Senate Bill sb2108c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                           CS for SB 2108

    By the Committee on Education and Senators Pruitt, Horne and
    Lawson




    304-1630-01

  1                      A bill to be entitled

  2         An act relating to education governance

  3         reorganization; amending s. 229.001, F.S.;

  4         revising a short title to delete obsolete

  5         language; amending s. 229.002, F.S.; revising

  6         the policy and guiding principles of the

  7         Legislature relating to education governance;

  8         amending s. 229.003, F.S.; revising the

  9         timeframe for education governance

10         reorganization; revising the titles of the

11         education governance officers; revising the

12         name of the Florida On-Line High School to

13         conform with changes made by the bill; revising

14         the membership of university boards of regents;

15         abolishing the Board of Regents, the State

16         Board of Community Colleges, and the

17         Postsecondary Education Planning Commission;

18         transferring the powers, duties, functions,

19         records, personnel, property, unexpended

20         balances of appropriations, allocations, other

21         funds, administrative authority, administrative

22         rules, pending issues, and existing contracts

23         of the Board of Regents to the Florida Board of

24         Education, of the State Board of Community

25         Colleges to the Florida Board of Education, and

26         of the Postsecondary Education Planning

27         Commission to the Education K-20 Policy and

28         Research Commission, respectively; creating the

29         Education K-20 Policy and Research Commission

30         within OPPAGA; transferring the Articulation

31         Coordinating Committee and the Education

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         Standards Commission by a type two transfer

  2         from the Department of Education to the Florida

  3         Board of Education; requiring the Commissioner

  4         of Education to commence reorganization of the

  5         department and specifying offices and

  6         divisions; requiring the merger of the powers,

  7         duties, and staffs of the State Board of

  8         Independent Colleges and Universities and the

  9         State Board of Nonpublic Career Education, with

10         an exception, into a single Commission for

11         Independent Education; creating s. 229.0031,

12         F.S.; creating the Education K-20 Policy and

13         Research Commission; establishing the

14         membership and duties of the commission;

15         providing for the appointment and employment of

16         an executive director; amending s. 229.004,

17         F.S.; revising the timeframe for the creation

18         of the Florida Board of Education; deleting the

19         requirement that the board be part time;

20         revising the duties and responsibilities of the

21         board; conforming terminology with changes made

22         by the bill; providing cross-references to

23         newly created missions and goals and

24         guidelines; amending s. 229.005, F.S.; revising

25         provisions relating to qualifications of

26         Florida education governance officers to

27         conform terminology to changes made by the bill

28         and to provide cross-references to newly

29         created missions and goals; requiring the

30         Commissioner of Education to work with the

31         board and oversee the chancellors and the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         executive director and to serve as secretary of

  2         the Florida Board of Education and as chief

  3         executive officer of the seamless K-20

  4         education system; deleting references to

  5         requirements of the Florida Constitution

  6         relating to education; requiring the Chancellor

  7         of Public Schools, the Chancellor of Colleges

  8         and Universities, the Chancellor of Community

  9         Colleges, and the Executive Director of

10         Independent Education to work as division vice

11         presidents of the seamless K-20 education

12         system; revising the name of the Florida

13         On-Line High School to conform with changes

14         made by the bill; amending s. 229.006, F.S.;

15         deleting obsolete language relating to the

16         creation and the already accomplished duties of

17         the Education Governance Reorganization

18         Transition Task Force; revising the timeframe

19         for the reorganization; requiring the task

20         force to provide guidance and monitoring of the

21         reorganization implementation process and to

22         report to the Governor, the Legislature, and

23         the public on its progress; revising the

24         timeframe and recipients of the final report of

25         the task force; creating s. 229.0061, F.S.;

26         establishing guidelines for the implementation,

27         structure, functions, and organization of

28         Florida's K-20 education system; creating s.

29         229.007, F.S.; establishing Florida's K-20

30         education performance accountability system;

31         providing legislative intent; establishing the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         mission and goals and systemwide measures;

  2         creating s. 229.0072, F.S.; establishing a

  3         reorganization implementation process;

  4         requiring the Governor to appoint university

  5         boards of regents and a Florida Board of

  6         Education; establishing duties of the Florida

  7         Board of Education relating to the transition

  8         and implementation of the K-20 system;

  9         requiring the Commissioner of Education to work

10         with the Florida Board of Education to achieve

11         full implementation of the seamless K-20 system

12         and to commence reorganization of the

13         department as required by the act; requiring

14         the Florida Board of Education to appoint

15         advisory bodies as necessary, and develop and

16         recommend to the Legislature a new School Code;

17         creating s. 229.0073, F.S.; directing the

18         Commissioner of Education to work with the

19         Florida Board of Education to reorganize the

20         Department of Education as provided by the act;

21         creating s. 229.0074, F.S.; establishing the

22         mission of the Division of Independent

23         Education; providing duties of the executive

24         director; combining and transferring the powers

25         and duties of the State Board of Independent

26         Colleges and Universities and the State Board

27         of Nonpublic Career Education, with an

28         exception, to the Commission for Independent

29         Education; providing duties of the commission;

30         providing composition of the Commission for

31         Independent Education; creating s. 229.008,

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         F.S.; providing for establishment and

  2         membership of boards of regents of universities

  3         in the State University System; creating s.

  4         229.0081, F.S.; establishing powers and duties

  5         of university boards of regents; creating s.

  6         229.0082, F.S.; establishing powers and duties

  7         of university presidents; creating s. 229.0083,

  8         F.S.; providing legislative intent regarding

  9         the School Readiness Act; clarifying

10         responsibilities of the Florida Partnership for

11         School Readiness, the Department of Education,

12         and parents relating to school readiness;

13         creating s. 229.0084, F.S.; providing a

14         statement of legislative finding and intent

15         regarding liability for student achievement;

16         amending s. 228.082, F.S.; revising the name of

17         the Florida On-Line High School to the Florida

18         Virtual High School, which school shall be

19         housed within the Commissioner of Education's

20         Office of Technology and Information Services

21         and monitored by the commissioner; stating the

22         mission of the Florida Virtual High School;

23         deleting obsolete language; revising the duties

24         of the school's board of trustees; requiring

25         the Department of Education to maximize federal

26         indirect cost allowed on federal grants;

27         requiring appropriation for expenditure of

28         funds received from indirect cost allowance;

29         repealing s. 229.0865, F.S., relating to the

30         Knott Data Center and projects, contracts, and

31         grants; amending s. 229.085, F.S.; removing an

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         exemption for personnel employed by projects

  2         funded by contracts and grants; repealing ss.

  3         240.145, 240.147, 240.209(2), 240.227, 240.307,

  4         and 240.311(4), F.S., relating to the

  5         Postsecondary Education Planning Commission,

  6         the powers and duties of the commission, the

  7         Board of Regents appointment of a Chancellor of

  8         the State University System, powers and duties

  9         of university presidents, the appointment of

10         members of the State Board of Community

11         Colleges, and the appointment of an executive

12         director of the community college system;

13         providing effective dates.

14

15         WHEREAS, in response to Floridians' amendment of s. 2,

16  Art. IX of the State Constitution requiring a seven-member

17  state board of education appointed by the Governor to

18  staggered 4-year terms, subject to confirmation by the Senate,

19  which "shall appoint the commissioner of education," the 2000

20  Legislature enacted the "Florida Education Governance

21  Reorganization Act of 2000" (chapter 2000-321, Laws of

22  Florida), and

23         WHEREAS, the Florida Education Governance

24  Reorganization Act of 2000 provided legislative policy and

25  guiding principles for a seamless kindergarten through

26  postgraduate education system; provided for the future repeal

27  of existing education entities and statutes; provided for

28  nine-member boards of trustees for each university in the

29  State University System; provided for the establishment and

30  duties of the Florida Board of Education and specified

31  education governance officers; and established the Education

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  Governance Reorganization Transition Task Force charged with

  2  the duty to make recommendations to the Legislature, pursuant

  3  to a legislatively established timeline, to accomplish a

  4  smooth and orderly transition to the new education system, and

  5         WHEREAS, the Education Governance Reorganization

  6  Transition Task Force was timely appointed and has been

  7  aggressively pursuing its statutory duties by holding meetings

  8  and public hearings throughout the state, consulting with

  9  education stakeholders and national experts, taking public

10  testimony, and working to expedite its recommendations, NOW,

11  THEREFORE,

12

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

14

15         Section 1.  Section 229.001, Florida Statutes, is

16  amended to read:

17         229.001  Short title.--This act may be cited as the

18  "Florida Education Governance Reorganization Implementation

19  Act of 2000."

20         Section 2.  Section 229.002, Florida Statutes, is

21  amended to read:

22         229.002  Declaration of policy and guiding

23  principles.--

24         (1)  It is the policy of the Legislature:

25         (a)  To achieve within existing resources true systemic

26  change in education governance by establishing a seamless

27  academic educational system that fosters an integrated

28  continuum of kindergarten through graduate school education

29  for Florida's citizens.

30         (b)  To promote enhanced academic success and funding

31  efficiency by centralizing the governance of educational

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  delivery systems and aligning responsibility with

  2  accountability.

  3         (c)  To provide consistent education policy vertically

  4  and horizontally across all educational delivery systems,

  5  focusing on students the needs of those receiving education,

  6  not those providing education.

  7         (d)  To provide substantially improved vertical and

  8  horizontal articulation across all educational delivery

  9  systems while still ensuring that nonpublic education

10  institutions and home education programs maintain their

11  independence, autonomy, and nongovernmental status.

12         (e)  To provide for devolution of authority to the

13  schools, community colleges, universities, and other education

14  institutions that are the actual deliverers of educational

15  services in order to provide student-centered education

16  services within the clear parameters of the overarching

17  education policy established by the Legislature.

18         (2)  The guiding principles for Florida's new education

19  governance are:

20         (a)  A coordinated, seamless system for kindergarten

21  through graduate school education.

22         (b)  A system that is student-centered in every facet.

23         (c)  A system that maximizes education access and

24  provides the opportunity for a high-quality education academic

25  success for all Floridians.

26         (d)  A system that safeguards equity and supports

27  academic excellence.

28         (e)  A system that provides for local operational

29  flexibility while promoting accountability for student

30  achievement and improvement refuses to compromise academic

31  excellence.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         Section 3.  Section 229.003, Florida Statutes, is

  2  amended to read:

  3         229.003  Florida education governance reorganization.--

  4         (1)  Effective January 7, 2003, The Florida Board of

  5  Education, created pursuant to s. 229.004, shall be

  6  responsible for overseeing kindergarten through graduate

  7  school education, in accordance with the implementation

  8  process in s. 229.0072 and the policies and guiding principles

  9  in s. 229.002 and the mission and goals of s. 229.007.

10         (2)  Effective January 7, 2003, the Florida Board of

11  Education shall appoint the Commissioner of Education.

12         (2)(3)  Effective January 7, 2003, There are is

13  established the following education governance officers in

14  addition to the Commissioner of Education:

15         (a)  A Chancellor of Public Schools, K-12 Education

16  appointed by the Commissioner of Education.

17         (b)  A Chancellor of Colleges and State Universities,

18  appointed by the Commissioner of Education.

19         (c)  A Chancellor of Community Colleges and Career

20  Preparation, appointed by the Commissioner of Education.

21         (d)  An Executive Director of Independent Nonpublic and

22  Nontraditional Education, appointed by the Commissioner of

23  Education.

24

25  Each chancellor and executive director shall be subject to

26  confirmation by the Florida Board of Education and shall serve

27  at the pleasure and under the authority of the Commissioner of

28  Education.

29         (3)(4)  Effective July 1, 2000, The Governor shall

30  appoint a seven-member board of trustees for the Florida

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  Virtual On-Line High School, which shall be a body corporate

  2  with all the powers of a body corporate.

  3         (4)(5)  Effective January 7, 2003, The Governor shall

  4  appoint for each university in the State University System, an

  5  11-member a nine-member board of regents, with members subject

  6  to confirmation by the Senate, trustees which shall be a body

  7  corporate with all the powers of a body corporate. In addition

  8  to the 11 members, each student body president shall serve as

  9  an ex officio nonvoting member of the board of regents. There

10  shall be no state residency requirement for university board

11  members, but the Governor shall consider regional

12  representatives, as appropriate All members of the board of

13  trustees of Florida Atlantic University must reside within the

14  service area of the university; three must be residents of

15  Broward County, three must be residents of Palm Beach County,

16  and three may be residents of any county within the service

17  area. Each appointee is subject to confirmation by the Senate

18  in the regular legislative session immediately following his

19  or her appointment.

20         (5)  Effective July 1, 2001:

21         (a)  The Board of Regents created in s. 240.205 is

22  abolished.

23         (b)  All of the powers, duties, functions, records,

24  personnel, and property; unexpended balances of

25  appropriations, allocations, and other funds; administrative

26  authority; administrative rules; pending issues; and existing

27  contracts of the Board of Regents are transferred by a type

28  two transfer, pursuant to s. 20.06(2), to the Florida Board of

29  Education.

30         (c)  The State Board of Community Colleges is

31  abolished.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (d)  All of the powers, duties, functions, records,

  2  personnel, and property; unexpended balances of

  3  appropriations, allocations, and other funds; administrative

  4  authority; administrative rules; pending issues; and existing

  5  contracts of the State Board of Community Colleges are

  6  transferred by a type two transfer, pursuant to s. 20.06(2),

  7  from the Department of Education to the Florida Board of

  8  Education.

  9         (e)  The Postsecondary Education Planning Commission is

10  abolished.

11         (f)  The Education K-20 Policy and Research Commission

12  is created and assigned for administrative purposes to the

13  Office of Program Policy Analysis and Government

14  Accountability (OPPAGA).

15         (g)  All personnel, unexpended balances of

16  appropriations, and allocations of the Postsecondary Education

17  Planning Commission are transferred to the Education K-20

18  Policy and Research Commission.

19         (h)  The Articulation Coordinating Committee and the

20  Education Standards Commission are transferred by a type two

21  transfer, pursuant to s. 20.06(2), from the Department of

22  Education to the Florida Board of Education.

23         (i)  Notwithstanding the provisions of s. 20.15, the

24  Commissioner of Education shall commence the reorganization of

25  the Department of Education in accordance with s. 229.0073,

26  which shall include an Office of the Commissioner of Education

27  comprised of the general areas of operation that are common to

28  all delivery sectors and, in addition, shall include:

29         1.  The creation of an Office of Technology and

30  Information Services, an Office of Workforce and Economic

31  Development, and an Office of Educational Facilities.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         2.  The creation of a Division of Colleges and

  2  Universities.

  3         3.  The creation of a Division of Community Colleges.

  4         4.  The creation of a Division of Public Schools.

  5         5.  The creation of a Division of Independent

  6  Education.

  7         6.  The merger of the powers, duties, and staffs of the

  8  State Board of Independent Colleges and Universities and the

  9  State Board of Nonpublic Career Education, except as relating

10  to any independent nonprofit college or university which is

11  located in and chartered by the state, is accredited by the

12  Commission on Colleges of the Southern Association of Colleges

13  and Schools, and grants baccalaureate degrees, into a single

14  Commission for Independent Education administratively housed

15  within the Division of Independent Education.

16         (6)  Effective January 7, 2003, the powers and duties

17  of the following entities are relocated to the Florida Board

18  of Education, which shall retain all related funding and

19  budget authority for purposes of a single, seamless

20  kindergarten through graduate school education system and

21  single or coordinated budget and may retain or redistribute

22  the powers and duties of each entity in accordance with the

23  policies and guiding principles of s. 229.002, and the

24  entities shall cease to exist:

25         (a)  The Board of Regents.

26         (b)  The State Board of Community Colleges.

27         (c)  The State Board of Independent Colleges and

28  Universities.

29         (d)  The State Board of Nonpublic Career Education.

30         (e)  The Division of Workforce Development of the

31  Department of Education.

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (f)  The Postsecondary Education Planning Commission.

  2         (g)  The Articulation Coordination Committee.

  3         (h)  The Division of Human Resource Development of the

  4  Department of Education.

  5         (i)  The Division of Support Services of the Department

  6  of Education.

  7         (j)  The Division of Administration of the Department

  8  of Education.

  9         (k)  The Division of Financial Services of the

10  Department of Education.

11         (l)  The Division of Technology of the Department of

12  Education.

13         (m)  The Office of Student Financial Assistance of the

14  Department of Education.

15         (n)  The Division of Universities of the Department of

16  Education.

17         (o)  The Division of Community Colleges of the

18  Department of Education.

19         Section 4.  Section 229.0031, Florida Statutes, is

20  created to read:

21         229.0031  Education K-20 Policy and Research

22  Commission.--Effective July 1, 2001, the Education K-20 Policy

23  and Research Commission shall be created, which shall be

24  administratively housed within the Office of Program Policy

25  Analysis and Government Accountability (OPPAGA).

26         (1)(a)  The commission shall be composed of five

27  members appointed by the Governor, two members appointed by

28  the President of the Senate, and two members appointed by the

29  Speaker of the House of Representatives, none of whom shall be

30  an elected official. Each member shall serve a term of 6

31  years; however, for the purpose of providing staggered terms,

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  of the initial appointments one of the members appointed by

  2  the Governor, one of the members appointed by the President of

  3  the Senate, and one of the members appointed by the Speaker of

  4  the House of Representatives shall be appointed to 4-year

  5  terms, one of the members appointed by the President of the

  6  Senate and one of the members appointed by the Speaker of the

  7  House of Representatives shall be appointed to 5-year terms,

  8  and the remaining four members shall be appointed to 6-year

  9  terms.

10         (b)  The members of the commission shall serve without

11  compensation, but shall be reimbursed for per diem and travel

12  expenses pursuant to s. 112.061.

13         (2)  The commission shall appoint and employ an

14  executive director, who shall be the chief administrative

15  officer of the commission and shall report directly to the

16  commission, except that the first executive director shall be

17  appointed by the Education Governance Reorganization

18  Transition Task Force, subject to confirmation by the

19  commission.

20         (3)  The commission shall:

21         (a)  Provide state policymakers with objective, timely,

22  and independent information that supports a seamless

23  student-centered K-20 education system and accountability

24  process that provides all students an opportunity for a

25  high-quality education, in accordance with the policies and

26  guiding principles of s. 229.002.

27         (b)  Annually review and make recommendations to the

28  Legislature regarding the activities of research centers and

29  institutes supported with state funds in order to assess the

30  return on the state's investment in research conducted by

31  public postsecondary education institutions.

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (c)  Explore national, state, and local emerging

  2  issues.

  3         (d)  Identify successful and innovative educational

  4  programs.

  5         (e)  Prepare and submit for approval to the

  6  Commissioner of Education and the Florida Board of Education a

  7  long-range master plan for the seamless K-20 education system,

  8  and review and report annually on the plan's implementation,

  9  success, and recommended revision.

10         (f)  Conduct selected program evaluations upon request

11  of the Legislature or the Florida Board of Education.

12         Section 5.  Section 229.004, Florida Statutes, is

13  amended to read:

14         229.004  Florida Board of Education.--

15         (1)(a)  In accordance with the implementation process

16  in s. 229.0072 Effective January 7, 2003, the Florida Board of

17  Education is established as a body corporate. The board shall

18  be a part-time citizen board consisting of seven members

19  appointed by the Governor to staggered 4-year terms, subject

20  to confirmation by the Senate. Members of the board shall

21  serve without compensation, but shall be entitled to

22  reimbursement of travel and per diem expenses in accordance

23  with s. 112.061. Members may be reappointed by the Governor

24  for additional terms.

25         (b)  The Florida Board of Education shall have a

26  chairperson who shall be appointed by the Governor.

27         (2)  The primary duties of the board shall be to

28  establish education goals and objectives consistent with the

29  policies and guiding principles of s. 229.002 and the mission

30  and goals of s. 229.007 and, together with the Commissioner of

31  Education, to oversee the implementation of and enforce

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  compliance with the education policies established by the

  2  Legislature. The board, and the commissioner, shall establish,

  3  operate, and maintain optimal efficiency of an Office of the

  4  Commissioner of Education, pursuant to s. 229.0061(2)(c) Board

  5  of Education.

  6         (3)  In performing its duties, the board, together with

  7  the Commissioner of Education, shall:

  8         (a)  Ensure accountability and responsiveness to

  9  Florida's citizens, including the establishment of a Citizen

10  Information Center that utilizes quick response and

11  customer-friendly methodologies.

12         (b)  Establish and aggressively enforce efficient and

13  effective performance management objectives.

14         (c)  Maximize the effectiveness of local, state, and

15  federal education linkages and funds.

16         (d)  Recommend one budget or a coordinated budget based

17  on consistent policies for a seamless kindergarten through

18  graduate school education.

19         (e)  Adopt cohesive rules governing systemwide access

20  to educational opportunities, within statutory authority, for

21  education systemwide issues and ensure that rules adopted for

22  the various education delivery systems are compatible.

23         (f)  Ensure articulation and coordination within and

24  across the entire education delivery system.

25         (g)  Provide ongoing public information regarding

26  performance results for the entire kindergarten through

27  graduate school education system and each of its components.

28         (4)  The board, with the Commissioner of Education,

29  shall be responsible for:

30         (a)  The work of with the Chancellor of Public Schools

31  K-12 Education to establish, and maintain optimal efficiency

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  of, a Division an Office of Public Schools, within the

  2  guidelines of ss. 229.0061 and 229.0073, and to achieve the

  3  mission and goals of s. 229.007 K-12 Education.

  4         (b)  The work of with the Chancellor of Colleges and

  5  State Universities to establish, and maintain optimal

  6  efficiency of, a Division an Office of Colleges and State

  7  Universities, within the guidelines of ss. 229.0061 and

  8  229.0073, and to achieve the mission and goals of s. 229.007.

  9         (c)  The work of with the Chancellor of Community

10  Colleges and Career Preparation to establish, and maintain

11  optimal efficiency of, a Division an Office of Community

12  Colleges and Career Preparation, within the guidelines of ss.

13  229.0061 and 229.0073, and to achieve the mission and goals of

14  s. 229.007.

15         (d)  The work of with the Executive Director of

16  Independent Nonpublic and Nontraditional Education to

17  establish, and maintain optimal efficiency of, a Division an

18  Office of Independent Nonpublic and Nontraditional Education,

19  within the guidelines of ss. 229.0061 and 229.0073, and to

20  achieve the mission and goals of s. 229.007 Services.

21         Section 6.  Section 229.005, Florida Statutes, is

22  amended to read:

23         229.005  Florida education governance officers.--

24         (1)  COMMISSIONER OF EDUCATION.--The Commissioner of

25  Education shall work with the Florida Board of Education and

26  oversee the other education governance officers to focus be

27  appointed by the Board of Education from candidates of

28  national caliber and respected and proven organizational

29  leadership with established experience in administering

30  broad-based policy. The commissioner shall be a person who is

31  eminently capable of focusing the entire kindergarten through

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  graduate school education system on accomplishing to

  2  accomplish the policies and guiding principles of s. 229.002

  3  and achieving the mission and goals of s. 229.007. The

  4  commissioner shall have the ability to successfully provide

  5  education policy and planning direction, program development,

  6  performance management, and funding allocation recommendations

  7  across the spectrum of kindergarten through graduate school

  8  education. The commissioner shall serve as secretary of the

  9  Florida Board of Education and as chief executive officer of

10  the seamless K-20 education system., and the ability to

11  achieve and safeguard the will of the people of Florida as

12  expressed in s. 1, Art. IX of the Florida Constitution, that

13  "adequate provision shall be made by law for a uniform,

14  efficient, safe, secure, and high quality system of free

15  public schools that allows students to obtain a high quality

16  education and for the establishment, maintenance, and

17  operation of institutions of higher learning and other public

18  education programs that the needs of the people may require."

19         (2)  CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The

20  Chancellor of Public Schools K-12 Education shall be appointed

21  by the Commissioner of Education based on his or her ability

22  to work as a division vice president of the seamless K-20

23  education system with the Florida Board of Education and the

24  other education governance officers to comply with the

25  policies and guiding principles of s. 229.002, to achieve the

26  mission and goals of s. 229.007, to enhance the quality of

27  public K-12 education in Florida, and to maximize the equity

28  of public K-12 education in Florida by moving the focus to the

29  school site and the individual student., and to achieve and

30  safeguard the will of the people of Florida as expressed in s.

31  1, Art. IX of the Florida Constitution, that "adequate

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  provision shall be made by law for a uniform, efficient, safe,

  2  secure, and high quality system of free public schools that

  3  allows students to obtain a high quality education. . . ."

  4         (3)  CHANCELLOR OF COLLEGES AND STATE

  5  UNIVERSITIES.--The Chancellor of Colleges and State

  6  Universities shall be appointed by the Commissioner of

  7  Education based on his or her ability to work as a division

  8  vice president of the seamless K-20 education system with the

  9  Florida Board of Education and the other education governance

10  officers to comply with the policies and guiding principles of

11  s. 229.002, to achieve the mission and goals of s. 229.007, to

12  enhance the national reputation and quality of education and

13  educational research in Florida's colleges and state

14  universities, and to work directly with each of the college

15  and state university presidents and boards of trustees in

16  focusing on the education and educational research needs of

17  the individual college or university and its students.

18         (4)  CHANCELLOR OF COMMUNITY COLLEGES AND CAREER

19  PREPARATION.--The Chancellor of Community Colleges and Career

20  Preparation shall be appointed by the Commissioner of

21  Education based on his or her ability to work as a division

22  vice president of the seamless K-20 education system with the

23  Florida Board of Education and the other education governance

24  officers to comply with the policies and guiding principles of

25  s. 229.002, to achieve the mission and goals of s. 229.007, to

26  enhance the quality of education in Florida's community

27  colleges, and to work directly with each of the community

28  college presidents and boards of trustees in focusing on the

29  education needs of the communities and students they serve.

30         (5)  EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND

31  NONTRADITIONAL EDUCATION.--The Executive Director of

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  Independent Nonpublic and Nontraditional Education shall be

  2  appointed by the Commissioner of Education based on his or her

  3  ability to work as a division vice president of the seamless

  4  K-20 education system with the Florida Board of Education and

  5  the other education governance officers to comply with the

  6  policies and guiding principles of s. 229.002, to achieve the

  7  mission and goals of s. 229.007, to enhance the quality and

  8  expand the offerings and innovations of independent nonpublic

  9  and nontraditional education in Florida, to establish

10  partnerships with independent nonpublic education providers at

11  all levels to achieve these goals, and to work directly with

12  the Board of Trustees of the Florida Virtual On-Line High

13  School and with Florida's private school associations, home

14  education associations, independent nonpublic career education

15  institutions, and independent colleges and universities to

16  maximize educational choice and enhance the options,

17  educational alternatives, and student-focused delivery for

18  their students.

19         Section 7.  Subsections (1), (4), (5), (6), and (7) of

20  section 229.006, Florida Statutes, are amended to read:

21         229.006  Education Governance Reorganization Transition

22  Task Force.--

23         (1)  In order to accomplish a smooth transition on

24  January 7, 2003, from the elected State Board of Education to

25  the appointed Florida Board of Education, there shall be

26  established the Education Governance Reorganization Transition

27  Task Force. All members of the task force shall be appointed

28  as soon as feasible but not later than October 1, 2000. The

29  task force shall be comprised of:

30         (a)  Five members appointed by the Governor;

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (b)  Three members appointed by the President of the

  2  Senate; and

  3         (c)  Three members appointed by the Speaker of the

  4  House of Representatives.

  5

  6  The transition task force shall be charged with the duty to

  7  identify issues, conduct research, develop the necessary

  8  procedural and substantive framework, and make recommendations

  9  to the Legislature for an orderly 3-year phase-in for a

10  seamless education continuum and a single or coordinated

11  kindergarten through graduate school budget in accordance with

12  the policies and guiding principles of s. 229.002, so that the

13  Florida Board of Education may immediately begin its work on

14  January 7, 2003, with maximum effectiveness.

15         (4)  Upon completion of its recommendations to the

16  Legislature by March 1, 2001, the transition task force shall

17  redirect its focus to provide guidance and monitoring of the

18  implementation process pursuant to s. 229.0072 as recommended

19  by the task force, and to regularly report to the Governor,

20  the Legislature, and the public on the progress of the

21  reorganization implementation process. If any implementation

22  activity is determined by a majority vote of the task force to

23  be inconsistent with the intent of this act, the chair of the

24  task force shall report such activity directly to the State

25  Board of Education. The reporting of such activity shall

26  automatically suspend any action relating to the disputed

27  activity. The State Board of Education shall act to resolve

28  the dispute. recommend to the Legislature:

29         (a)  How best to achieve education system integration

30  by:

31

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         1.  Combining appropriate education functions and

  2  policies into or under the new Florida Board of Education.

  3         2.  Devolving the education delivery services and

  4  operational decisions to the appropriate location of delivery

  5  to students, specifically the schools, community colleges,

  6  colleges, universities, area technical centers, and other

  7  education institutions or places where the students receive

  8  their education.

  9         3.  Providing for a single or coordinated kindergarten

10  through graduate school education budget.

11         (b)  How best to achieve economies in education

12  services, including recommendations concerning consolidation

13  of information systems and integrated performance and

14  financial accounting systems, while maximizing effectiveness

15  within existing resources and staff.

16         (c)1.  Which, if any, current education staff functions

17  and resources should be eliminated, transferred, or realigned

18  within the proposed new education organizational structure.

19         2.  A recommended salary structure for the Commissioner

20  of Education and for the chancellors.

21         (d)  Whether an Office of Policy Research should be

22  established to explore emerging issues, locate successful and

23  innovative educational programs, and make recommendations to

24  the Governor, the Florida Board of Education, and the

25  Legislature and, if so, its mission, staffing, and location.

26         (e)  The optimal mission of the Florida On-Line High

27  School and a methodology for the operation and funding of the

28  school to achieve that mission.

29         (f)  The optimal location and structure of the Florida

30  Partnership for School Readiness.

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (5)  By March 1, 2002, the transition task force shall

  2  recommend to the Legislature:

  3         (a)  Standards, definitions, and guidelines for

  4  universities, colleges, community colleges, schools, and other

  5  education institutions to ensure the quality of education,

  6  systemwide coordination, and efficient progress toward

  7  attainment of their appropriate missions.

  8         (b)  Rules and procedures as necessary to be followed

  9  by university boards of trustees, community college boards of

10  trustees, and other boards of trustees, as determined

11  appropriate, for recruitment and selection of presidents,

12  procedures for annual evaluations of presidents, and

13  procedures for interaction between presidents, the boards of

14  trustees, and the new Florida Board of Education.

15         (c)  A systemwide strategic plan for postsecondary

16  institutions that considers the role, in their respective

17  communities, of each of the institutions.

18         (d)  Methodologies for degree program approval,

19  establishment of matriculation and tuition fees, and

20  coordination of colleges' and universities' budget requests.

21         (e)  Any additional statutory changes needed during the

22  2002 legislative session to complete the education governance

23  reorganization transition.

24         (6)  By March 1, 2003, the transition task force shall

25  recommend to the Legislature:

26         (a)  Statutory changes necessary to accomplish the

27  policies and guiding principles of s. 229.002, including, but

28  not limited to, statutory changes necessitated by the repeal

29  and review provisions of subsection 3(8) of this act.

30         (b)  Rulemaking authority for the new Florida Board of

31  Education and a plan and timetable for transition or

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  coordination of existing education sector agency rules and

  2  rulemaking authority recommendations, if any, for education

  3  agencies.

  4         (c)  Waiver authority, if any, for the Commissioner of

  5  Education or the Florida Board of Education.

  6         (5)(7)  By March May 1, 2003, the transition task force

  7  shall have completed its duties and shall make its final

  8  report to the Governor, the Florida Board of Education, the

  9  Commissioner of Education, the President of the Senate, the

10  Speaker of the House of Representatives, and the minority

11  leaders of each chamber.  The final report shall include, but

12  is not limited to:

13         (a)  A summary of the work and recommendations of the

14  task force and the status of full implementation of the K-20

15  education system.

16         (b)  The status of all pending and completed actions on

17  orders and rules, all enforcement matters, and all

18  delegations, interagency agreements, and contracts with

19  federal, state, regional, and local governments and private

20  entities.

21         (c)  Identification of any remaining or potential

22  duplication in the administration of state education laws and

23  rules, with specific recommendations to eliminate such

24  duplication and promote more efficient administration.

25         Section 8.  Section 229.0061, Florida Statutes, is

26  created to read:

27         229.0061  Florida's K-20 education system; guidelines

28  for implementation; guidelines for structure, functions, and

29  organization.--

30         (1) GUIDELINES FOR IMPLEMENTATION.--

31

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (a)  Florida's seamless K-20 education system shall be

  2  a decentralized system in which as many commissions, boards,

  3  councils, and excess layers of bureaucracy as possible are

  4  eliminated.

  5         (b)  Florida's K-20 education system shall rely on a

  6  single entity, the Florida Board of Education, as its single

  7  strategic voice. If the board desires assistance on matters of

  8  policy research or other issues, the board shall be authorized

  9  to appoint a committee or committees to assist it on any and

10  all issues within the K-20 education system on an ad hoc

11  basis.

12         (c)  Members of the Florida Board of Education shall

13  focus on high-level policy decisions.

14         (d)  It is essential to the success of Florida's

15  seamless K-20 education system to have a fully operational

16  systemwide technology plan based on a common set of data

17  definitions.

18         (2)  GUIDELINES FOR STRUCTURE, FUNCTIONS, AND

19  ORGANIZATION.--

20         (a)  Roles of the Legislature, the Florida Board of

21  Education, the education governance officers, the university

22  boards of regents, and the institutional boards of trustees

23  and school boards.--The Legislature shall enact education laws

24  and policies and shall appropriate and allocate education

25  resources. The Florida Board of Education shall enforce all

26  laws, rules, and guidelines and shall timely provide

27  direction, resources, assistance, intervention when needed,

28  and strong incentives and disincentives to force

29  accountability for results. In terms of major areas of

30  responsibility, the Legislature, the Florida Board of

31  Education, the education governance officers, the university

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  boards of regents, and the institutional boards of trustees

  2  and school boards shall each perform essential constituent

  3  roles.

  4         (b)  Florida Board of Education.--The Florida Board of

  5  Education shall serve as the body corporate for Florida's

  6  seamless K-20 education system; implement the systemwide

  7  education vision; and, together with the commissioner,

  8  chancellors, and executive director, oversee the success of

  9  that vision. The Florida Board of Education shall:

10         1.  Enforce systemwide education policies and goals.

11         2.  Recommend annually the systemwide education budget

12  and authorize the allocation of resources in accordance with

13  law and rule. Any program recommended by the Florida Board of

14  Education which requires state funding for more than 1 year

15  must be presented in a multi-year budget plan.

16         3.  Adopt long-term and short-term education plans.

17         4.  Enforce education accountability standards and

18  measures of all components of the K-20 education system.

19         5.  Accurately and continuously assess data and monitor

20  and report performance.

21         6.  Provide high-quality assistance and intervention

22  when and where needed.

23         7.  Provide timely and accurate information on all

24  public and independent education services.

25         8.  Establish the missions of the  public colleges and

26  universities and community colleges.

27         9.  Approve new degree programs above the master's

28  degree level.

29         10.  Approve new undergraduate medical education

30  programs or colleges, new graduate medical education programs,

31  and Programs in Medical Sciences (PIMS) which are partnerships

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  between two or more public higher education institutions or

  2  between public and private higher education institutions.

  3         (c)  Commissioner of Education.--The Commissioner of

  4  Education shall serve as secretary and executive director of

  5  the Florida Board of Education and as chief executive officer

  6  of Florida's seamless K-20 education system. The commissioner

  7  shall propose action on all issues that come before the board

  8  and be responsible for enforcing compliance with the mission

  9  and goals of the seamless K-20 education system by all

10  education delivery sectors. The commissioner's office shall

11  operate all statewide functions necessary to support the

12  Florida Board of Education and the seamless K-20 education

13  system, including the following areas:

14         1.  Legal.

15         2.  Communications, including a Citizen Information

16  Center that provides quick response and uses customer-friendly

17  methods.

18         3.  Strategic planning and budget development.

19         4.  General administration.

20         5.  Assessment and accountability.

21         6.  Data management, education technology, and an

22  education data warehouse.

23         7.  Access and opportunity, including student financial

24  assistance.

25         8.  Policy research and development, except the

26  Education K-20 Policy and Research Commission.

27         9.  Florida Board of Education personnel.

28         10.  Workforce and economic development.

29         11.  Educational facilities.

30         12.  Inspector General.

31

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (d)  Chancellors and executive director.--The

  2  chancellors of the public schools, community colleges, and

  3  colleges and universities divisions and the Executive Director

  4  of the Division of Independent Education shall serve the

  5  Florida Board of Education and the Commissioner of Education

  6  in the role of division vice presidents of the K-20 education

  7  system and as governance officers and critical members of the

  8  state-level education leadership team. They shall each be held

  9  responsible for providing leadership, administering programs,

10  resolving disputes, providing technical assistance, and timely

11  recommending action plans to the commissioner for sanctions or

12  intervention when needed, as well as making recommendations to

13  the board and the commissioner for strategic planning and

14  budget development for their respective education delivery

15  sectors. They shall support the governing policies and

16  responsibilities of the board and the commissioner and bear

17  primary responsibility for the achievement of the mission and

18  goals of the K-20 education system by their education delivery

19  sectors, as applicable to their sectors. They shall reinforce

20  the policies and principles of the seamless K-20 education

21  system in every venue and at every opportunity, and work

22  together to facilitate horizontal communications and

23  interactions between the education delivery sectors.

24  Specifically, as applicable, each education governance officer

25  shall:

26         1.  Serve as the head of the division.

27         2.  Supervise all employees and work of the division.

28         3.  Properly and timely inform education institutions

29  and the public as to legislative action, including funding,

30  grant opportunities, and substantive policy changes affecting

31  the division.

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         4.  Direct the review of expenditures of public funds

  2  in accordance with legislative intent.

  3         5.  Evaluate the performance of each education

  4  institution under the division and report performance results

  5  to the public, the Legislature, the Commissioner of Education,

  6  the Florida Board of Education, and the institution and its

  7  governing board.

  8         6.  Direct institutional governing boards to take

  9  corrective action to improve unsatisfactory performance

10  pursuant to law and rules of the Florida Board of Education.

11         7.  Direct and oversee the development of the

12  division's accountability system and recommend changes to the

13  Commissioner of Education and the Florida Board of Education.

14         8.  Direct the division's activities in order to

15  coordinate with other divisions to provide a seamless

16  education system.

17         9.  Direct the provision of state services to

18  institutions under the division.

19         10.  Direct the development of the division's

20  legislative budget request and work cooperatively with the

21  commissioner and other governance officers to develop a

22  unified budget request.

23         11.  Serve as the primary point of contact and

24  communication for the division.

25         (e)  Institutional boards of trustees and school

26  boards.--Each institutional board of trustees and school board

27  shall:

28         1.  Provide strategic planning and budget development

29  for their institution or school district.

30

31

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         2.  Implement and maintain high-quality education

  2  programs within law and rules of the Florida Board of

  3  Education.

  4         3.  Measure and enforce performance.

  5         4.  Provide timely and accurate reporting of

  6  information.

  7         5.  Provide direct input on education issues to the

  8  education governance officers.

  9         6.  Have broad latitude within law and rules of the

10  Florida Board of Education in developing local policies and

11  local programs to meet the needs of their students, their

12  communities, and area employers.

13         7.  Hold presidents and appointed superintendents

14  responsible for institution and school performance.

15         8.  Be responsible for the fiscal accountability of

16  their institution or school district.

17         9.  Be responsible for compliance with all laws, rules

18  of the Florida Board of Education, and performance

19  accountability requirements.

20         (f)  Presidents and superintendents.--Each

21  institutional president and school district superintendent

22  shall:

23         1.  Be responsible for efficient and effective budget

24  and program administration.

25         2.  Provide strong leadership to accomplish their

26  education missions and goals.

27         3.  Closely monitor education performance.

28         4.  Provide timely and accurate financial and

29  performance data.

30         5.  Link instructional staff evaluations to student

31  performance.

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (g)  Ad hoc advisory committees.--Advisory bodies shall

  2  be appointed on an ad hoc basis by the Florida Board of

  3  Education to serve the board, commissioner, and chancellors

  4  when and as needed by studying and recommending action on

  5  major issues that affect the direction and quality of

  6  education, providing public forums for debate, and

  7  safeguarding a coordinated systemwide approach to education

  8  policy decisions.

  9         Section 9.  Section 229.007, Florida Statutes, is

10  created to read:

11         229.007  Florida's K-20 education performance

12  accountability system; legislative intent; mission, goals, and

13  systemwide measures.--

14         (1)  LEGISLATIVE INTENT.--It is the intent of the

15  Legislature that:

16         (a)  The performance accountability system implemented

17  to assess the effectiveness of Florida's seamless K-20

18  education delivery system provide answers to the following

19  questions in relation to its mission and goals:

20         1.  What is the public getting in return for funds it

21  invests in education?

22         2.  How is Florida's K-20 education system performing

23  in terms of educating its students?

24         3.  How are the major delivery sectors performing to

25  promote student achievement?

26         4.  How are individual schools and postsecondary

27  education institutions performing their responsibility to

28  educate their students as measured by how students are

29  performing and how much they are learning?

30         (b)  The Florida Board of Education recommend to the

31  Legislature systemwide performance standards; the Legislature

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  establish systemwide performance measures and standards; and

  2  the systemwide measures and standards provide Floridians with

  3  information on what the public is getting in return for the

  4  funds it invests in education and how well the K-20 system

  5  educates its students.

  6         (c)  The Florida Board of Education establish

  7  performance measures and set performance standards for

  8  individual components of the system, including individual

  9  schools and postsecondary education institutions, which

10  measures and standards are based primarily on student

11  achievement.

12         (2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The

13  mission of Florida's K-20 education system, when it becomes

14  fully operational, shall be to increase the proficiency of all

15  students within one seamless, efficient system, by providing

16  them with the opportunity to expand their knowledge and skills

17  through learning opportunities and research valued by

18  students, parents, and communities, and to maintain an

19  accountability system that measures student progress toward

20  the following goals:

21         (a)  Highest student achievement, as measured by:

22  student FCAT performance and annual learning gains; the number

23  and percentage of schools that improve at least one school

24  performance grade designation or maintain a school performance

25  grade designation of "A" pursuant to s. 229.57; graduation or

26  completion rates at all learning levels; and other measures

27  identified in law or rule.

28         (b)  Seamless articulation and maximum access, as

29  measured by: the percentage of students who demonstrate

30  readiness for the educational level they are entering, from

31  kindergarten through postsecondary education and into the

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  workforce; the number and percentage of students needing

  2  remediation; the percentage of Floridians who complete

  3  associate, baccalaureate, professional, and postgraduate

  4  degrees; the number and percentage of credits that articulate;

  5  the extent to which each set of exit-point requirements

  6  matches the next set of entrance-point requirements; and other

  7  measures identified in law or rule.

  8         (c)  Skilled workforce and economic development, as

  9  measured by: the number and percentage of graduates employed

10  in their areas of preparation; the percentage of Floridians

11  with high school diplomas and postsecondary education

12  credentials; the percentage of business and community members

13  who find that Florida's graduates possess the skills they

14  need; and other measures identified in law or rule.

15         (d)  Quality efficient services, as measured by: cost

16  per completer or graduate; average cost per noncompleter at

17  each educational level; cost disparity across institutions

18  offering the same degrees; the percentage of education

19  customers at each educational level who are satisfied with the

20  education provided; and other measures identified in law or

21  rule.

22         Section 10.  Section 229.0072, Florida Statutes, is

23  created to read:

24         229.0072  Reorganization implementation process.--In

25  order to best achieve the legislative purpose of the Florida

26  Education Governance Reorganization Implementation Act:

27         (1)  The Governor shall appoint the members of the

28  boards of trustees of the state universities in accordance

29  with section 229.008, Florida Statutes.

30         (2)  Effective July 1, 2001, the Governor shall appoint

31  a seven-member Florida Board of Education. The Florida Board

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  of Education shall be housed within, and operate under the

  2  direction of, the State Board of Education.

  3         (3)  The Florida Board of Education shall establish a

  4  detailed procedure for the implementation of a systemwide K-20

  5  technology plan which includes a month-by-month timeline with

  6  monthly progress reports to the board.

  7         (4)  Subject to review and approval of the State Board

  8  of Education, the Florida Board of Education shall:

  9         (a)  Adopt rules pursuant to ss. 120.536(1) and 120.54

10  to implement provisions of law conferring duties upon it. The

11  rules shall be submitted to the State Board of Education. If

12  any rule is not disapproved by the State Board of Education

13  within 45 days after its receipt, the rule shall be filed

14  immediately with the Department of State.

15         (b)  Prepare and submit a unified K-20 education budget

16  that clearly defines the individual needs of the four

17  divisions created within the Department of Education.

18         (c)  Establish a work plan and timeline for the orderly

19  implementation of the transition, including a fully detailed

20  plan and timeline for the devolution of duties, as

21  appropriate, to the university boards of regents.

22         (d)  Establish accountability standards for existing

23  legislative performance goals, standards, and measures, and

24  order the development of mechanisms to implement new

25  legislative goals, standards, and measures.

26         (e)  Supervise the coordination of institutions and

27  delivery sectors.

28         (f)  Establish policies for university and community

29  college boards of trustees to follow in selecting presidents.

30         (g)  Approve plans and reports, and take other

31  necessary actions pertaining to the supervision of education.

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (h)  Effectuate the timely implementation of the

  2  seamless K-20 education system.

  3         (i)  Establish advisory boards to provide the support

  4  needed to address issues such as public education facilities

  5  planning; student issues; instructional issues; distance

  6  learning and technology; academic quality, freedom, and

  7  responsibility; and research.

  8         (j)  Develop and review recommendations on issues of

  9  statewide importance, such as technology systems and

10  facilities.

11         (k)  Adopt criteria and implementation plans for future

12  growth issues, such as new colleges and universities and

13  campus mergers; and provide for cooperative agreements between

14  and within public and private education sectors.

15         (l)  Advise the State Board of Education regarding the

16  issuance of bonds.

17         (m)  Appoint advisory bodies, as necessary, on an ad

18  hoc basis.

19         (n)  Develop and recommend to the Education Governance

20  Reorganization Transition Task Force, the Governor, the

21  Commissioner of Education, and the Legislature, no later than

22  January 1, 2002, for adoption during 2002, a clear, concise

23  new School Code, comprised of the revision of chapters

24  228-246, Florida Statutes, to accomplish the implementation,

25  administration, and operation of Florida's seamless K-20

26  education system in accordance with the guidelines included in

27  s. 229.0061.

28         (5)  Effective July 1, 2001, the Commissioner of

29  Education shall:

30

31

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (a)  Work with the Florida Board of Education to

  2  achieve full implementation of the seamless K-20 education

  3  system.

  4         (b)  Commence reorganization of the Department of

  5  Education as a state agency of the Governor in accordance with

  6  legislative guidelines pursuant to s. 229.0073, the

  7  requirements of s. 229.003(5), and requests of the Florida

  8  Board of Education as approved by the State Board of

  9  Education.

10         (c)  As a member of the State Board of Education,

11  determine the agenda for the Florida Board of Education and

12  provide the Florida Board of Education and the State Board of

13  Education the full support of the reorganized Department of

14  Education.

15         Section 11.  Section 229.0073, Florida Statutes, is

16  created to read:

17         229.0073  Reorganization of the Department of

18  Education.--Effective July 1, 2001, notwithstanding the

19  provisions of s. 20.15, the commissioner's Education

20  Reorganization Workgroup is established to direct and provide

21  oversight for the reorganization of Florida's K-20 Department

22  of Education. The Commissioner of Education, the Governor or

23  his or her designee, the Chairman of the Education Governance

24  Reorganization Transition Task Force, the Chancellor of the

25  Division of Colleges and Universities, the Chancellor of the

26  Division of Community Colleges, a member of the Senate

27  appointed by the President, and a member of the House of

28  Representatives appointed by the Speaker shall serve on this

29  workgroup. The reorganization shall:

30         (1)  Eliminate duplication across divisions; achieve

31  greater efficiencies in financial and human resources and

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  education services; and identify functions, resources, and

  2  services that should be eliminated, transferred, or realigned.

  3         (2)  Include a review and assessment of all bureaus,

  4  offices, divisions, and functions of the department

  5  reorganized pursuant to this section.

  6         (3)  Establish an Office of the Commissioner of

  7  Education that includes the general areas of operation that

  8  are common to all delivery sectors, such as administration,

  9  communication, legal services, financial aid, and government

10  and public relations, in order to increase efficiency, improve

11  service delivery to students, and fully support the

12  operational needs of the Florida Board of Education.

13         (4)  Establish the following divisions within the

14  department:

15         (a)  Division of Public Schools (K-12).--The state's

16  public elementary, middle, junior high, and high schools, as

17  well as combination schools, charter schools, district magnet

18  programs, and area technical centers.

19         (b)  Division of Community Colleges.--The state's 28

20  public community colleges.

21         (c)  Division of Colleges and Universities.--The

22  state's public universities and colleges and the 4-year

23  independent colleges and universities which are located in and

24  chartered by the state, are accredited by the Commission on

25  Colleges of the Southern Association of Colleges and Schools,

26  and grant baccalaureate degrees, to enable more effective

27  articulation between these public and private institutions.

28  The division chancellor shall administer those provisions of

29  chapter 246 that apply to the independent colleges and

30  universities within the division and shall establish a liaison

31  responsible for partnerships that enhance articulation between

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  and communication with Florida's 4-year independent colleges

  2  and universities.

  3         (d)  Division of Independent Education.--The

  4  independent education providers within the state, including

  5  home education programs, private K-12 institutions,

  6  independent colleges and universities, except those identified

  7  under paragraph (c), and private postsecondary career

  8  preparation and vocational training institutions.

  9         1.  The division shall be under an executive director

10  and shall house a new commission, appointed by the Governor,

11  to oversee licensing of independent postsecondary

12  institutions, consumer protection, and program improvement.

13  The commission shall have the powers and duties of the State

14  Board of Independent Colleges and Universities specified in

15  chapter 246, except the powers and duties relating to those

16  institutions identified under paragraph (c), and of the State

17  Board of Nonpublic Career Education.

18         2.  The division shall serve as the advocate for and

19  liaison to the independent education providers identified in

20  this paragraph.

21         3.  The executive director of the division shall

22  establish a mechanism for regular interaction and input from

23  independent education providers in the development of policies

24  that provide seamless articulation for all students.

25         4.  The division shall afford students and parents

26  educational options apart from the public K-20 system.

27         (5)  Establish the following offices within the Office

28  of the Commissioner of Education which shall coordinate their

29  activities with all other divisions and offices:

30         (a)  Office of Technology and Information

31  Services.--The office shall be responsible for developing a

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  systemwide technology plan, making budget recommendations to

  2  the commissioner, providing data collection and management for

  3  the system, and coordinating services with other state, local,

  4  and private agencies. The office shall develop a method to

  5  address the need for a statewide approach to planning and

  6  operations of library and information services to achieve a

  7  single K-20 education system library information portal and a

  8  unified higher education library management system. The

  9  Florida Virtual High School shall be administratively housed

10  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 Educational Facilities.--The office

18  shall validate all educational plant surveys, approve school

19  sites in accordance with rules of the Florida Board of

20  Education, and verify Florida Inventory of School Houses data.

21  The office shall work cooperatively with the SMART Schools

22  Clearinghouse to coordinate efforts to accomplish school

23  district educational facilities plans.

24         (d)  Office of Student Financial Assistance.--The

25  office shall provide access to and administer state and

26  federal grants, scholarships, and loans to those students

27  seeking financial assistance for postsecondary study pursuant

28  to program criteria and eligibility requirements.

29         (6)  Establish a K-20 education leadership team,

30  including, but not limited to, the education governance

31  officers. The leadership team shall be responsible for

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  systemwide horizontal and vertical communication, and

  2  assisting the achievement of the seamless K-20 education

  3  system.

  4         Section 12.  Section 229.0074, Florida Statutes, is

  5  created to read:

  6         229.0074  Division of Independent Education.--

  7         (1)  The mission of the Division of Independent

  8  Education is to enhance the opportunity to raise the

  9  educational attainment levels of students pursuing their

10  education in nongovernment settings by representing their

11  interests, and those of the institutions that serve them, in

12  the Department of Education. The Division of Independent

13  Education has no authority over the institutions or students

14  in Florida's independent education sector, other than those

15  specified in chapter 246 relating to independent postsecondary

16  education. The division shall serve as the advocate for, and

17  liaison to, independent education providers and institutions,

18  including home education programs, private K-12 institutions,

19  independent colleges and universities except as otherwise

20  provided in s. 229.0073(4)(c), and private postsecondary

21  career preparation/vocational training institutions.

22         (2)  The executive director of the division shall

23  establish a mechanism for regular interaction and input from

24  independent education providers in the development of policies

25  that provide seamless articulation for all students. The

26  executive director shall:

27         (a)  Learn the interests and concerns of the students

28  and providers of independent education at all levels in order

29  to strongly represent them in the Department of Education.

30         (b)  Articulate the interests and concerns of the

31  students and providers of independent education at all levels

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  in all relevant government settings, accurately reflecting the

  2  consensus or differences in opinion among those represented.

  3         (c)  Participate with the other division heads in key

  4  education decisionmaking processes.

  5         (d)  Monitor and participate in rulemaking and other

  6  activities relevant to the interests of the independent

  7  education sector.

  8         (e)  Serve as a key spokesperson for the independent

  9  education sector.

10         (f)  Advocate for any necessary educational services

11  and funds for independent education sector families and

12  schools.

13         (g)  Establish a clearinghouse of information.

14         (h)  Foster a collaborative spirit and working

15  relationship among the institutions of the private and public

16  sectors.

17         (i)  Identify and convey the best practices of the

18  independent education sector for the benefit of the other

19  education delivery sectors, and vice versa.

20         (j)  Augment, where appropriate, the efforts of groups

21  representing the students and providers of independent

22  education to communicate their concerns to government.

23         (k)  Facilitate the administration of education

24  services provided by the Department of Education to the

25  independent education sector, such as those relating to

26  teacher certification and background checks.

27         (l)  Encourage student-centered funding and the

28  expansion of family choice in education.

29         (m)  Develop and propose courses of action to the

30  representatives of the independent education sector.

31

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (n)  Communicate relevant decisions to the independent

  2  education sector.

  3         (o)  Establish and oversee the division staff necessary

  4  to carry out the division's functions in the most economical

  5  and effective manner.

  6         (p)  Evaluate pending policies to ensure they do not

  7  place unnecessary regulation or mandates on the independent

  8  education community.

  9         (3)  The powers and duties of the State Board of

10  Independent Colleges and Universities and the State Board of

11  Nonpublic Career Education, except as relating to any

12  independent nonprofit college or university which is located

13  in and chartered by the state, is accredited by the Commission

14  on Colleges of the Southern Association of Colleges and

15  Schools, and grants baccalaureate degrees, shall be combined

16  and transferred to a single board named the Commission for

17  Independent Education, which shall be administratively housed

18  within the division. This single board shall authorize

19  granting of certificates, diplomas, and degrees for

20  independent postsecondary education institutions through

21  exemption, registration authorization, and licensing.

22         (4)  The Commission for Independent Education shall

23  consist of 10 citizens who are residents of this state, a

24  majority of whom represent independent postsecondary

25  educational institutions licensed, authorized, or exempt from

26  licensure by the Commission for Independent Education. Members

27  shall be selected from the state at large and shall be

28  appointed by the Governor and confirmed by the Senate. To be

29  consistent with an independent rulemaking commission, members,

30  except members appointed pursuant to paragraph (g), must be

31  employees, consultants, commission members, or trustees of an

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  independent postsecondary educational institution that is

  2  licensed, authorized, or exempt from licensure by the

  3  Commission for Independent Education and offers primarily

  4  resident training. The commission shall consist of the

  5  following members:

  6         (a)  One member from a college or university licensed

  7  or exempt from licensure by the commission and accredited by a

  8  regional accrediting agency.

  9         (b)  Two members from colleges or universities licensed

10  or exempt from licensure by the commission and accredited by a

11  national accrediting agency.

12         (c)  One member from a college or university authorized

13  pursuant to s. 246.085(1)(b) or a college or university issued

14  an authorization pursuant to s. 246.084.

15         (d)  Two members from a school licensed by the

16  commission and accredited by a national accrediting agency.

17         (e)  One member from a nonaccredited school that is

18  licensed by the commission.

19         (f)  One member from a college or university licensed

20  or exempt from licensure by the commission, nationally or

21  regionally accredited, and offering programs at both the

22  degrees and nondegree levels.

23         (g)  Two lay citizens of the state who are not

24  employees, consultants, commission members, or trustees of a

25  nonpublic postsecondary educational institution and who do not

26  derive any income from a nonpublic postsecondary educational

27  institution.

28

29  Accreditation of an institution under this subsection must be

30  institutional accreditation by a regional or national

31

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  accrediting agency recognized by the United States Department

  2  of Education.

  3         (5)  The Governor shall appoint the new members of the

  4  commission to 3-year terms; however, for the initial

  5  appointment in 2001, four members shall be appointed for 3

  6  years, three members for 2 years, and three members for 1

  7  year. The Governor shall make the initial appointments no

  8  later than July 1, 2001.

  9         (6)  The establishment of the Division of Independent

10  Education shall not be construed to advance the extension or

11  expansion of government regulation on independent or home

12  education programs.

13         Section 13.  Section 229.008, Florida Statutes, is

14  created to read:

15         229.008  Boards of regents of the state universities.--

16         (1)(a)  Effective July 1, 2001, and no later than

17  November 1, 2001, the Governor shall appoint an 11-member

18  board of regents for each university in the State University

19  System, with members subject to confirmation by the Senate. In

20  addition, each student body president shall serve as an ex

21  officio nonvoting member of his or her university board of

22  regents. Members of the boards of regents shall receive no

23  compensation but may be reimbursed for travel and per diem

24  expenses as provided in s. 112.061.

25         (b)  The Governor may remove a regent upon the

26  recommendation of the Florida Board of Education or for cause.

27         (2)  There is no state residency requirement for

28  university board members, except that no university board

29  shall be composed of a majority of members from one county.

30         (3)  A board of regents shall be a public body

31  corporate by the name of "The (name of university) Board of

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  Regents," with all the powers of a body corporate, including a

  2  corporate seal, the power to contract and be contracted with,

  3  to sue and be sued, to plead and be impleaded in all courts of

  4  law or equity, and to give and receive donations. In all suits

  5  against a board of regents, service of process shall be made

  6  on the chair of the board or, in the absence of the chair, on

  7  the corporate secretary or designee.

  8         (4)  Boards of regents' members shall be appointed for

  9  staggered 4-year terms, and may be reappointed for additional

10  terms not to exceed 8 years of service.

11         (5)  Each board of regents shall select its chair and

12  vice chair from the appointed members at its first regular

13  meeting after July 1. The chair shall serve for 2 years and

14  may be reselected for one additional consecutive term. The

15  duties of the chair shall include presiding at all meetings of

16  the board, calling special meetings of the board, attesting to

17  actions of the board, and notifying the Governor in writing

18  whenever a board member fails to attend three consecutive

19  regular board meetings in any fiscal year, which failure may

20  be grounds for removal. The duty of the vice chair is to act

21  as chair during the absence or disability of the chair.

22         (6)  The university president shall serve as executive

23  officer and corporate secretary of the board of regents and

24  shall be responsible to the board for all operations of the

25  university and for setting the agenda for meetings of the

26  board in consultation with the chair.

27         (7)  Upon appointment, each board of regents shall

28  commence professional orientation, training, and board

29  development activities, and shall begin setting direction for

30  its university in keeping with accountability and performance

31  expectations of the seamless K-20 education system. In

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  preparation for the transition from operating as a state

  2  agency to a body corporate employer without state agency

  3  status, each board of regents shall submit to the Florida

  4  Board of Education action plans and timelines for devolution

  5  of duties and responsibilities to the board of regents.

  6         (8)  The boards of regents shall be responsible for

  7  cost-effective policy decisions appropriate to the

  8  university's mission, the implementation and maintenance of

  9  high-quality education programs within law and rules of the

10  Florida Board of Education, the measurement of performance,

11  the reporting of information, and the provision of input

12  regarding state policy, budgeting, and education standards.

13         Section 14.  Section 229.0081, Florida Statutes, is

14  created to read:

15         229.0081  Powers and duties of university boards of

16  regents.--

17         (1)  Notwithstanding the provisions of chapter 240,

18  each university board of regents is vested with the authority

19  to govern and set policy for its university, as necessary to

20  provide proper governance and improvement of the university in

21  accordance with law and with rules of the Florida Board of

22  Education. Each board of regents shall perform all duties

23  assigned by law or by rule of the Florida Board of Education

24  or the Commissioner of Education.

25         (2)  Notwithstanding the provisions of chapter 240,

26  each university board of regents may adopt rules and policies

27  consistent with the university mission, with law, and with

28  rule of the Florida Board of Education, including rules and

29  policies for the following:

30

31

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (a)  Selecting the president to serve at the pleasure

  2  of the board and perform such duties as are assigned by the

  3  board or otherwise provided by law or by rule.

  4         (b)  Fixing the compensation and other conditions of

  5  employment of the president.

  6         (c)  Conducting periodic evaluations of the president,

  7  submitting such evaluations to the Chancellor for review, and

  8  suspending or removing the president in accordance with

  9  guidelines established by the Chancellor.

10         (d)  Appointing a presidential search committee to make

11  recommendations to the full board of regents, from which the

12  board shall select a candidate for reference to the Chancellor

13  and ratification by the Florida Board of Education.

14         (e)  In consultation with the university president,

15  defining and developing a strategic plan for the university

16  for recommendation to the Chancellor, the Commissioner of

17  Education, and the Florida Board of Education, as provided by

18  law, specifying institutional goals and objectives.

19         (f)  In consultation with the university president,

20  providing for academic freedom and academic responsibility at

21  the university.

22         (g)  In consultation with the university president,

23  submitting an institutional budget request, including a

24  request for fixed capital outlay, to the Chancellor in

25  accordance with guidelines established by the Florida Board of

26  Education.

27         (h)  Approving new, and terminating existing,

28  undergraduate and graduate degree programs up to and including

29  the master's degree level, based on criteria established by

30  the Florida Board of Education.

31

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (i)  Purchasing, acquiring, receiving, holding, owning,

  2  managing, leasing, selling, disposing of, and conveying title

  3  to real property, in accordance with rules and guidelines of

  4  the Florida Board of Education.

  5         (j)  Entering into agreements for and accepting credit

  6  card, charge card, and debit card payments as compensation for

  7  goods, services, tuition, and fees.

  8         (k)  Establishing codes of conduct and appropriate

  9  penalties for violations of university rules by students and

10  student organizations, including rules governing student

11  academic honesty.

12         (l)  Establishing a committee, at least one-half of the

13  members of which shall be students appointed by the student

14  body president, to periodically review and evaluate the

15  student judicial system.

16         (m)  Establishing the personnel program for all

17  employees of the university in accordance with law, including:

18  compensation and other conditions of employment, recruitment

19  and selection, nonreappointment, standards for performance and

20  conduct, evaluation, benefits and hours of work, recognition,

21  inventions and works, travel, learning opportunities, academic

22  freedom and responsibility, promotion, assignment, demotion,

23  transfer, tenure and permanent status, ethical obligations and

24  conflicts of interest, restrictive covenants, disciplinary

25  actions, complaints, appeals and grievance procedures, and

26  separation and termination from employment.

27         (n)  Establishing and maintaining a personnel exchange

28  program.

29         (o)  Governing admission of students subject to the

30  rules of the Florida Board of Education.

31

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (p)  Considering the past actions of any person

  2  applying for admission, enrollment, or employment, and

  3  establishing policies to deny admission, enrollment, or

  4  employment to an applicant because of misconduct if determined

  5  to be in the best interest of the university.

  6         (q)  Ensuring compliance with federal laws,

  7  regulations, and requirements.

  8         (r)  Using, maintaining, protecting, and controlling

  9  university-owned or university-controlled buildings and

10  grounds, property and equipment, name, trademarks and other

11  proprietary marks, and the financial and other resources of

12  the university. Such authority may include placing

13  restrictions on activities and on access to facilities,

14  firearms, food, tobacco, alcoholic beverages, distribution of

15  printed materials, human subjects, animals, and sound.

16         (s)  Assuring that any challenge grant program, to be

17  matched with state funds, is consistent with the mission of

18  each institution, as approved by the Florida Board of

19  Education pursuant to s. 299.0061. The board of regents must

20  also approve state matching funds for private contributions

21  consistent with that mission.

22         (t)  Establishing a procurement program for the

23  purchase, lease, or acquisition in any manner (including

24  purchase by installment or lease-purchase contract which may

25  provide for the payment of interest on the unpaid portion of

26  the purchase price and for the granting of a security interest

27  in the items purchased) of goods, materials, equipment, and

28  services required by the university.

29         (u)  Supervising faculty practice plans for the

30  academic health science centers.

31

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (3)  Each board of regents shall actively implement a

  2  plan, in accordance with guidelines of the Florida Board of

  3  Education, for working on a regular basis with the other

  4  university boards of regents, representatives of the community

  5  college boards of trustees, and representatives of the

  6  district school boards, to achieve the goals of the seamless

  7  education system.

  8         (4)  Notwithstanding the provisions of s. 216.351(1), a

  9  state university board of regents may authorize the rent or

10  lease of parking facilities, provided that such facilities are

11  funded through parking fees or parking fines imposed by a

12  university. A board of regents may authorize a university to

13  charge fees for parking at such rented or leased parking

14  facilities.

15         (5)  Effective July 1, 2002, within proviso in the

16  General Appropriations Act and law, each board of regents

17  shall set university matriculation fees, tuition, and other

18  fees. The matriculation fees and tuition level set by the

19  Board of Regents shall vary from the standard tuition,

20  established in the annual General Appropriations Act, by no

21  more than 10 percent below or 15 percent above the standard.

22         (6)  Effective July 1, 2002, each board of regents

23  shall implement the university facilities plan in accordance

24  with law and guidelines of the Commissioner of Education's

25  Office of Educational Facilities.

26         (7)  A board of regents shall perform such other duties

27  as are provided by law or rule of the Florida Board of

28  Education.

29         (8)  Establish policies relating to credit and

30  noncredit educational offerings by the university, subject to

31  guidelines of the Florida Board of Education.

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         Section 15.  Section 229.0082, Florida Statutes, is

  2  created to read:

  3         229.0082  University presidents; powers and

  4  duties.--The president is the chief executive officer of the

  5  university, shall be corporate secretary of the state

  6  university board of regents, and is responsible for the

  7  operation and administration of the university. Each

  8  university president shall:

  9         (1)  Recommend the adoption of rules, as appropriate,

10  to the state university board of regents to implement

11  provisions of law governing the operation and administration

12  of the university, which shall include the specific powers and

13  duties enumerated in this section. Such rules shall be

14  consistent with the mission of the university and the rules

15  and policies of the Florida Board of Education.

16         (2)  Prepare a budget request and an operating budget

17  for approval by the university board of regents.

18         (3)  Establish and implement policies and procedures to

19  recruit, appoint, transfer, promote, compensate, evaluate,

20  reward, demote, discipline, and remove personnel, within law

21  and rules of the Florida Board of Education and in accordance

22  with rules or policies approved by the university board of

23  regents.

24         (4)  Govern admissions, subject to law and rules or

25  policies of the university board of regents and the Florida

26  Board of Education.

27         (5)  Approve, execute, and administer contracts for and

28  on behalf of the university board of regents for the

29  acquisition of commodities, goods, equipment, services, leases

30  of real and personal property, and planning and construction

31  to be rendered to or by the university, provided such

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  contracts are within law and guidelines of the Florida Board

  2  of Education and in conformance with policies of the

  3  university board of regents, and are for the implementation of

  4  approved programs of the university.

  5         (6)  Act for the university board of regents as

  6  custodian of all university property. The authority vested in

  7  the university president under this subsection includes the

  8  authority to prioritize the use of university space, property,

  9  equipment, and resources and the authority to impose charges

10  for the use of those items.

11         (7)  Establish the internal academic calendar of the

12  university within general guidelines of the Florida Board of

13  Education.

14         (8)  Administer the university's program of

15  intercollegiate athletics.

16         (9)  Recommend to the board of regents the

17  establishment and termination of undergraduate and master's

18  level degree programs within the approved role and scope of

19  the university.

20         (10)  Award degrees.

21         (11)  Recommend to the board of regents a schedule of

22  matriculation fees, tuition, and other fees to be charged by

23  the university, within law and rules of the Florida Board of

24  Education.

25         (12)  Organize the university to efficiently and

26  effectively achieve the goals of the university.

27         (13)  Review periodically the operations of the

28  university in order to determine how effectively and

29  efficiently the university is being administered and whether

30  it is meeting the goals of its strategic plan adopted by the

31  Florida Board of Education.

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (14)  Enter into agreements for student exchange

  2  programs which involve students at the university and students

  3  in other institutions of higher learning.

  4         (15)  Approve the internal procedures of student

  5  government organizations and provide purchasing, contracting,

  6  and budgetary review processes for these organizations.

  7         (16)  Ensure compliance with federal and state laws,

  8  regulations, and other requirements that are applicable to the

  9  university.

10         (17)  Maintain all data and information pertaining to

11  the operation of the university, and report on the attainment

12  by the university of institutional and statewide performance

13  accountability goals.

14         (18)  Each university president has the authority to

15  adjust property records and dispose of state-owned tangible

16  personal property in the university's custody in accordance

17  with procedures established by the university board of

18  regents. Notwithstanding the provisions of s. 273.055(5), all

19  moneys received from the disposition of state-owned tangible

20  personal property shall be retained by the university and

21  disbursed for the acquisition of tangible personal property

22  and for all necessary operating expenditures. The university

23  shall maintain records of the accounts into which such moneys

24  are deposited.

25         Section 16.  Section 229.0083, Florida Statutes, is

26  created to read:

27         229.0083  School Readiness Act; legislative intent;

28  division of responsibilities.--

29         (1)  The School Readiness Act, chapter 99-357, Laws of

30  Florida, created the Florida Partnership for School Readiness

31  to fulfill three major purposes: to administer school

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  readiness program services that help parents prepare at-risk

  2  children for school; to coordinate the provision of school

  3  readiness services on a full-day, full-year basis to the

  4  extent possible in order to enable parents to work and be

  5  financially self-sufficient; and to establish a uniform

  6  screening instrument to be implemented by the Department of

  7  Education and administered by the school districts upon entry

  8  into kindergarten to assess the readiness for school of all

  9  children. Readiness for kindergarten is the outcome measure of

10  the success of the school readiness program.

11         (2)  It is the intent of the Legislature that school

12  readiness services shall be an integrated and seamless system

13  of services with a developmentally appropriate education

14  component for the state's at-risk birth-to-kindergarten

15  population and shall not be construed as part of the seamless

16  K-20 education system until the administration of the uniform

17  screening system upon entry into kindergarten.

18         (3)  The Legislature finds that, because of a variety

19  of factors, not all children come to school equally ready to

20  learn, and that in order to more effectively assess and

21  monitor programs designed to help prepare Florida's children

22  to attend school, educators and policymakers need more

23  objective information regarding the school readiness of

24  Florida's children. However, nothing contained in the School

25  Readiness Act, chapter 99-357, Laws of Florida, is intended

26  to:

27         (a)  Relieve parents and guardians of their own

28  obligations to ready their children for school; or

29         (b)  Create any obligation to provide publicly funded

30  pre-school programs or services beyond those authorized by the

31  Legislature.

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (4)  Notwithstanding any provision of law to the

  2  contrary, the Florida Partnership for School Readiness shall

  3  be assigned to the Agency for Workforce Innovation for

  4  administrative purposes. The Agency for Workforce Innovation

  5  shall prepare a plan that provides for the distribution and

  6  expenditure of all school readiness funds based upon a

  7  performance funding formula. The plan shall be submitted to

  8  the Governor and the Legislative Budget Commission. Upon

  9  approval, the Legislative Budget Commission shall authorize

10  the transfer of funds to the Agency for Workforce Innovation

11  for distribution in accordance with the provisions of the

12  formula. The partnership shall:

13         (a)  Coordinate the many services that at-risk children

14  from birth to age 5 are eligible to receive, and the

15  programmatic, administrative, and fiscal standards for all

16  school readiness programs.

17         (b)  Continue to provide the unified leadership for

18  school readiness through the local school readiness

19  coalitions.

20         (c)  Focus on improving the educational quality of all

21  publicly funded school readiness programs.

22         (5)  The Department of Education shall implement the

23  uniform school readiness screening instrument recommended by

24  the partnership and incorporate school readiness data into the

25  K-20 data warehouse for longitudinal tracking.  The department

26  shall provide the partnership with complete and full access to

27  kindergarten uniform screening data at the student, school,

28  district, and state levels in a format that will enable the

29  partnership to prepare reports needed by state policymakers

30  and local school readiness coalitions to assess progress

31

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  toward school readiness goals and provide input for continuous

  2  improvement of local school readiness services and programs.

  3         Section 17.  Section 229.0084, Florida Statutes, is

  4  created to read:

  5         229.0084  Legislative findings and intent.--It is the

  6  finding of the Legislature that student achievement, from

  7  kindergarten through graduate school, is dependent upon a

  8  number of factors, including the quality of schools, the

  9  quality of instruction, and the personal efforts and

10  responsibilities of the students and their parents. Nothing

11  contained in Florida law shall make the state or local school

12  districts the guarantors that students will fully avail

13  themselves of the opportunities provided them to attain high

14  academic achievement.

15         Section 18.  Section 228.082, Florida Statutes, is

16  amended to read:

17         228.082  The Florida Virtual On-Line High School.--

18         (1)(a)  The Florida Virtual On-Line High School is

19  established for the development and delivery of on-line and

20  distance learning education and shall be administratively

21  housed within the Commissioner of Education's Office of

22  Technology and Information Services. The Commissioner of

23  Education shall monitor the school's performance and report

24  its performance to the Florida Board of Education and the

25  Legislature.

26         (b)  The mission of the Florida Virtual High School is

27  to provide students with high-quality technology-based

28  educational opportunities to gain the knowledge and skills

29  necessary to succeed in the 21st century. The school shall

30  serve primarily as an option for:

31

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         1.  Students who need expanded access to courses in

  2  order to meet their educational goals, such as home education

  3  students and students in inner-city and rural high schools who

  4  do not have access to higher-level courses.

  5         2.  Students seeking accelerated access in order to

  6  obtain a high school diploma at least one semester early.

  7

  8  The board of trustees of the Florida Virtual High School shall

  9  identify appropriate performance measures and standards based

10  on student achievement that reflect the school's statutory

11  mission and priorities, and shall implement an accountability

12  system for the school that includes assessment of its

13  effectiveness and efficiency in providing quality services

14  that encourage high student achievement, seamless

15  articulation, and maximum access.

16         (2)  The Florida Virtual On-Line High School shall be

17  governed by a board of trustees comprised of seven members

18  appointed by the Governor to 4-year staggered terms, one of

19  whom shall be the current chair of the Florida High School

20  Advisory Board and one of whom shall be a representative of

21  the fiscal agent, and one of whom shall be the Chief

22  Information Officer or his designee from the State Technology

23  Office pursuant to ch. 2000-164, Laws of Florida. The board

24  shall be a public agency entitled to sovereign immunity

25  pursuant to s. 768.28, and board members shall be public

26  officers who shall bear fiduciary responsibility for the

27  Florida Virtual On-Line High School. The board of trustees

28  shall have the following powers and duties:

29         (a)1.  The board of trustees shall meet within 30 days

30  of July 1, 2000, and shall continue to meet at least 4 times

31

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  each year, upon the call of the chair, or at the request of a

  2  majority of the membership.

  3         (b)  Until not more than 60 days after the initial

  4  meeting of the board, the current governance structure of the

  5  Florida On-Line High School shall be maintained.

  6         2.(c)  The fiscal year for the Florida Virtual On-Line

  7  High School shall be the state fiscal year as provided in s.

  8  216.011(1)(n).

  9         (b)  The board of trustees shall be responsible for the

10  Florida Virtual High School's development of a

11  state-of-the-art technology-based education delivery system

12  that is cost-effective, educationally sound, marketable, and

13  capable of sustaining a self-sufficient delivery system

14  through the Florida Education Finance Program, by fiscal year

15  2003-2004. Beginning in fiscal year 2002-2003, the school

16  shall collect FTE for home-schooled students.

17         (c)(d)  The board of trustees shall aggressively seek

18  avenues to generate revenue to support its future endeavors,

19  and shall enter into agreements with distance learning

20  providers. The board of trustees and may acquire, enjoy, use,

21  and dispose of patents, copyrights, and trademarks and any

22  licenses and other rights or interests thereunder or therein.

23  Ownership of all such patents, copyrights, trademarks,

24  licenses, and rights or interests thereunder or therein shall

25  vest in the state, with the board having full right of use and

26  full right to retain the revenues derived therefrom. Any funds

27  realized from patents, copyrights, trademarks, or licenses

28  shall be used to support the school's research and development

29  activities in order to improve courseware and services to its

30  students.

31

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (d)(e)  The board of trustees shall annually prepare

  2  and submit to the Florida Board of Education a legislative

  3  budget request, including funding requests for computers for

  4  public school students who do not have access to public school

  5  computers, in accordance with chapter 216 and s. 235.41. The

  6  legislative budget request of the Florida Virtual On-Line High

  7  School shall be prepared using the same format, procedures,

  8  and timelines required for the submission of the legislative

  9  budget of the Department of Education.

10         (e)(f)  In accordance with law and rules of the Florida

11  Board of Education, the board of trustees shall administer and

12  maintain personnel programs for all employees of the board of

13  trustees and the Florida Virtual On-Line High School. The

14  board of trustees may adopt rules, policies, and procedures

15  related to the appointment, employment, and removal of

16  personnel.

17         1.  The board of trustees shall determine the

18  compensation, including salaries and fringe benefits, and

19  other conditions of employment for such personnel.

20         2.  The board of trustees may establish and maintain a

21  personnel loan or exchange program by which persons employed

22  by the board for the Florida Virtual On-Line High School as

23  academic administrative and instructional staff may be loaned

24  to, or exchanged with persons employed in like capacities by,

25  public agencies either within or without this state, or by

26  private industry. With respect to public agency employees, the

27  program authorized by this subparagraph shall be consistent

28  with the requirements of part II of chapter 112. The salary

29  and benefits of board personnel participating in the loan or

30  exchange program shall be continued during the period of time

31  they participate in a loan or exchange program, and such

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  personnel shall be deemed to have no break in creditable or

  2  continuous service or employment during such time. The salary

  3  and benefits of persons participating in the personnel loan or

  4  exchange program who are employed by public agencies or

  5  private industry shall be paid by the originating employers of

  6  those participants, and such personnel shall be deemed to have

  7  no break in creditable or continuous service or employment

  8  during such time.

  9         3.  The employment of all Florida Virtual On-Line High

10  School academic administrative and instructional personnel

11  shall be subject to rejection for cause by the board of

12  trustees, and shall be subject to policies of the board of

13  trustees relative to certification, tenure, leaves of absence,

14  sabbaticals, remuneration, and such other conditions of

15  employment as the board deems necessary and proper, not

16  inconsistent with law.

17         4.  Each person employed by the board of trustees in an

18  academic administrative or instructional capacity with the

19  Florida Virtual On-Line High School shall be entitled to a

20  contract as provided by rules of the board.

21         5.  All employees except temporary, seasonal, and

22  student employees may be state employees for the purpose of

23  being eligible to participate in the Florida Retirement System

24  and receive benefits. The classification and pay plan,

25  including terminal leave and other benefits, and any

26  amendments thereto, shall be subject to review and approval by

27  the Department of Management Services and the Executive Office

28  of the Governor prior to adoption. In the event that the board

29  of trustees assumes responsibility for governance pursuant to

30  this section before approval is obtained, employees shall be

31

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  compensated pursuant to the system in effect for the employees

  2  of the fiscal agent.

  3         (f)(g)  The board of trustees shall establish

  4  priorities for admission of students in accordance with

  5  paragraph (1)(b).

  6         (g)(h)  The board of trustees shall establish and

  7  distribute to all school districts and high schools in the

  8  state procedures for enrollment of students into courses

  9  offered by the Florida Virtual On-Line High School. Such

10  procedures shall be designed to minimize paperwork and fairly

11  resolve the issue of double funding students taking courses

12  online maximize participation by students.

13         (h)(i)  The board of trustees shall annually submit to

14  the Florida Board Department of Education both forecasted and

15  actual enrollments for the Florida Virtual On-Line High

16  School, according to procedures established by the Florida

17  Board Department of Education. At a minimum, such procedures

18  must include the number of public, private, and home school

19  students served by district.

20         (i)(j)  The board of trustees shall provide for the

21  content and custody of student and employee personnel records.

22  Student records shall be subject to the provisions of s.

23  228.093. Employee records shall be subject to the provisions

24  of s. 231.291.

25         (j)(k)  The financial records and accounts of the

26  Florida Virtual On-Line High School shall be maintained under

27  the direction of the board of trustees and under regulations

28  prescribed by the Florida State Board of Education for the

29  uniform system of financial records and accounts for the

30  schools of the state.

31

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  The Governor shall designate the initial chair of the board of

  2  trustees to serve a term of 4 years. Members of the board of

  3  trustees shall serve without compensation, but may be

  4  reimbursed for per diem and travel expenses pursuant to s.

  5  112.061. The board of trustees shall be a body corporate with

  6  all the powers of a body corporate and such authority as is

  7  needed for the proper operation and improvement of the Florida

  8  Virtual On-Line High School. The board of trustees is

  9  specifically authorized to adopt rules, policies, and

10  procedures, consistent with law and rules of the Florida Board

11  of Education related to governance, personnel, budget and

12  finance, administration, programs, curriculum and instruction,

13  travel and purchasing, technology, students, contracts and

14  grants, and property as necessary for optimal, efficient

15  operation of the Florida Virtual On-Line High School. Tangible

16  personal property owned by the board of trustees shall be

17  subject to the provisions of chapter 273.

18         (3)(a)  Until fiscal year 2003-2004, the Commissioner

19  of Education shall include the Florida Virtual On-Line High

20  School as a grant-in-aid appropriation in the department's

21  legislative budget request to the Florida State Board of

22  Education, the Governor, and the Legislature,.

23         (a)  subject to any guidelines imposed in the General

24  Appropriations Act, funds for the operation of the Florida

25  On-Line High School shall be requested and appropriated within

26  the Department of Education as a grant-in-aid category until

27  such time as the Legislature authorizes a different funding

28  mechanism.

29         (b)  The Orange County District School Board shall be

30  the temporary fiscal agent of the Florida Virtual On-Line High

31  School.

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1         (c)  Priorities for the delivery of services by the

  2  Florida On-Line High School shall ensure that priority access

  3  is provided equitably across the state.

  4         (4)  Under no circumstance may the credit of the state

  5  be pledged on behalf of the Florida Virtual On-Line High

  6  School.

  7         (5)  By January 1, 2001, The board of trustees shall

  8  annually submit to the Governor, the Legislature, the

  9  Commissioner of Education, and the Florida Board of Education

10  Reorganization Transition Commission a complete and detailed

11  report setting forth:

12         (a)  The operations and accomplishments of the Florida

13  Virtual On-Line High School.

14         (b)  The marketing and operational plan for the Florida

15  Virtual On-Line High School, including recommendations

16  regarding methods for improving the delivery of education

17  through the Internet and other distance learning technology.

18         (c)  The assets and liabilities of the Florida Virtual

19  On-Line High School at the end of the fiscal year.

20         (d)  A copy of an annual financial and compliance audit

21  of the accounts and records of the Florida Virtual On-Line

22  High School, conducted by an independent certified public

23  accountant and performed in accordance with rules adopted by

24  the Auditor General.

25         (e)  Recommendations regarding the unit cost of

26  providing services to students. In order to most effectively

27  develop public policy regarding any future funding of the

28  Florida Virtual On-Line High School, it is imperative that the

29  cost of the program is accurately identified. The identified

30  cost of the program must be based on reliable data and reflect

31  the costs associated with maintaining a state-of-the-art

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  on-line high school, including the costs associated with

  2  maintaining a high-quality research and development effort to

  3  locate and assimilate, or develop, Internet-based courses.

  4         (f)  Recommendations regarding an accountability

  5  mechanism to assess the effectiveness of the services provided

  6  by the Florida Virtual On-Line High School.

  7         (6)  The Auditor General may, pursuant to his or her

  8  own authority, or at the direction of the Joint Legislative

  9  Auditing Committee, conduct an audit of the Florida Virtual

10  On-Line High School.

11         (7)  The Florida State Board of Education may adopt

12  rules it deems necessary to implement reporting requirements

13  for the Florida Virtual On-Line High School.

14         Section 19.  The Department of Education shall maximize

15  the available federal indirect cost allowed on all federal

16  grants. Beginning with the 2002-2003 fiscal year, none of the

17  funds received from indirect cost allowance shall be expended

18  by the department without specific appropriation by the

19  Legislature.

20         Section 20.  Effective June 30, 2002, section 229.8065,

21  Florida Statutes, is repealed.

22         Section 21.  Effective June 30, 2002, subsection (2) of

23  section 229.085, Florida Statutes, is amended to read:

24         229.085  Custody of educational funds.--

25         (2)  There is created in the Department of Education

26  the Projects, Contracts, and Grants Trust Fund. If, in

27  executing the terms of such grants or contracts for specific

28  projects, the employment of personnel shall be required, such

29  personnel shall not be subject to the requirements of s.

30  216.262(1)(a). The personnel employed to plan and administer

31  such projects shall be considered in time-limited employment

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1  not to exceed the duration of the grant or until completion of

  2  the project, whichever first occurs.  Such employees shall not

  3  acquire retention rights under the Career Service System, the

  4  provisions of s. 110.051(1) to the contrary notwithstanding.

  5  Any employee holding permanent career service status in a

  6  Department of Education position who is appointed to a

  7  position under the Projects, Contracts, and Grants Trust Fund

  8  shall retain such permanent status in the career service

  9  position.

10         Section 22.  Sections 240.145, 240.147, 240.227,

11  240.307, subsection (2) of section 240.209, and subsection (4)

12  of section 240.311, Florida Statutes, are repealed.

13         Section 23.  Except as otherwise provided in this act,

14  this act shall take effect upon becoming a law.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 2108
    304-1630-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2108

  3

  4  The Committee Substitute:

  5  Names the university boards "boards of regents."

  6  Does not provide a delay in the required Senate confirmation
    for the members of the appointed Florida Board of Education.
  7
    Requires the function of administering student financial
  8  assistance to be housed in an office of the Commissioner of
    Education.
  9
    Requires the commissioner's budget request to reflect the
10  needs of the four divisions within the Department of
    Education.
11
    Specifies membership and terms of office for the Commission
12  for Independent Education.

13  Provides that the universities are in transition from state
    agency status to that of a corporate employer without that
14  status.

15  Authorizes university student matriculation fees and tuition
    to vary no more than 10 percent below and 15 percent above the
16  standard established in a General Appropriations Act.

17  Repeals the authority for the Knott Data Center and Projects,
    Contracts, and Grants Programs to be exempt from legislative
18  budgeting requirements.

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  66

CODING: Words stricken are deletions; words underlined are additions.