional
31
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 community services; the location of classes and services
2 provided; and the dissemination of information concerning the
3 programs and services.
4 (c) Each board of trustees shall constitute the
5 contracting agent of the university. A board of trustees may,
6 when acting as a body, make contracts, sue, and be sued in the
7 name of the board of trustees.
8 (d) Whenever the Department of Education finds it
9 necessary for the welfare and convenience of any university to
10 acquire private property for the use of the university, and
11 the property cannot be acquired by agreement satisfactory to
12 the board of trustees of the university and the parties
13 interested in or the owners of the private property, the
14 university board of trustees may exercise the right of eminent
15 domain after receiving approval from the State Board of
16 Education and may then proceed to condemn the property in the
17 manner provided by chapters 73 and 74, Florida Statutes.
18 (e) Each board of trustees may purchase, acquire,
19 receive, hold, own, manage, lease, sell, dispose of, and
20 convey title to real property in the best interests of the
21 university, subject to rules adopted by the State Board of
22 Education.
23 (f) Each board of trustees may adopt rules,
24 procedures, and policies related to the appointment,
25 employment, and removal of personnel. The board shall
26 determine the compensation, including salaries and fringe
27 benefits, and other conditions of employment for such
28 personnel, including the president.
29 Section 17. Universities; admission of students.--Each
30 university shall govern admission of students, subject to this
31 section and rules of the State Board of Education.
32
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (1) Minimum academic standards for undergraduate
2 admission to a university must require a student to complete
3 the requirements for a standard high school diploma as
4 prescribed by section 232.246, Florida Statutes. Among courses
5 taken to fulfill the 24 academic credit requirement, a student
6 must take high school courses that are adopted by the Board of
7 Regents and recommended by the State Board of Community
8 Colleges as college-preparatory academic courses.
9 (2) A university board of trustees may adopt rules
10 that provide for a limited number of students to be admitted
11 to the university, notwithstanding the admission requirements
12 of subsection (1), if there is evidence that the applicant is
13 expected to do successful academic work at the university. The
14 number of applicants admitted under this subsection may not
15 exceed 5 percent of the total number of freshmen who entered
16 the university the prior academic year.
17 (3) Nonresident students may be admitted to the
18 university upon such terms as the university may establish.
19 The terms shall include, but need not be limited to,
20 completion of a secondary school curriculum that includes 4
21 years of English and 3 years each of mathematics, science, and
22 social sciences. The total number of nonresident applicants
23 admitted under this subsection may not exceed 5 percent of the
24 total number of freshmen who entered the university the prior
25 academic year, except for the liberal arts honors program at
26 New College.
27 Section 18. Student fees.--
28 (1) The student per credit hour matriculation and
29 tuition fee must be the equivalent of 25 percent of the total
30 per credit hour cost of instruction as determined annually by
31 the Legislature in the General Appropriations Act.
33
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 (2) Each university board of trustees is authorized to
2 establish separate activity and service and health fees. When
3 duly established, the fees shall be collected as component
4 parts of the matriculation and tuition fees and shall be
5 retained by the university and paid into the separate activity
6 and service and health funds.
7 Section 19. For the fiscal year 2000-2001, there is
8 appropriated to the Technological Research and Development
9 Authority from the General Revenue Fund, $250,000 for planning
10 of the Florida School for Science and Technology.
11 Section 20. Section 229.05371, Florida Statutes, is
12 amended to read:
13 229.05371 Pilot program; Scholarships to public or
14 private school of choice for students with disabilities.--
15 (1) SCHOLARSHIP PILOT PROGRAM.--There is established a
16 pilot program, which is separate and distinct from the
17 Opportunity Scholarship Program, in the Sarasota school
18 district, to provide scholarships to a public or private
19 school of choice for students with disabilities whose academic
20 progress in at least two areas has not met expected levels for
21 the previous year, as determined by the student's individual
22 education plan. Student participation in the pilot program is
23 limited to 5 percent of the students with disabilities in the
24 school district during the first year, 10 percent of students
25 with disabilities during the second year, and 20 percent of
26 students with disabilities during the third year, and no caps
27 in subsequent years. The following applies to the pilot
28 program:
29 (a) To be eligible to participate in the pilot
30 program, a private school must meet all requirements of s.
31 229.0537(4), except for the accreditation requirements of s.
34
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 229.0537(4)(f). For purposes of the pilot program,
2 notification under s. 229.0537(4)(b) must be separate from the
3 notification under the Opportunity Scholarship Program.
4 (b) The school district that participates in the pilot
5 program must comply with the requirements in s.
6 229.0537(3)(a)2., (c), and (d).
7 (c) The amount of the scholarship in the pilot program
8 shall be equal to the amount the student would have received
9 under the Florida Education Finance Program in the public
10 school to which he or she is assigned.
11 (d) To be eligible for a scholarship under the pilot
12 program, a student or parent must:
13 1. Comply with the eligibility criteria in s.
14 229.0537(2)(b) and all provisions of s. 229.0537 which apply
15 to students with disabilities;
16 2. For the school year immediately prior to the year
17 in which the scholarship will be in effect, have documented
18 the student's failure to meet specific performance levels
19 identified in the individual education plan; or, absent
20 specific performance levels identified in the individual
21 education plan, the student must have performed below grade
22 level on state or local assessments and the parent must
23 believe that the student is not progressing adequately toward
24 the goals in the individual education plan; and
25 3. Have requested the scholarship prior to the time at
26 which the number of valid requests exceeds the district's cap
27 for the year in which the scholarship will be awarded.
28 (2) The provisions of s. 229.0537(6) and (8) shall
29 apply to the pilot program authorized in this section. This
30 pilot program is not intended to affect the eligibility of the
31
35
CODING: Words stricken are deletions; words underlined are additions.
SB 292 First Engrossed
1 state or school district to receive federal funds for students
2 with disabilities.
3 Section 21. This act shall take effect upon becoming a
4 law.
5
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
36