HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) McGriff offered the following:
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13 Amendment (with title amendment)
14 On page 15, line 3 through page 64, line 29,
15 remove from the bill: all of said lines
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17 and insert in lieu thereof: Development, an Office of the
18 Florida Partnership for School Readiness, an Office of
19 Educational Facilities and SMART Schools Clearinghouse, and an
20 Office of Student Financial Assistance.
21 2. The creation of a Division of Colleges and
22 Universities.
23 3. The creation of a Division of Community Colleges.
24 4. The creation of a Division of Public Schools.
25 5. The creation of a Division of Independent
26 Education.
27 6. The merger of the powers, duties, and staffs of the
28 State Board of Independent Colleges and Universities and the
29 State Board of Nonpublic Career Education, except as relating
30 to any independent nonprofit college or university whose
31 students are eligible to receive the William L. Boyd, IV,
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 Florida resident access grants pursuant to s. 240.605, into a
2 single Commission for Independent Education administratively
3 housed within the Division of Independent Education.
4 (6) Effective January 7, 2003, the powers and duties
5 of the following entities are relocated to the Florida Board
6 of Education, which shall retain all related funding and
7 budget authority for purposes of a single, seamless
8 kindergarten through graduate school education system and
9 single or coordinated budget and may retain or redistribute
10 the powers and duties of each entity in accordance with the
11 policies and guiding principles of s. 229.002, and the
12 entities shall cease to exist:
13 (a) The Board of Regents.
14 (b) The State Board of Community Colleges.
15 (c) The State Board of Independent Colleges and
16 Universities.
17 (d) The State Board of Nonpublic Career Education.
18 (e) The Division of Workforce Development of the
19 Department of Education.
20 (f) The Postsecondary Education Planning Commission.
21 (g) The Articulation Coordination Committee.
22 (h) The Division of Human Resource Development of the
23 Department of Education.
24 (i) The Division of Support Services of the Department
25 of Education.
26 (j) The Division of Administration of the Department
27 of Education.
28 (k) The Division of Financial Services of the
29 Department of Education.
30 (l) The Division of Technology of the Department of
31 Education.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (m) The Office of Student Financial Assistance of the
2 Department of Education.
3 (n) The Division of Universities of the Department of
4 Education.
5 (o) The Division of Community Colleges of the
6 Department of Education.
7 Section 4. Section 229.0031, Florida Statutes, is
8 created to read:
9 229.0031 Center for Education Policy Research and
10 Improvement.--Effective July 1, 2001, there is created the
11 Center for Education Policy Research and Improvement to
12 conduct and review education research, provide independent
13 analysis on education progress, and provide independent
14 evaluation of education issues of statewide concern. The
15 center shall have an independent advisory council and shall be
16 housed for administrative purposes in the Office of Program
17 Policy Analysis and Government Accountability. Administrative
18 functions of the center shall be provided by the Office of
19 Legislative Services pursuant to joint policies of the
20 Legislature.
21 (1) The center shall:
22 (a) Provide state policymakers, educators, and the
23 public with objective and timely information that supports the
24 seamless K-20 education system and the K-20 education
25 accountability process designed to provide all students an
26 opportunity for a high-quality education, in accordance with
27 the policies and guiding principles of s. 229.002 and the
28 performance accountability system in s. 229.007.
29 (b) Annually review and make recommendations to the
30 Legislature regarding the activities of research centers and
31 institutes supported with state funds in order to assess the
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 return on the state's investment in research conducted by
2 public postsecondary education institutions. Such
3 recommendations shall include the responses of the university
4 presidents.
5 (c) Explore national and state emerging educational
6 issues and examine how these issues should be addressed by
7 education institutions in Florida.
8 (d) Prepare and submit for approval by the Florida
9 Board of Education a long-range performance plan for K-20
10 education in Florida. Annually review the implementation of
11 the plan and make recommendations for improvement.
12 (e) Annually report on the progress of public schools
13 and postsecondary education institutions toward meeting
14 educational goals and standards as defined by s. 229.007.
15 Recommend to the Legislature and the Florida Board of
16 Education legislation and rules for the educational
17 accountability system that support the policies and guiding
18 principles of s. 229.002.
19 (f) Evaluate and report on issues pertaining to
20 student learning gains.
21 (g) Recommend to the Florida Board of Education
22 revisions and new initiatives to further improve the K-20
23 education accountability system.
24 (h) Provide public education institutions and the
25 public with information on the K-20 education accountability
26 system and recommend refinements and improvements.
27 (i) Apply for and receive grants for the study of K-20
28 education system improvement consistent with its
29 responsibilities.
30 (j) Conduct annual studies upon the request of the
31 Legislature or the Florida Board of Education.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (2) The center shall operate under the guidance of an
2 independent nine-member advisory council and the guiding
3 principles of s. 229.002.
4 (3) The advisory council shall be composed of five
5 members appointed by the Governor, two members appointed by
6 the Speaker of the House of Representatives, and two members
7 appointed by the President of the Senate. Each member shall be
8 appointed for a term of 6 years. However, for purposes of
9 continuity, the Governor shall appoint two members, the
10 Speaker of the House of Representatives shall appoint one
11 member, and the President of the Senate shall appoint one
12 member for a first term of 4 years. Members appointed for 4
13 years shall be eligible for one reappointment. Advisory
14 council members shall not include elected officials or
15 employees of public or independent education entities. Members
16 shall serve without compensation, but shall be reimbursed for
17 per diem and travel as provided in s. 112.061. Members who
18 miss two consecutive meetings shall be subject to replacement
19 by the appointing officer. The advisory council shall meet at
20 least four times per year and shall advise the center
21 executive director and staff on all matters pertaining to the
22 duties and responsibilities of the center. The advisory
23 council shall annually evaluate the performance of the center
24 executive director and shall report such evaluations to the
25 Governor.
26 (4) The executive director of the Center for Education
27 Policy Research and Improvement shall direct the activities of
28 the center and appoint and supervise all staff. The executive
29 director shall have broad knowledge and experience in
30 educational accountability, governance, policy, research, and
31 practice. The executive director shall be appointed by the
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 Governor and confirmed by the Florida Board of Education, and
2 shall serve at the pleasure of the advisory council. The
3 executive director shall staff the meetings of the advisory
4 council and shall document and communicate the findings and
5 recommendations of the advisory council. The executive
6 director shall report to the Florida Board of Education on at
7 least a quarterly basis to inform the board of the center's
8 findings.
9 (5) The center shall be staffed and funded as provided
10 for in the General Appropriations Act. The center shall have
11 access to all education performance and accountability data
12 collected or maintained by the Department of Education. During
13 the reorganization of the Department of Education as provided
14 for in this act, staff and funding may be transferred from the
15 Department of Education to the center to fulfill its statutory
16 functions.
17 Section 5. Section 229.004, Florida Statutes, is
18 amended to read:
19 229.004 Florida Board of Education.--
20 (1)(a) In accordance with the implementation process
21 in s. 229.0072 Effective January 7, 2003, the Florida Board of
22 Education is established as a body corporate. The board shall
23 be a part-time citizen board consisting of seven members
24 appointed by the Governor to staggered 4-year terms, subject
25 to confirmation by the Senate, provided, however, that Senate
26 confirmation is not required for the members of the Florida
27 Board of Education to perform the duties as prescribed in this
28 education governance reorganization implementation act.
29 Members of the board shall serve without compensation, but
30 shall be entitled to reimbursement of travel and per diem
31 expenses in accordance with s. 112.061. Members may be
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 reappointed by the Governor for additional terms not to exceed
2 8 years of consecutive service.
3 (b) The Governor shall appoint the first chair of the
4 Florida Board of Education who shall serve for 2 years. After
5 expiration of the 2-year term and at the first regular meeting
6 of the board after July 1, the Florida Board of Education
7 shall select a chair and a vice chair from its appointed
8 members. The chair shall serve a 2-year term and may be
9 reselected for one additional consecutive term. The Florida
10 Board of Education shall have a chairperson who shall be
11 appointed by the Governor.
12 (2) The primary duties of the board shall be to
13 establish education goals and objectives consistent with the
14 policies and guiding principles of s. 229.002 and the mission
15 and goals of s. 229.007 and, together with the Commissioner of
16 Education, to oversee the implementation of and enforce
17 compliance with the education policies established by the
18 Legislature. The board, and the commissioner, shall establish,
19 operate, and maintain optimal efficiency of an Office of the
20 Commissioner of Education pursuant to s. 229.0061(2)(c) in
21 accordance with the guidelines of ss. 229.0061 and 229.0073
22 Board of Education.
23 (3) In performing its duties, the board, together with
24 the Commissioner of Education, shall:
25 (a) Ensure accountability and responsiveness to
26 Florida's citizens, including the establishment of a Citizen
27 Information Center that utilizes quick response and
28 customer-friendly methodologies.
29 (b) Establish and aggressively enforce efficient and
30 effective performance management objectives.
31 (c) Maximize the effectiveness of local, state, and
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 federal education linkages and funds.
2 (d) Issue guidelines for the development of
3 legislative budget requests for operations and fixed capital
4 outlay for the coordinated K-20 system.
5 (e)(d) Recommend one budget or a coordinated budget
6 and long-range program plans based on consistent policies for
7 a seamless kindergarten through graduate school education.
8 (f)(e) Adopt cohesive rules, within statutory
9 authority, for education systemwide issues, including rules
10 governing systemwide access to educational opportunities, and
11 ensure that rules adopted for the various education delivery
12 systems are compatible.
13 (g)(f) Ensure articulation and coordination within and
14 across the entire education delivery system.
15 (h)(g) Provide ongoing public information regarding
16 performance results for the entire kindergarten through
17 graduate school education system and each of its components.
18 (4) The board, with the Commissioner of Education,
19 shall be responsible for:
20 (a) The work of with the Chancellor of Public Schools
21 K-12 Education to establish, and maintain optimal efficiency
22 of, a Division an Office of Public Schools, within the
23 guidelines of ss. 229.0061 and 229.0073, and to achieve the
24 mission and goals of s. 229.007 K-12 Education.
25 (b) The work of with the Chancellor of Colleges and
26 State Universities to establish, and maintain optimal
27 efficiency of, a Division an Office of Colleges and State
28 Universities, within the guidelines of ss. 229.0061 and
29 229.0073, and to achieve the mission and goals of s. 229.007.
30 (c) The work of with the Chancellor of Community
31 Colleges and Career Preparation to establish, and maintain
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 optimal efficiency of, a Division an Office of Community
2 Colleges, within the guidelines of ss. 229.0061 and 229.0073,
3 and to achieve the mission and goals of s. 229.007 and Career
4 Preparation.
5 (d) The work of with the Executive Director of
6 Independent Nonpublic and Nontraditional Education to
7 establish, and maintain optimal efficiency of, a Division an
8 Office of Independent Nonpublic and Nontraditional Education,
9 within the guidelines of ss. 229.0061 and 229.0073 Services.
10 Section 6. Section 229.005, Florida Statutes, is
11 amended to read:
12 229.005 Florida education governance officers.--
13 (1) COMMISSIONER OF EDUCATION.--The Commissioner of
14 Education shall work with the Florida Board of Education and
15 oversee the other education governance officers to focus be
16 appointed by the Board of Education from candidates of
17 national caliber and respected and proven organizational
18 leadership with established experience in administering
19 broad-based policy. The commissioner shall be a person who is
20 eminently capable of focusing the entire kindergarten through
21 graduate school education system on accomplishing to
22 accomplish the policies and guiding principles of s. 229.002
23 and achieving the mission and goals of s. 229.007. The
24 commissioner shall have the ability to successfully provide
25 education policy and planning direction, program development,
26 performance management, and funding allocation recommendations
27 across the spectrum of kindergarten through graduate school
28 education., and the ability to achieve and safeguard the will
29 of the people of Florida as expressed in s. 1, Art. IX of the
30 Florida Constitution, that "adequate provision shall be made
31 by law for a uniform, efficient, safe, secure, and high
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 quality system of free public schools that allows students to
2 obtain a high quality education and for the establishment,
3 maintenance, and operation of institutions of higher learning
4 and other public education programs that the needs of the
5 people may require."
6 (2) CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The
7 Chancellor of Public Schools K-12 Education shall be appointed
8 by the Commissioner of Education based on his or her ability
9 to work as a division vice president of the seamless K-20
10 education system with the Florida Board of Education and the
11 other education governance officers to comply with the
12 policies and guiding principles of s. 229.002, to achieve the
13 mission and goals of s. 229.007, to enhance the quality of
14 public K-12 education in Florida, and to maximize the equity
15 of public K-12 education in Florida by moving the focus to the
16 school site and the individual student., and to achieve and
17 safeguard the will of the people of Florida as expressed in s.
18 1, Art. IX of the Florida Constitution, that "adequate
19 provision shall be made by law for a uniform, efficient, safe,
20 secure, and high quality system of free public schools that
21 allows students to obtain a high quality education. . . ."
22 (3) CHANCELLOR OF COLLEGES AND STATE
23 UNIVERSITIES.--The Chancellor of Colleges and State
24 Universities shall be appointed by the Commissioner of
25 Education based on his or her ability to work as a division
26 vice president of the seamless K-20 education system with the
27 Florida Board of Education and the other education governance
28 officers to comply with the policies and guiding principles of
29 s. 229.002, to achieve the mission and goals of s. 229.007, to
30 enhance the national reputation and quality of education and
31 educational research in Florida's colleges and state
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 universities, and to work directly with each of the college
2 and state university presidents and boards of trustees in
3 focusing on the education and educational research needs of
4 the individual college or university and its students.
5 (4) CHANCELLOR OF COMMUNITY COLLEGES AND CAREER
6 PREPARATION.--The Chancellor of Community Colleges and Career
7 Preparation shall be appointed by the Commissioner of
8 Education based on his or her ability to work as a division
9 vice president of the seamless K-20 education system with the
10 Florida Board of Education and the other education governance
11 officers to comply with the policies and guiding principles of
12 s. 229.002, to achieve the mission and goals of s. 229.007, to
13 enhance the quality of education in Florida's community
14 colleges, and to work directly with each of the community
15 college presidents and boards of trustees in focusing on the
16 education needs of the communities and students they serve.
17 (5) EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND
18 NONTRADITIONAL EDUCATION.--The Executive Director of
19 Independent Nonpublic and Nontraditional Education shall be
20 appointed by the Commissioner of Education based on his or her
21 ability to work as a division vice president of the seamless
22 K-20 education system with the Florida Board of Education and
23 the other education governance officers to comply with the
24 policies and guiding principles of s. 229.002, to protect the
25 independence, autonomy, and nongovernmental status of
26 independent education in Florida, to enhance the quality and
27 expand the offerings and innovations of independent nonpublic
28 and nontraditional education in Florida, to establish
29 partnerships with independent nonpublic education providers at
30 all levels to achieve these goals, and to work directly with
31 the Board of Trustees of the Florida Virtual On-Line High
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 School and with Florida's private school associations, home
2 education associations, independent nonpublic career education
3 institutions, and independent colleges and universities to
4 maximize educational choice and enhance the options,
5 educational alternatives, and student-focused delivery for
6 their students.
7 Section 7. Subsections (1), (4), (5), (6), and (7) of
8 section 229.006, Florida Statutes, are amended to read:
9 229.006 Education Governance Reorganization Transition
10 Task Force.--
11 (1) In order to accomplish a smooth transition on
12 January 7, 2003, from the elected State Board of Education to
13 the appointed Florida Board of Education, there shall be
14 established the Education Governance Reorganization Transition
15 Task Force. All members of the task force shall be appointed
16 as soon as feasible but not later than October 1, 2000. The
17 task force shall be comprised of:
18 (a) Five members appointed by the Governor;
19 (b) Three members appointed by the President of the
20 Senate; and
21 (c) Three members appointed by the Speaker of the
22 House of Representatives.
23
24 The transition task force shall be charged with the duty to
25 identify issues, conduct research, develop the necessary
26 procedural and substantive framework, and make recommendations
27 to the Legislature for an orderly 3-year phase-in for a
28 seamless education continuum and a single or coordinated
29 kindergarten through graduate school budget in accordance with
30 the policies and guiding principles of s. 229.002, so that the
31 Florida Board of Education may immediately begin its work on
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 January 7, 2003, with maximum effectiveness.
2 (4) Having completed its recommendations to the
3 Legislature by March 1, 2001, the transition task force shall
4 redirect its focus to provide guidance and monitoring of the
5 implementation process pursuant to s. 229.0072 and to
6 regularly report to the Governor, the Legislature, the chief
7 transition officer, and the public on the progress of the
8 reorganization implementation process. If any implementation
9 activity is determined by a majority vote of the task force to
10 be inconsistent with the intent of this act, the chair of the
11 task force shall report such activity directly to the State
12 Board of Education, and the State Board of Education shall act
13 immediately to resolve the dispute. recommend to the
14 Legislature:
15 (a) How best to achieve education system integration
16 by:
17 1. Combining appropriate education functions and
18 policies into or under the new Florida Board of Education.
19 2. Devolving the education delivery services and
20 operational decisions to the appropriate location of delivery
21 to students, specifically the schools, community colleges,
22 colleges, universities, area technical centers, and other
23 education institutions or places where the students receive
24 their education.
25 3. Providing for a single or coordinated kindergarten
26 through graduate school education budget.
27 (b) How best to achieve economies in education
28 services, including recommendations concerning consolidation
29 of information systems and integrated performance and
30 financial accounting systems, while maximizing effectiveness
31 within existing resources and staff.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (c)1. Which, if any, current education staff functions
2 and resources should be eliminated, transferred, or realigned
3 within the proposed new education organizational structure.
4 2. A recommended salary structure for the Commissioner
5 of Education and for the chancellors.
6 (d) Whether an Office of Policy Research should be
7 established to explore emerging issues, locate successful and
8 innovative educational programs, and make recommendations to
9 the Governor, the Florida Board of Education, and the
10 Legislature and, if so, its mission, staffing, and location.
11 (e) The optimal mission of the Florida On-Line High
12 School and a methodology for the operation and funding of the
13 school to achieve that mission.
14 (f) The optimal location and structure of the Florida
15 Partnership for School Readiness.
16 (5) By March 1, 2002, the transition task force shall
17 recommend to the Legislature:
18 (a) Standards, definitions, and guidelines for
19 universities, colleges, community colleges, schools, and other
20 education institutions to ensure the quality of education,
21 systemwide coordination, and efficient progress toward
22 attainment of their appropriate missions.
23 (b) Rules and procedures as necessary to be followed
24 by university boards of trustees, community college boards of
25 trustees, and other boards of trustees, as determined
26 appropriate, for recruitment and selection of presidents,
27 procedures for annual evaluations of presidents, and
28 procedures for interaction between presidents, the boards of
29 trustees, and the new Florida Board of Education.
30 (c) A systemwide strategic plan for postsecondary
31 institutions that considers the role, in their respective
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 communities, of each of the institutions.
2 (d) Methodologies for degree program approval,
3 establishment of matriculation and tuition fees, and
4 coordination of colleges' and universities' budget requests.
5 (e) Any additional statutory changes needed during the
6 2002 legislative session to complete the education governance
7 reorganization transition.
8 (6) By March 1, 2003, the transition task force shall
9 recommend to the Legislature:
10 (a) Statutory changes necessary to accomplish the
11 policies and guiding principles of s. 229.002, including, but
12 not limited to, statutory changes necessitated by the repeal
13 and review provisions of subsection 3(8) of this act.
14 (b) Rulemaking authority for the new Florida Board of
15 Education and a plan and timetable for transition or
16 coordination of existing education sector agency rules and
17 rulemaking authority recommendations, if any, for education
18 agencies.
19 (c) Waiver authority, if any, for the Commissioner of
20 Education or the Florida Board of Education.
21 (5)(7) By March May 1, 2003, the transition task force
22 shall have completed its duties and shall make its final
23 report to the Governor, the Florida Board of Education, the
24 Commissioner of Education, the President of the Senate, the
25 Speaker of the House of Representatives, and the minority
26 leaders of each chamber. The final report shall include, but
27 is not limited to:
28 (a) A summary of the work and recommendations of the
29 task force and the status of full implementation of the K-20
30 education system.
31 (b) The status of all pending and completed actions on
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 orders and rules, all enforcement matters, and all
2 delegations, interagency agreements, and contracts with
3 federal, state, regional, and local governments and private
4 entities.
5 (c) Identification of any remaining or potential
6 duplication in the administration of state education laws and
7 rules, with specific recommendations to eliminate such
8 duplication and promote more efficient administration.
9 Section 8. Section 229.0061, Florida Statutes, is
10 created to read:
11 229.0061 Florida's K-20 education system; guidelines
12 for implementation; guidelines for structure, functions, and
13 organization.--
14 (1) GUIDELINES FOR IMPLEMENTATION.--
15 (a) Florida's seamless K-20 education system shall be
16 a decentralized system in which as many commissions, boards,
17 councils, and other excess layers of bureaucracy as possible
18 are eliminated.
19 (b) Florida's K-20 education system shall rely on a
20 single entity, the Florida Board of Education, as its single
21 strategic voice. If the board desires assistance on matters of
22 policy research or other issues, the board shall be authorized
23 to appoint a committee or committees to assist it on any and
24 all issues within the K-20 education system on an ad hoc
25 basis.
26 (c) Members of the Florida Board of Education shall
27 focus on high-level policy decisions.
28 (d) It is essential to the success of Florida's
29 seamless K-20 education system to have a fully operational
30 systemwide technology plan based on a common set of data
31 definitions.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (2) GUIDELINES FOR STRUCTURE, FUNCTIONS, AND
2 ORGANIZATION.--
3 (a) Roles of the Legislature, the Florida Board of
4 Education, the education governance officers, and the
5 institutional boards of trustees and school boards.--The
6 Legislature shall establish education policy, enact education
7 laws, and appropriate and allocate education resources. The
8 Florida Board of Education shall enforce all laws, rules, and
9 guidelines and shall timely provide direction, resources,
10 assistance, intervention when needed, and strong incentives
11 and disincentives to force accountability for results. In
12 terms of major areas of responsibility, the Legislature, the
13 Florida Board of Education, the education governance officers,
14 and the institutional boards of trustees and school boards
15 shall each perform essential constituent roles.
16 (b) Florida Board of Education.--The Florida Board of
17 Education shall serve as the body corporate for Florida's
18 seamless K-20 education system; implement the coordinated
19 education vision; and, together with the commissioner,
20 chancellors, and executive director, oversee the success of
21 that vision. The Florida Board of Education shall:
22 1. Enforce systemwide education policies and goals.
23 2. Recommend annually the coordinated education budget
24 and authorize the allocation of resources in accordance with
25 law and rule. Any program recommended by the Florida Board of
26 Education which requires state funding for more than 1 year
27 must be presented in a multiyear budget plan.
28 3. Adopt long-term and short-term education plans.
29 4. Enforce education accountability standards and
30 measures of all components of the K-20 education system.
31 5. Accurately and continuously assess data and monitor
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 and report performance.
2 6. Provide high-quality assistance and intervention
3 when and where needed.
4 7. Provide timely and accurate information on all
5 public and independent education services.
6 8. Recommend to the Legislature the missions of the
7 public colleges and universities and community colleges.
8 (c) Commissioner of Education.--The Commissioner of
9 Education shall serve as secretary and executive director of
10 the State Board of Education. The commissioner shall propose
11 action on all issues that come before the state board and be
12 responsible for enforcing compliance with the mission and
13 goals of the seamless K-20 education system by all education
14 delivery sectors. The commissioner's office shall operate all
15 statewide functions necessary to support the Florida Board of
16 Education and the seamless K-20 education system, including
17 the following areas:
18 1. Legal.
19 2. Communications, including a Citizen Information
20 Center that provides quick response and uses customer-friendly
21 methods.
22 3. Strategic planning and budget development.
23 4. General administration.
24 5. Assessment and accountability.
25 6. Data management, education technology, and an
26 education data warehouse.
27 7. Access and opportunity, including student financial
28 assistance.
29 8. Policy research and development, except the Center
30 for Education Policy Research and Improvement.
31 9. Florida Board of Education personnel.
18
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 10. Workforce and economic development.
2 11. Educational facilities.
3 12. Technology and information services.
4 13. Student financial assistance.
5 14. Inspector General.
6 (d) Chancellors and executive director.--The
7 chancellors of the public schools, community colleges, and
8 colleges and universities divisions and the Executive Director
9 of the Division of Independent Education shall serve the
10 Florida Board of Education and the Commissioner of Education
11 in the role of division vice presidents of the K-20 education
12 system and as governance officers and critical members of the
13 state-level education leadership team. They shall each be held
14 responsible for providing leadership, administering programs,
15 resolving disputes, providing technical assistance, and timely
16 recommending action plans to the commissioner for sanctions or
17 intervention when needed, as well as making recommendations to
18 the board and the commissioner for strategic planning and
19 budget development for their respective education delivery
20 sectors. They shall support the governing policies and
21 responsibilities of the board and the commissioner and bear
22 primary responsibility for the achievement of the mission and
23 goals of the K-20 education system by their education delivery
24 sectors, as applicable to their sectors. They shall reinforce
25 the policies and principles of the seamless K-20 education
26 system in every venue and at every opportunity, and work
27 together to facilitate horizontal communications and
28 interactions between the education delivery sectors.
29 Specifically, as applicable, each education governance officer
30 shall:
31 1. Serve as the head of the division.
19
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 2. Supervise all employees and work of the division.
2 3. Properly and timely inform education institutions
3 and the public as to legislative action, including funding,
4 grant opportunities, and substantive policy changes affecting
5 the division.
6 4. Direct the review of expenditures of public funds
7 in accordance with legislative intent.
8 5. Evaluate the performance of each education
9 institution under the division and report performance results
10 to the public, the Legislature, the Commissioner of Education,
11 the Florida Board of Education, and the institution and its
12 governing board.
13 6. Direct institutional governing boards to take
14 corrective action to improve unsatisfactory performance
15 pursuant to law and rules of the Florida Board of Education.
16 7. Direct and oversee the development of the
17 division's accountability system and recommend changes to the
18 Commissioner of Education and the Florida Board of Education.
19 8. Direct the division's activities in order to
20 coordinate with other divisions to provide a seamless
21 education system.
22 9. Direct the provision of state services to
23 institutions under the division.
24 10. Direct the development of the division's
25 legislative budget request and work cooperatively with the
26 commissioner and other governance officers to develop a
27 coordinated budget request.
28 11. Serve as the primary point of contact and
29 communication for the division.
30 (e) Institutional boards of trustees and school
31 boards.--Each institutional board of trustees and school board
20
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 shall:
2 1. Provide strategic planning and budget development
3 for their institution or school district.
4 2. Implement and maintain high-quality education
5 programs within law and rules of the Florida Board of
6 Education.
7 3. Measure and enforce performance.
8 4. Provide timely and accurate reporting of
9 information.
10 5. Provide direct input on education issues to the
11 education governance officers.
12 6. Have broad latitude within law and rules of the
13 Florida Board of Education in developing local policies and
14 local programs to meet the needs of their students, their
15 communities, and area employers.
16 7. Hold presidents and appointed superintendents
17 responsible for institution and school performance.
18 8. Be responsible for the fiscal accountability of
19 their institution or school district.
20 9. Be responsible for compliance with all laws, rules
21 of the Florida Board of Education, and performance
22 accountability requirements.
23 (f) Presidents and superintendents.--Each
24 institutional president and school district superintendent
25 shall:
26 1. Be responsible for efficient and effective budget
27 and program administration.
28 2. Provide strong leadership to accomplish their
29 education missions and goals.
30 3. Closely monitor education performance.
31 4. Provide timely and accurate financial and
21
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 performance data.
2 5. Link instructional staff evaluations to student
3 performance.
4 (g) Ad hoc advisory committees.--Advisory bodies shall
5 be appointed on an ad hoc basis by the Florida Board of
6 Education to serve the board, commissioner, and chancellors
7 when and as needed by studying and recommending action on
8 major issues that affect the direction and quality of
9 education, providing public forums for debate, and
10 safeguarding a coordinated systemwide approach to education
11 policy decisions.
12 Section 9. Section 229.007, Florida Statutes, is
13 created to read:
14 229.007 Florida's K-20 education performance
15 accountability system; legislative intent; mission, goals, and
16 systemwide measures.--
17 (1) LEGISLATIVE INTENT.--It is the intent of the
18 Legislature that:
19 (a) The performance accountability system implemented
20 to assess the effectiveness of Florida's seamless K-20
21 education delivery system provide answers to the following
22 questions in relation to its mission and goals:
23 1. What is the public getting in return for funds it
24 invests in education?
25 2. How is Florida's K-20 education system performing
26 in terms of educating its students?
27 3. How are the major delivery sectors performing to
28 promote student achievement?
29 4. How are individual schools and postsecondary
30 education institutions performing their responsibility to
31 educate their students as measured by how students are
22
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 performing and how much they are learning?
2 (b) The Florida Board of Education recommend to the
3 Legislature systemwide performance standards; the Legislature
4 establish systemwide performance measures and standards; and
5 the systemwide measures and standards provide Floridians with
6 information on what the public is getting in return for the
7 funds it invests in education and how well the K-20 system
8 educates its students.
9 (c) The Florida Board of Education establish
10 performance measures and set performance standards for
11 individual components of the public education system,
12 including individual schools and postsecondary education
13 institutions, which measures and standards are based primarily
14 on student achievement.
15 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The
16 mission of Florida's K-20 education system, when it becomes
17 fully operational, shall be to increase the proficiency of all
18 students within one seamless, efficient system, by providing
19 them with the opportunity to expand their knowledge and skills
20 through learning opportunities and research valued by
21 students, parents, and communities, and to maintain an
22 accountability system that measures student progress toward
23 the following goals:
24 (a) Highest student achievement, as measured by:
25 student FCAT performance and annual learning gains; the number
26 and percentage of schools that improve at least one school
27 performance grade designation or maintain a school performance
28 grade designation of "A" pursuant to s. 229.57; graduation or
29 completion rates at all learning levels; and other measures
30 identified in law or rule.
31 (b) Seamless articulation and maximum access, as
23
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 measured by: the percentage of students who demonstrate
2 readiness for the educational level they are entering, from
3 kindergarten through postsecondary education and into the
4 workforce; the number and percentage of students needing
5 remediation; the percentage of Floridians who complete
6 associate, baccalaureate, professional, and postgraduate
7 degrees; the number and percentage of credits that articulate;
8 the extent to which each set of exit-point requirements
9 matches the next set of entrance-point requirements; and other
10 measures identified in law or rule.
11 (c) Skilled workforce and economic development, as
12 measured by: the number and percentage of graduates employed
13 in their areas of preparation; the percentage of Floridians
14 with high school diplomas and postsecondary education
15 credentials; the percentage of business and community members
16 who find that Florida's graduates possess the skills they
17 need; and other measures identified in law or rule.
18 (d) Quality efficient services, as measured by: cost
19 per completer or graduate; average cost per noncompleter at
20 each educational level; cost disparity across institutions
21 offering the same degrees; the percentage of education
22 customers at each educational level who are satisfied with the
23 education provided; and other measures identified in law or
24 rule.
25 Section 10. Section 229.0072, Florida Statutes, is
26 created to read:
27 229.0072 Reorganization implementation process.--In
28 order to best achieve the legislative purpose of the Florida
29 Education Governance Reorganization Implementation Act:
30 (1) The Governor shall appoint the members of the
31 boards of trustees of the state universities in accordance
24
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 with s. 229.008.
2 (2) Effective July 1, 2001, the Governor shall appoint
3 a seven-member Florida Board of Education. The Florida Board
4 of Education shall be housed within, and operate under the
5 direction of, the State Board of Education. The Florida Board
6 of Education shall appoint a chief transition officer who
7 shall serve as the board's primary liaison with all entities
8 involved in the reorganization of education. The chief
9 transition officer shall be responsible directly to the
10 Florida Board of Education and shall serve as staff to the
11 board on all action items relating to the reorganization.
12 During the reorganization implementation period, the chief
13 transition officer shall:
14 (a) Be responsible for proposing actions regarding all
15 education governance reorganization implementation issues.
16 (b) Be responsible for integration of the Department
17 of Education as it is reorganized into an agency of the
18 Governor.
19 (c) Serve as secretary of the Florida Board of
20 Education.
21 (d) Serve as the head of the Education Reorganization
22 Workgroup.
23 (e) Serve as the head of the K-20 education leadership
24 team.
25 (3) The Florida Board of Education shall establish a
26 detailed procedure for the implementation of a systemwide K-20
27 technology plan which includes a month-by-month timeline with
28 monthly progress reports to the board.
29 (4) Subject to review and approval of the State Board
30 of Education, the Florida Board of Education shall:
31 (a) Adopt rules pursuant to ss. 120.536(1) and 120.54
25
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 to implement provisions of law conferring duties upon it. The
2 rules shall be submitted to the State Board of Education. If
3 any rule is not disapproved by the State Board of Education
4 within 45 days after its receipt, the rule shall be filed
5 immediately with the Department of State.
6 (b) Prepare and submit a coordinated K-20 education
7 budget to the Governor and Legislature that clearly defines
8 the individual needs of the divisions within the Department of
9 Education. No school district shall use public funds to
10 support activities of an employee organization. The Florida
11 Board of Education shall adopt rules implementing this
12 restriction on the use of public funds and shall not allow
13 such use of public funds to be included in its recommended
14 budget, except for collective bargaining negotiations.
15 (c) Establish a work plan and timeline for the orderly
16 implementation of the transition, including a fully detailed
17 plan and timeline for the devolution of duties, as
18 appropriate, to the university boards of trustees.
19 (d) Establish accountability standards for existing
20 legislative performance goals, standards, and measures, and
21 order the development of mechanisms to implement new
22 legislative goals, standards, and measures.
23 (e) Supervise the coordination of institutions and
24 delivery sectors.
25 (f) Establish policies for university and community
26 college boards of trustees to follow in selecting presidents.
27 (g) Approve plans and reports, and take other
28 necessary actions pertaining to the supervision of education.
29 (h) Effectuate the timely implementation of the
30 seamless K-20 education system.
31 (i) Establish advisory boards to provide the support
26
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 needed to address issues such as public education facilities
2 planning; student issues; instructional issues; distance
3 learning and technology; academic quality, freedom, and
4 responsibility; and research.
5 (j) Develop and review recommendations on issues of
6 statewide importance, such as technology systems and
7 facilities.
8 (k) Adopt criteria and implementation plans for future
9 growth issues, such as new colleges and universities and
10 campus mergers; and provide for cooperative agreements between
11 and within public and private education sectors.
12 (l) Advise the State Board of Education regarding the
13 issuance of bonds.
14 (m) Appoint advisory bodies, as necessary, on an ad
15 hoc basis.
16 (n) Develop and recommend to the Education Governance
17 Reorganization Transition Task Force, the Governor, the chief
18 transition officer, the Commissioner of Education, and the
19 Legislature, no later than January 1, 2002, for adoption
20 during 2002, a clear, concise new School Code, comprised of
21 the revision of chapters 228-246, to accomplish the
22 implementation, administration, and operation of Florida's
23 seamless K-20 education system in accordance with the
24 guidelines included in s. 229.0061.
25 (o) Receive, review, and make decisions regarding
26 charter school appeals, which decisions shall be binding
27 notwithstanding any provision of law to the contrary.
28 (5) Effective July 1, 2001, the Commissioner of
29 Education shall:
30 (a) Work with the Florida Board of Education to
31 achieve full implementation of the seamless K-20 education
27
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 system.
2 (b) Commence reorganization of the Department of
3 Education as a state agency of the Governor in accordance with
4 legislative guidelines pursuant to s. 229.0073, the
5 requirements of s. 229.003(5), and requests of the Florida
6 Board of Education as approved by the State Board of
7 Education.
8 (c) As secretary of the State Board of Education,
9 assist the chief transition officer in determining the agenda
10 for the Florida Board of Education and provide the Florida
11 Board of Education and the State Board of Education the full
12 support of the reorganized Department of Education.
13 Section 11. Section 229.0073, Florida Statutes, is
14 created to read:
15 229.0073 Reorganization of the Department of
16 Education.--Effective July 1, 2001, notwithstanding the
17 provisions of s. 20.15, the chief transition officer's
18 Education Reorganization Workgroup is established to direct
19 and provide oversight for the reorganization of Florida's K-20
20 Department of Education. The workgroup shall be comprised of
21 the Commissioner of Education, the Governor or his designee,
22 the chief transition officer, the Chancellor of Colleges and
23 Universities, the Chancellor of Community Colleges, the
24 Chancellor of Public Schools, and the Executive Director of
25 Independent Education, who shall consult with the legislative
26 members of the Education Governance Reorganization Transition
27 Task Force. The reorganization shall:
28 (1) Eliminate duplication across divisions; achieve
29 greater efficiencies in financial and human resources and
30 education services; and identify functions, resources, and
31 services that should be eliminated, transferred, or realigned.
28
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (2) Include a review and assessment of all bureaus,
2 offices, divisions, and functions of the department
3 reorganized pursuant to this section.
4 (3) Establish an Office of the Commissioner of
5 Education that includes the general areas of operation that
6 are common to all delivery sectors, such as administration,
7 communication, legal services, financial aid, and government
8 and public relations, in order to increase efficiency, improve
9 service delivery to students, and fully support the
10 operational needs of the Florida Board of Education.
11 (4) Establish the following divisions within the
12 department:
13 (a) Division of Public Schools (K-12).--The state's
14 public elementary, middle, junior high, and high schools, as
15 well as combination schools, charter schools, district magnet
16 programs, and area technical centers.
17 (b) Division of Community Colleges.--The state's 28
18 public community colleges.
19 (c) Division of Colleges and Universities.--The
20 state's public universities and colleges and the 4-year
21 independent colleges and universities whose students are
22 eligible to receive the William L. Boyd, IV, Florida resident
23 access grants pursuant to s. 240.605, to enable more effective
24 articulation between these public and private institutions.
25 The division chancellor shall administer those provisions of
26 chapter 246 that apply to the independent colleges and
27 universities within the division and shall establish a liaison
28 responsible for partnerships that enhance articulation between
29 and communication with Florida's 4-year independent colleges
30 and universities.
31 (d) Division of Independent Education.--The
29
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 independent education providers within the state, including
2 home education programs that meet the requirements of s.
3 232.0201, private K-12 institutions as described in s.
4 229.808, independent colleges and universities, except those
5 identified under paragraph (c), and private postsecondary
6 career preparation and vocational training institutions.
7 1. The division shall be under an executive director
8 and shall house a new commission, appointed by the Governor,
9 to oversee licensing of independent postsecondary
10 institutions, consumer protection, and program improvement.
11 The commission shall have the powers and duties of the State
12 Board of Independent Colleges and Universities specified in
13 chapter 246, except the powers and duties relating to those
14 institutions identified under paragraph (c), and of the State
15 Board of Nonpublic Career Education.
16 2. The division shall serve as the advocate for and
17 liaison to the independent education providers identified in
18 this paragraph.
19 3. The executive director of the division shall
20 establish a mechanism for regular interaction and input from
21 independent education providers in the development of policies
22 that provide seamless articulation for all students.
23 4. The division shall afford students and parents
24 educational options apart from the public K-20 system.
25 (5) Establish the following offices within the Office
26 of the Commissioner of Education which shall coordinate their
27 activities with all other divisions and offices:
28 (a) Office of Technology and Information Services.--In
29 conjunction with the Chancellor of Public Schools, the
30 Chancellor of Community Colleges, and the Chancellor of
31 Colleges and Universities, the office shall be responsible for
30
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 developing a systemwide technology plan, making budget
2 recommendations to the commissioner, providing data collection
3 and management for the system, and coordinating services with
4 other state, local, and private agencies. The office shall
5 develop a method to address the need for a statewide approach
6 to planning and operations of library and information services
7 to achieve a single K-20 education system library information
8 portal and a unified higher education library management
9 system. The Florida Virtual High School shall be
10 administratively housed within the office.
11 (b) Office of Workforce and Economic Development.--The
12 office shall evaluate the role of each sector of education in
13 Florida's workforce and economic development, assess the
14 specific work skills and variety of careers provided, and
15 report to the Florida Board of Education the effectiveness of
16 each sector.
17 (c) Office of the Florida Partnership for School
18 Readiness.--The Office shall administer school readiness
19 program services that help parents prepare eligible children
20 for school; coordinate the provision of school readiness
21 services on a full-day, full-year, full-choice basis to the
22 extent possible in order to enable parents to work and be
23 financially self-sufficient; and establish a uniform screening
24 instrument to be implemented by the Department of Education
25 and administered by the school districts upon entry into
26 kindergarten to assess the readiness for school of all
27 children.
28 (d) Office of Educational Facilities and SMART Schools
29 Clearinghouse.--The office shall validate all educational
30 plant surveys and verify Florida Inventory of School Houses
31 (FISH) data. The office shall provide technical assistance to
31
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 public school districts when requested. The office, staff,
2 property, and functions of the SMART Schools Clearinghouse are
3 transferred by a type two transfer, pursuant to s. 20.06(2),
4 from the Department of Management Services to the Office of
5 Educational Facilities and SMART Schools Clearinghouse within
6 the Office of the Commissioner of Education.
7 (e) Office of Student Financial Assistance.--The
8 office shall provide access to and administer state and
9 federal grants, scholarships, and loans to those students
10 seeking financial assistance for postsecondary study pursuant
11 to program criteria and eligibility requirements.
12 (6) Establish a K-20 education leadership team,
13 including, but not limited to, the chief transition officer
14 and the education governance officers. The leadership team
15 shall be responsible for systemwide horizontal and vertical
16 communication, and assisting the achievement of the seamless
17 K-20 education system.
18 Section 12. Section 229.0074, Florida Statutes, is
19 created to read:
20 229.0074 Division of Independent Education.--
21 (1) The mission of the Division of Independent
22 Education is to enhance the opportunity to raise the
23 educational attainment levels of students pursuing their
24 education in nongovernment settings by representing their
25 interests, and those of the institutions that serve them, in
26 the Department of Education. The Division of Independent
27 Education has no authority over the institutions or students
28 in Florida's independent education sector. The Commission for
29 Independent Education, administratively housed within the
30 division, shall have such authority as specified in chapter
31 246 relating to independent postsecondary education, except
32
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 regarding those institutions described in s. 229.0073(4)(c).
2 The division shall serve as the advocate for, and liaison to,
3 independent education providers and institutions, including
4 home education programs that meet the requirements of s.
5 232.0201, private K-12 institutions as described in s.
6 229.808, independent colleges and universities except as
7 otherwise provided in s. 229.0073(4)(c), and private
8 postsecondary career preparation/vocational training
9 institutions.
10 (2) The executive director of the division shall
11 establish a mechanism for regular interaction and input from
12 independent education providers in the development of policies
13 that provide seamless articulation for all students. The
14 executive director shall:
15 (a) Learn the interests and concerns of the students
16 and providers of independent education at all levels in order
17 to strongly represent them in the Department of Education.
18 (b) Articulate the interests and concerns of the
19 students and providers of independent education at all levels
20 in all relevant government settings, accurately reflecting the
21 consensus or differences in opinion among those represented.
22 (c) Participate with the other division heads in key
23 education decisionmaking processes.
24 (d) Monitor and participate in rulemaking and other
25 activities relevant to the interests of the independent
26 education sector.
27 (e) Serve as a key spokesperson for the independent
28 education sector.
29 (f) Advocate for any necessary educational services
30 and funds for independent education sector families and
31 schools.
33
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (g) Establish a clearinghouse of information.
2 (h) Foster a collaborative spirit and working
3 relationship among the institutions of the private and public
4 sectors.
5 (i) Identify and convey the best practices of the
6 independent education sector for the benefit of the other
7 education delivery sectors, and vice versa.
8 (j) Augment, where appropriate, the efforts of groups
9 representing the students and providers of independent
10 education to communicate their concerns to government.
11 (k) Facilitate the administration of education
12 services provided by the Department of Education to the
13 independent education sector, such as those relating to
14 teacher certification and background checks.
15 (l) Encourage student-centered funding and the
16 expansion of family choice in education.
17 (m) Develop and propose courses of action to the
18 representatives of the independent education sector.
19 (n) Communicate relevant decisions to the independent
20 education sector.
21 (o) Establish and oversee the division staff necessary
22 to carry out the division's functions in the most economical
23 and effective manner.
24 (p) Evaluate pending policies to ensure they do not
25 place additional regulation or mandates on the independent
26 education community.
27 (3) The powers and duties of the State Board of
28 Independent Colleges and Universities and the State Board of
29 Nonpublic Career Education, except as relating to any
30 independent nonprofit college or university whose students are
31 eligible to receive the William L. Boyd, IV, Florida resident
34
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 access grants pursuant to s. 240.605, shall be combined and
2 transferred to a single board named the Commission for
3 Independent Education, which shall be administratively housed
4 within the division. This single board shall authorize
5 granting of certificates, diplomas, and degrees for
6 independent postsecondary education institutions through
7 exemption, registration, authorization, and licensing.
8 (4) The Commission for Independent Education shall
9 consist of six citizens who are residents of this state. The
10 commission shall function in matters relating to independent
11 postsecondary education institutions in consumer protection,
12 program improvement, registration, authorization, licensure,
13 and certificate of exemption from licensure for institutions
14 under its purview, in keeping with the stated goals of the
15 seamless K-20 education system. The commission shall appoint
16 an executive director to serve as secretary of the commission
17 and shall elect a chair and other officers as needed from
18 among its membership. Members of the commission shall be
19 appointed by the Governor and confirmed by the Senate. The
20 commission shall be composed of six members, as follows:
21 (a) One member from an independent college or
22 university that enrolls students who receive state or federal
23 financial aid.
24 (b) One member from an independent college or
25 university that does not enroll students who receive state or
26 federal financial aid excluding veteran's benefits.
27 (c) One member from an independent nondegree granting
28 school that enrolls students who receive state or federal
29 financial aid.
30 (d) One member from a public school district or
31 community college who is an administrator of
35
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 vocational-technical education.
2 (e) Two lay members who are not affiliated with an
3 independent postsecondary education institution.
4 (5) The establishment of the Division of Independent
5 Education shall not be construed to advance the extension or
6 expansion of government regulation on independent or home
7 education programs.
8 Section 13. Section 229.008, Florida Statutes, is
9 created to read:
10 229.008 Boards of trustees of the state
11 universities.--
12 (1)(a) Effective July 1, 2001, and no later than
13 November 1, 2001, the Governor shall appoint an 11-member
14 board of trustees for each university in the State University
15 System, each member to be confirmed by the Senate in the
16 regular legislative session immediately following his or her
17 appointment. In addition, a student body president shall serve
18 as an ex officio nonvoting member of his or her university
19 board of trustees. The ex officio student member shall provide
20 input to the board of trustees regarding agenda issues. There
21 shall be no state residency requirement for university board
22 members, but the Governor shall consider diversity and
23 regional representation. Members of the boards of trustees
24 shall receive no compensation but may be reimbursed for travel
25 and per diem expenses as provided in s. 112.061.
26 (b) The Governor may remove a trustee upon the
27 recommendation of the Florida Board of Education, or for
28 cause.
29 (2) Each board of trustees shall be a public body
30 corporate by the name of "The (name of university) Board of
31 Trustees," with all the powers of a body corporate, including
36
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 a corporate seal, the power to contract and be contracted
2 with, to sue and be sued, to plead and be impleaded in all
3 courts of law or equity, and to give and receive donations. In
4 all suits against a board of trustees, service of process
5 shall be made on the chair of the board or, in the absence of
6 the chair, on the corporate secretary or designee.
7 (3) Boards of trustees' members shall be appointed for
8 staggered 4-year terms, and may be reappointed for additional
9 terms not to exceed 8 years of service.
10 (4) Each board of trustees shall select its chair and
11 vice chair from the appointed members at its first regular
12 meeting after July 1. The chair shall serve for 2 years and
13 may be reselected for one additional consecutive term. The
14 duties of the chair shall include presiding at all meetings of
15 the board, calling special meetings of the board, attesting to
16 actions of the board, and notifying the Governor in writing
17 whenever a board member fails to attend three consecutive
18 regular board meetings in any fiscal year, which failure may
19 be grounds for removal. The duty of the vice chair is to act
20 as chair during the absence or disability of the chair.
21 (5) The university president shall serve as executive
22 officer and corporate secretary of the board of trustees and
23 shall be responsible to the board for all operations of the
24 university and for setting the agenda for meetings of the
25 board in consultation with the chair.
26 (6) Upon appointment, each board of trustees shall
27 commence professional orientation, training, and board
28 development activities, and shall begin setting direction for
29 its university in keeping with accountability and performance
30 expectations of the seamless K-20 education system. Each board
31 of trustees shall submit to the Florida Board of Education
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 action plans and timelines for devolution of duties and
2 responsibilities to the board of trustees.
3 (7) The boards of trustees shall be responsible for
4 cost-effective policy decisions appropriate to the
5 university's mission, the implementation and maintenance of
6 high-quality education programs within law and rules of the
7 Florida Board of Education, the measurement of performance,
8 the reporting of information, and the provision of input
9 regarding state policy, budgeting, and education standards.
10 (8) Whenever any civil action has been brought against
11 any member of a university board of trustees or employee for
12 any act or omission arising out of and in the course of the
13 performance of his or her duties and responsibilities, the
14 university board of trustees may defray all costs of defending
15 such action, including reasonable attorney's fees and expenses
16 together with costs of appeal, and may save harmless and
17 protect such person from any financial loss resulting from the
18 lawful performance of his or her duties and responsibilities.
19 Claims based on such actions or omissions may, in the
20 discretion of the university board of trustees, be settled
21 prior to or after the filing of suit thereon. The board of
22 trustees may arrange for and pay the premium for appropriate
23 insurance to cover all such losses and expenses.
24 (9) University boards of trustees shall be
25 "corporations primarily acting as instrumentalities or
26 agencies of the state," pursuant to s. 768.28(2), for purposes
27 of sovereign immunity.
28 Section 14. Section 229.0081, Florida Statutes, is
29 created to read:
30 229.0081 Powers and duties of university boards of
31 trustees.--
38
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (1) Notwithstanding the provisions of chapter 240,
2 each university board of trustees is vested with the authority
3 to govern and set policy for its university, as necessary to
4 provide proper governance and improvement of the university in
5 accordance with law and with rules of the Florida Board of
6 Education. Each board of trustees shall perform all duties
7 assigned by law or by rule of the Florida Board of Education
8 or the Commissioner of Education.
9 (2) Notwithstanding the provisions of chapter 240,
10 each university board of trustees may adopt rules and policies
11 consistent with the university mission, with law, and with
12 rule of the Florida Board of Education, including rules and
13 policies for the following:
14 (a) Selecting the president to serve at the pleasure
15 of the board and perform such duties as are assigned by the
16 board or otherwise provided by law or by rule.
17 (b) Fixing the compensation and other conditions of
18 employment of the president.
19 (c) Conducting periodic evaluations of the president,
20 submitting such evaluations to the Chancellor for review, and
21 suspending or removing the president in accordance with
22 guidelines established by the Chancellor.
23 (d) Appointing a presidential search committee to make
24 recommendations to the full board of trustees, from which the
25 board shall select a candidate for reference to the Chancellor
26 and ratification by the Florida Board of Education.
27 (e) In consultation with the university president,
28 defining and developing a strategic plan for the university
29 for recommendation to the Chancellor, the Commissioner of
30 Education, and the Florida Board of Education, as provided by
31 law, specifying institutional goals and objectives.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (f) In consultation with the university president,
2 providing for academic freedom and academic responsibility at
3 the university.
4 (g) In consultation with the university president,
5 submitting an institutional budget request, including a
6 request for fixed capital outlay, to the Chancellor in
7 accordance with guidelines established by the Florida Board of
8 Education.
9 (h) Approving new, and terminating existing,
10 undergraduate and graduate degree programs up to and including
11 the master's degree level, based on criteria established by
12 the Florida Board of Education.
13 (i) Purchasing, acquiring, receiving, holding, owning,
14 managing, leasing, selling, disposing of, and conveying title
15 to real property, in accordance with rules and guidelines of
16 the Florida Board of Education.
17 (j) Entering into agreements for and accepting credit
18 card, charge card, and debit card payments as compensation for
19 goods, services, tuition, and fees.
20 (k) Establishing codes of conduct and appropriate
21 penalties for violations of university rules by students and
22 student organizations, including rules governing student
23 academic honesty.
24 (l) Establishing a committee, at least one-half of the
25 members of which shall be students appointed by the student
26 body president, to periodically review and evaluate the
27 student judicial system.
28 (m) Administering the personnel program for all
29 employees of the university in accordance with law and with
30 rules and guidelines of the Florida Board of Education,
31 including: compensation and other conditions of employment,
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 recruitment and selection, nonreappointment, standards for
2 performance and conduct, evaluation, benefits and hours of
3 work, recognition, inventions and works, travel, learning
4 opportunities, academic freedom and responsibility, promotion,
5 assignment, demotion, transfer, tenure and permanent status,
6 ethical obligations and conflicts of interest, restrictive
7 covenants, disciplinary actions, complaints, appeals and
8 grievance procedures, and separation and termination from
9 employment.
10 (n) Establishing and maintaining a personnel exchange
11 program.
12 (o) Governing admission of students subject to the
13 rules of the Florida Board of Education.
14 (p) Considering the past actions of any person
15 applying for admission, enrollment, or employment, and
16 establishing policies to deny admission, enrollment, or
17 employment to an applicant because of misconduct if determined
18 to be in the best interest of the university.
19 (q) Ensuring compliance with federal laws,
20 regulations, and requirements.
21 (r) Using, maintaining, protecting, and controlling
22 university-owned or university-controlled buildings and
23 grounds, property and equipment, name, trademarks and other
24 proprietary marks, and the financial and other resources of
25 the university. Such authority may include placing
26 restrictions on activities and on access to facilities,
27 firearms, food, tobacco, alcoholic beverages, distribution of
28 printed materials, human subjects, animals, and sound.
29 (s) Providing and coordinating policies relating to
30 credit and noncredit educational offerings by the university.
31 (t) Administering a procurement program for the
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 purchase, lease, or acquisition in any manner (including
2 purchase by installment or lease-purchase contract which may
3 provide for the payment of interest on the unpaid portion of
4 the purchase price and for the granting of a security interest
5 in the items purchased) of goods, materials, equipment, and
6 services required by the university.
7 (u) Supervising faculty practice plans for the
8 academic health science centers.
9 (3) Each board of trustees shall actively implement a
10 plan, in accordance with guidelines of the Florida Board of
11 Education, for working on a regular basis with the other
12 university boards of trustees, representatives of the
13 community college boards of trustees, and representatives of
14 the district school boards, to achieve the goals of the
15 seamless education system.
16 (4) Notwithstanding the provisions of s. 216.351, a
17 state university board of trustees may authorize the rent or
18 lease of parking facilities, provided that such facilities are
19 funded through parking fees or parking fines imposed by a
20 university. A board of trustees may authorize a university to
21 charge fees for parking at such rented or leased parking
22 facilities.
23 (5) Effective July 1, 2002, within proviso in the
24 General Appropriations Act and law, each board of trustees
25 shall set university tuition and fees. The sum of the activity
26 and service, health, and athletic fees a student is required
27 to pay to register for a course shall not exceed 40 percent of
28 the matriculation fee established in law or in the General
29 Appropriations Act. No university shall be required to lower
30 any fee in effect on the effective date of this act in order
31 to comply with this subsection. Within the 40 percent cap,
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 universities may not increase the aggregate sum of activity
2 and service, health, and athletic fees more than 5 percent per
3 year unless specifically authorized in law or in the General
4 Appropriations Act. This subsection does not prohibit a
5 university from increasing or assessing optional fees related
6 to specific activities that are not required as a part of
7 registration for courses.
8 (6) Effective July 1, 2002, each board of trustees
9 shall implement the university facilities plan in accordance
10 with law and guidelines of the Commissioner of Education's
11 Office of Educational Facilities and SMART Schools
12 Clearinghouse.
13 (7) A board of trustees shall perform such other
14 duties as are provided by law or rule of the Florida Board of
15 Education.
16 Section 15. Section 229.0082, Florida Statutes, is
17 created to read:
18 229.0082 University presidents; powers and
19 duties.--The president is the chief executive officer of the
20 university, shall be corporate secretary of the state
21 university board of trustees, and is responsible for the
22 operation and administration of the university. Each
23 university president shall:
24 (1) Recommend the adoption of rules, as appropriate,
25 to the state university board of trustees to implement
26 provisions of law governing the operation and administration
27 of the university, which shall include the specific powers and
28 duties enumerated in this section. Such rules shall be
29 consistent with the mission of the university and the rules
30 and policies of the Florida Board of Education.
31 (2) Prepare a budget request and an operating budget
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 for approval by the university board of trustees.
2 (3) Establish and implement policies and procedures to
3 recruit, appoint, transfer, promote, compensate, evaluate,
4 reward, demote, discipline, and remove personnel, within law
5 and rules of the Florida Board of Education and in accordance
6 with rules or policies approved by the university board of
7 trustees.
8 (4) Govern admissions, subject to law and rules or
9 policies of the university board of trustees and the Florida
10 Board of Education.
11 (5) Approve, execute, and administer contracts for and
12 on behalf of the university board of trustees for the
13 acquisition of commodities, goods, equipment, services, leases
14 of real and personal property, and planning and construction
15 to be rendered to or by the university, provided such
16 contracts are within law and guidelines of the Florida Board
17 of Education and in conformance with policies of the
18 university board of trustees, and are for the implementation
19 of approved programs of the university.
20 (6) Act for the university board of trustees as
21 custodian of all university property. The authority vested in
22 the university president under this subsection includes the
23 authority to prioritize the use of university space, property,
24 equipment, and resources and the authority to impose charges
25 for the use of those items.
26 (7) Establish the internal academic calendar of the
27 university within general guidelines of the Florida Board of
28 Education.
29 (8) Administer the university's program of
30 intercollegiate athletics.
31 (9) Recommend to the board of trustees the
44
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 establishment and termination of undergraduate and
2 master's-level degree programs within the approved role and
3 scope of the university.
4 (10) Award degrees.
5 (11) Recommend to the board of trustees a schedule of
6 tuition and fees to be charged by the university, within law
7 and rules of the Florida Board of Education.
8 (12) Organize the university to efficiently and
9 effectively achieve the goals of the university.
10 (13) Review periodically the operations of the
11 university in order to determine how effectively and
12 efficiently the university is being administered and whether
13 it is meeting the goals of its strategic plan adopted by the
14 Florida Board of Education.
15 (14) Enter into agreements for student exchange
16 programs which involve students at the university and students
17 in other institutions of higher learning.
18 (15) Approve the internal procedures of student
19 government organizations and provide purchasing, contracting,
20 and budgetary review processes for these organizations.
21 (16) Ensure compliance with federal and state laws,
22 regulations, and other requirements that are applicable to the
23 university.
24 (17) Maintain all data and information pertaining to
25 the operation of the university, and report on the attainment
26 by the university of institutional and statewide performance
27 accountability goals.
28 (18) Adjust property records and dispose of
29 state-owned tangible personal property in the university's
30 custody in accordance with procedures established by the
31 university board of trustees. Notwithstanding the provisions
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 of s. 273.055(5), all moneys received from the disposition of
2 state-owned tangible personal property shall be retained by
3 the university and disbursed for the acquisition of tangible
4 personal property and for all necessary operating
5 expenditures. The university shall maintain records of the
6 accounts into which such moneys are deposited.
7 Section 16. Section 229.0083, Florida Statutes, is
8 created to read:
9 229.0083 School Readiness Act; legislative intent;
10 division of responsibilities.--
11 (1) The School Readiness Act, chapter 99-357, Laws of
12 Florida, created the Florida Partnership for School Readiness
13 to fulfill three major purposes: to administer school
14 readiness program services that help parents prepare eligible
15 children for school; to coordinate the provision of school
16 readiness services on a full-day, full-year, full-choice basis
17 to the extent possible in order to enable parents to work and
18 be financially self-sufficient; and to establish a uniform
19 screening instrument to be implemented by the Department of
20 Education and administered by the school districts upon entry
21 into kindergarten to assess the readiness for school of all
22 children. Readiness for kindergarten is the outcome measure of
23 the success of each school readiness program that receives
24 state or federal funds.
25 (2) It is the intent of the Legislature that school
26 readiness services shall be an integrated and seamless system
27 of services with a developmentally appropriate education
28 component for the state's eligible birth-to-kindergarten
29 population described in s. 411.01(6) and shall not be
30 construed as part of the seamless K-20 education system until
31 the administration of the uniform screening system upon entry
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 into kindergarten.
2 (3) The Legislature finds that, because of a variety
3 of factors, not all children come to school equally ready to
4 learn and that, in order to more effectively assess and
5 monitor programs designed to help prepare Florida's children
6 to attend school, educators and policymakers need more
7 objective information regarding the school readiness of
8 Florida's children. However, nothing contained in the School
9 Readiness Act, chapter 99-357, Laws of Florida, is intended
10 to:
11 (a) Relieve parents and guardians of their own
12 obligations to ready their children for school; or
13 (b) Create any obligation to provide publicly funded
14 school readiness programs or services beyond those authorized
15 by the Legislature.
16 (4)(a) Notwithstanding s. 411.01(4):
17 1. The Florida Partnership for School Readiness is
18 assigned to the Department of Education pursuant to subsection
19 (7).
20 2. Four members shall be added to the Florida
21 Partnership for School Readiness as follows:
22 a. Two members shall be added to the partnership from
23 the child care industry, one representing the private
24 for-profit sector appointed by the Governor from a list of two
25 nominees submitted by the President of the Senate and one
26 representing faith-based providers appointed by the Governor
27 from a list of two nominees submitted by the Speaker of the
28 House of Representatives. Neither shall have a direct contract
29 with any local coalition to provide school readiness services.
30 b. Two members shall be added to the partnership from
31 the business community, one appointed by the Governor from a
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 list of two nominees submitted by the President of the Senate
2 and one appointed by the Governor from a list of two nominees
3 submitted by the Speaker of the House of Representatives.
4 Neither shall be involved in any business related to school
5 readiness services.
6 3. The executive director of the partnership shall
7 serve at the pleasure of the Governor.
8 (b) Notwithstanding any other provision of law to the
9 contrary, minimum child care licensing standards shall be
10 developed to provide for reasonable, affordable, and safe
11 before-school and after-school care. Standards, at a minimum,
12 shall allow for a credentialed director to supervise multiple
13 before-school and after-school sites.
14 (c) Notwithstanding s. 411.01(5)(d):
15 1. Instructional staff must be trained pursuant to s.
16 402.305(2)(d).
17 2. Reimbursement rates shall not have the effect of
18 limiting parental choice or creating standards or levels of
19 services that have not been authorized by the Legislature.
20 3. The Florida Partnership for School Readiness shall
21 review and revise coalition plans at least annually.
22 (d) Notwithstanding s. 20.50:
23 1. The Department of Education shall administer school
24 readiness funds, plans, and policies pursuant to contract with
25 the Florida Partnership for School Readiness and shall prepare
26 and submit a unified budget request for the school readiness
27 program in accordance with chapter 216.
28 2. All instructions to local school readiness
29 coalitions shall emanate from the Department of Education
30 pursuant to policies of the Legislature, plans of the Florida
31 Partnership for School Readiness, and the contract between the
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 Florida Partnership for School Readiness and the department.
2 (e) The Department of Education shall prepare a plan
3 that provides for the distribution and expenditure of all
4 state and federal school readiness funds for children
5 participating in public or private school readiness programs
6 based upon an equity and performance funding formula. The plan
7 shall be submitted to the Governor and the Legislative Budget
8 Commission. Upon approval, the Legislative Budget Commission
9 shall authorize the transfer of funds to the Department of
10 Education for distribution in accordance with the provisions
11 of the formula.
12 (5) The Florida Partnership for School Readiness
13 shall:
14 (a) Coordinate the birth-to-kindergarten services for
15 children who are eligible pursuant to s. 411.01(6) and the
16 programmatic, administrative, and fiscal standards pursuant to
17 s. 411.01 and this section for all public providers of school
18 readiness programs.
19 (b) Continue to provide unified leadership for school
20 readiness through local school readiness coalitions.
21 (c) Focus on improving the educational quality of all
22 publicly funded school readiness programs.
23 (6) The Department of Education shall implement a
24 school readiness uniform screening, including a pilot program
25 during the 2001-2002 school year, to validate the system
26 recommended by the Florida Partnership for School Readiness as
27 part of a comprehensive evaluation design. Beginning with the
28 2002-2003 school year, the department shall require that all
29 school districts administer the school readiness uniform
30 screening to each kindergarten student in the district school
31 system upon the student's entry into kindergarten. Children
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 who enter public school for the first time in first grade must
2 undergo a uniform screening adopted for use in first grade.
3 The department shall incorporate school readiness data into
4 the K-20 data warehouse for longitudinal tracking. The
5 department shall provide the partnership with complete and
6 full access to kindergarten uniform screening data at the
7 student, school, district, and state levels in a format that
8 will enable the partnership to prepare reports needed by state
9 policymakers and local school readiness coalitions to assess
10 progress toward school readiness goals and provide input for
11 continuous improvement of local school readiness services and
12 programs.
13 (7) Effective July 1, 2001, the Florida Partnership
14 for School Readiness is transferred by a type two transfer,
15 pursuant to s. 20.06(2), from the Executive Office of the
16 Governor to the Department of Education.
17 (8) Effective July 1, 2001, the Child Care Executive
18 Partnership Program, child care and early childhood resource
19 and referral, and the subsidized child care program including
20 statewide staff as referenced in the interagency agreement
21 between the Department of Children and Family Services and the
22 Florida Partnership for School Readiness signed on March 15,
23 2001, shall be transferred by a type two transfer, pursuant to
24 s. 20.06(2), to the Department of Education.
25 (9) Effective July 1, 2001, the prekindergarten early
26 intervention, migrant prekindergarten, and Florida First Start
27 programs, including statewide staff as referenced in the
28 interagency agreement between the Department of Education and
29 the Florida Partnership for School Readiness, shall be
30 transferred by a type two transfer, pursuant to s. 20.06(2),
31 to the Department of Education.
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Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 (10) For purposes of administration of the Early
2 Learning Opportunities Act and the Even Start Family Literacy
3 Programs, pursuant to Pub. L. No. 106-554, the Department of
4 Education is designated as the lead agency and must comply
5 with lead agency responsibilities pursuant to federal law.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 5, line 21 through page 6, line 9,
11 remove from the title of the bill: all of said lines
12
13 and insert in lieu thereof:
14 Partnership for School Readiness, the
15 Department of Education, and parents relating
16 to school readiness; providing for the addition
17 of members to the Florida Partnership for
18 School Readiness; providing for the development
19 of minimum child care licensing standards;
20 transferring the Florida Partnership for School
21 Readiness from the Executive Office of the
22 Governor to the Department of Education;
23 transferring the Child Care Executive
24 Partnership Program, child care and early
25 childhood resource and referral, and the
26 subsidized child care program including
27 statewide staff to the Department of Education;
28 transferring the prekindergarten early
29 intervention, migrant prekindergarten, and
30 Florida First Start programs, including
31 statewide staff, to the Department of
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1533
Amendment No. 01 (for drafter's use only)
1 Education; amending s. 216.136, F.S.; deleting
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