Senate Bill sb2108e1
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1 A bill to be entitled
2 An act relating to education governance
3 reorganization; amending s. 240.3836, F.S.;
4 providing legislative intent; providing a
5 process for authorizing community colleges to
6 offer baccalaureate degree programs; amending
7 s. 240.527, F.S.; requiring a Campus Board of
8 the University of South Florida St. Petersburg;
9 requiring separate accreditation; providing
10 powers and duties of the Campus Board and the
11 Campus Executive Officer; providing a procedure
12 for preparing a budget request; providing for
13 central support services contracts and a letter
14 of agreement; excluding certain entities from
15 certain provisions; amending s. 240.2011, F.S.;
16 adding to the State University System the New
17 College in Sarasota; creating fiscally
18 autonomous campuses of the University of South
19 Florida; requiring a Campus Board of the
20 University of South Florida Sarasota/Manatee;
21 authorizing separate accreditation; providing
22 powers and duties of the Campus Board and the
23 Campus Executive Officer; providing a procedure
24 for preparing a budget request; providing for
25 central-support-services contracts and a letter
26 of agreement; establishing a mission, goals,
27 and board of trustees for New College of
28 Florida; providing Legislative intent;
29 redesignating St. Petersburg Junior College as
30 "St. Petersburg College"; requiring
31 accreditation; providing a mission; providing
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1 for students and fees; providing conditional
2 authority to offer baccalaureate-degree-level
3 programs; authorizing certain
4 baccalaureate-degree programs and a process for
5 increasing their number; establishing a
6 governing board and a coordinating board;
7 providing for dispute resolution; providing for
8 certain employment classifications; providing
9 for the acquisition of land, buildings, and
10 equipment; authorizing the power of eminent
11 domain; providing for state funding; requiring
12 a cost-accounting process; amending s. 229.001,
13 F.S.; revising a short title to delete obsolete
14 language; amending s. 229.002, F.S.; revising
15 the policy and guiding principles of the
16 Legislature relating to education governance;
17 amending s. 229.003, F.S.; revising the
18 timeframe for education governance
19 reorganization; revising the titles of the
20 education governance officers; revising the
21 name of the Florida On-Line High School to
22 conform with changes made by the bill; revising
23 the membership of university boards of
24 trustees; abolishing the Board of Regents, the
25 State Board of Community Colleges, and the
26 Postsecondary Education Planning Commission;
27 transferring the powers, duties, functions,
28 records, personnel, property, unexpended
29 balances of appropriations, allocations, other
30 funds, administrative authority, administrative
31 rules, pending issues, and existing contracts
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1 of the Board of Regents to the Florida Board of
2 Education, of the State Board of Community
3 Colleges to the Florida Board of Education, and
4 of the Postsecondary Education Planning
5 Commission to the Education K-20 Policy and
6 Research Council, respectively; creating the
7 Education K-20 Policy and Research Council
8 within the Department of Education;
9 transferring the Articulation Coordinating
10 Committee and the Education Standards
11 Commission by a type two transfer from the
12 Department of Education to the Florida Board of
13 Education; requiring the Commissioner of
14 Education to commence reorganization of the
15 department and specifying offices and
16 divisions; requiring the merger of the powers,
17 duties, and staffs of the State Board of
18 Independent Colleges and Universities and the
19 State Board of Nonpublic Career Education, with
20 an exception, into a single Commission for
21 Independent Education; creating s. 229.0031,
22 F.S.; creating the Education K-20 Policy and
23 Research Council; establishing the membership
24 and duties of the council; providing for the
25 appointment and employment of an executive
26 director; amending s. 229.004, F.S.; revising
27 the timeframe for the creation of the Florida
28 Board of Education; deleting the requirement
29 that the board be part time; revising the
30 duties and responsibilities of the board;
31 conforming terminology with changes made by the
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1 bill; providing cross-references to newly
2 created missions and goals and guidelines;
3 amending s. 229.005, F.S.; revising provisions
4 relating to qualifications of Florida education
5 governance officers to conform terminology to
6 changes made by the bill and to provide
7 cross-references to newly created missions and
8 goals; requiring the Commissioner of Education
9 to serve as chief executive officer of the
10 seamless K-20 education system; deleting
11 references to requirements of the Florida
12 Constitution relating to education; requiring
13 the Chancellor of Public Schools, the
14 Chancellor of Colleges and Universities, the
15 Chancellor of Community Colleges, and the
16 Executive Director of Independent Education to
17 work as division vice presidents of the
18 seamless K-20 education system; revising the
19 name of the Florida On-Line High School to
20 conform with changes made by the bill; amending
21 s. 229.006, F.S.; deleting obsolete language
22 relating to the creation and the already
23 accomplished duties of the Education Governance
24 Reorganization Transition Task Force; revising
25 the timeframe for the reorganization; requiring
26 the task force to provide guidance and
27 monitoring of the reorganization implementation
28 process and to report to the Governor, the
29 Legislature, the Secretary of the Florida Board
30 of Education, and the public on its progress;
31 revising the timeframe and recipients of the
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1 final report of the task force; creating s.
2 229.0061, F.S.; establishing guidelines for the
3 implementation, structure, functions, and
4 organization of Florida's K-20 education
5 system; creating s. 229.007, F.S.; establishing
6 Florida's K-20 education performance
7 accountability system; providing legislative
8 intent; establishing the mission and goals and
9 systemwide measures; requiring proposals and an
10 implementation schedule for performance-based
11 funding; creating s. 229.0072, F.S.;
12 establishing a reorganization implementation
13 process; requiring the Governor to appoint
14 university boards of trustees, a Florida Board
15 of Education and a Secretary of the Florida
16 Board of Education; establishing duties of the
17 Florida Board of Education relating to the
18 transition and implementation of the K-20
19 system; requiring the Commissioner of Education
20 to work with the Florida Board of Education to
21 achieve full implementation of the seamless
22 K-20 system and to commence reorganization of
23 the department as required by the act;
24 requiring the Florida Board of Education to
25 appoint advisory bodies as necessary, and
26 develop and recommend to the Legislature a new
27 School Code; creating s. 229.0073, F.S.;
28 directing the Commissioner of Education to work
29 with the Florida Board of Education to
30 reorganize the Department of Education as
31 provided by the act; creating s. 229.0074,
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1 F.S.; establishing the mission of the Division
2 of Independent Education; providing duties of
3 the executive director; combining and
4 transferring the powers and duties of the State
5 Board of Independent Colleges and Universities
6 and the State Board of Nonpublic Career
7 Education, with an exception, to the Commission
8 for Independent Education; providing duties of
9 the commission; providing composition of the
10 Commission for Independent Education; creating
11 s. 229.008, F.S.; providing for establishment
12 and membership of boards of trustees of
13 universities in the State University System;
14 creating s. 229.0081, F.S.; establishing powers
15 and duties of university boards of trustees;
16 creating s. 229.0082, F.S.; establishing powers
17 and duties of university presidents; creating
18 s. 229.0083, F.S.; transferring the Partnership
19 for School Readiness from the Executive Office
20 of the Governor to the Agency for Workforce
21 Innovation; revising the name of the Florida
22 On-Line High School to the Florida Virtual High
23 School, which school shall be housed within the
24 Commissioner of Education's Office of
25 Technology and Information Services and
26 monitored by the commissioner; stating the
27 mission of the Florida Virtual High School;
28 deleting obsolete language; revising the duties
29 of the school's board of trustees; requiring
30 the Department of Education to maximize federal
31 indirect cost allowed on federal grants;
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1 requiring appropriation for expenditure of
2 funds received from indirect cost allowance;
3 repealing s. 229.0865, F.S., relating to the
4 Knott Data Center and projects, contracts, and
5 grants; amending s. 229.085, F.S.; removing an
6 exemption for personnel employed by projects
7 funded by contracts and grants; repealing ss.
8 240.145, 240.147, 240.205, 240.209(2), 240.227,
9 240.307, and 240.311(4), F.S., relating to the
10 Postsecondary Education Planning Commission,
11 the powers and duties of the commission,
12 creation of the Board of Regents as a body
13 corporate, the Board of Regents appointment of
14 a Chancellor of the State University System,
15 powers and duties of university presidents, the
16 appointment of members of the State Board of
17 Community Colleges, and the appointment of an
18 executive director of the community college
19 system; repealing s. 235.217(1)(b), (c), and
20 (d), (3)(a), (c), (d), and (e), and (2), (4),
21 and (5), F.S., relating to the SMART Schools
22 Clearinghouse; providing effective dates.
23
24 WHEREAS, in response to Floridians' amendment of s. 2,
25 Art. IX of the State Constitution requiring a seven-member
26 state board of education appointed by the Governor to
27 staggered 4-year terms, subject to confirmation by the Senate,
28 which "shall appoint the commissioner of education," the 2000
29 Legislature enacted the "Florida Education Governance
30 Reorganization Act of 2000" (chapter 2000-321, Laws of
31 Florida), and
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1 WHEREAS, the Florida Education Governance
2 Reorganization Act of 2000 provided legislative policy and
3 guiding principles for a seamless kindergarten through
4 postgraduate education system; provided for the future repeal
5 of existing education entities and statutes; provided for
6 nine-member boards of trustees for each university in the
7 State University System; provided for the establishment and
8 duties of the Florida Board of Education and specified
9 education governance officers; and established the Education
10 Governance Reorganization Transition Task Force charged with
11 the duty to make recommendations to the Legislature, pursuant
12 to a legislatively established timeline, to accomplish a
13 smooth and orderly transition to the new education system, and
14 WHEREAS, the Education Governance Reorganization
15 Transition Task Force was timely appointed and has been
16 aggressively pursuing its statutory duties by holding meetings
17 and public hearings throughout the state, consulting with
18 education stakeholders and national experts, taking public
19 testimony, and working to expedite its recommendations, NOW,
20 THEREFORE,
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 240.3836, Florida Statutes, is
25 amended to read:
26 240.3836 Site-determined baccalaureate degree access
27 program; funding.--
28 (1) The Legislature recognizes that public and private
29 postsecondary education institutions play essential roles in
30 improving the quality of life and economic well-being of the
31 state and its residents. The Legislature also recognizes that
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1 economic development needs and the educational needs of
2 place-bound, nontraditional students have increased the demand
3 for local access to baccalaureate degree programs. In some,
4 but not all, geographic regions, baccalaureate degree programs
5 are being delivered successfully at the local community
6 college through agreements between the community college and
7 4-year postsecondary institutions within or outside of the
8 state. It is therefore the intent of the Legislature to
9 further expand access to baccalaureate degree programs through
10 the use of community colleges apply this concept in the
11 creation and funding of a program that supports local economic
12 development and responds to public demand for increased access
13 to baccalaureate degrees in areas of the state that are
14 underserved by 4-year institutions.
15 (2) A community college may be authorized by the State
16 Board of Education to offer a limited number of baccalaureate
17 degrees designed to meet local workforce needs through one of
18 the following processes:
19 (a) A community college may enter into a formal
20 agreement with the state university in its service area for
21 the community college to deliver specified baccalaureate
22 degree programs. The agreement must be submitted to the State
23 Board of Education for approval. The college's proposal must
24 include the following information:
25 1. Demand for the baccalaureate degree program is
26 identified by the workforce development board, local
27 businesses and industry, local chambers of commerce, and
28 potential students.
29 2. Unmet need for graduates of the proposed degree
30 program is substantiated.
31
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1 3. The community college has the facilities and
2 academic resources to deliver the program.
3
4 The proposal must be submitted to the Postsecondary Education
5 Planning Commission for review and comment. Upon approval of
6 the State Board of Education for the specific degree program
7 or programs, the college shall pursue regional accreditation
8 by the Commission on Colleges of the Southern Association of
9 Colleges and Schools. Any additional baccalaureate degree
10 programs the college wishes to offer must be approved by the
11 State Board of Education.
12 (b) A community college may develop a proposal to
13 deliver specified baccalaureate degree programs in its
14 district. The proposal must be submitted to the State Board of
15 Education for approval. The college's proposal must include
16 the following information:
17 1. Demand for the baccalaureate degree program is
18 identified by the workforce development board, local
19 businesses and industry, local chambers of commerce, and
20 potential students.
21 2. Unmet need for graduates of the proposed degree
22 program is substantiated.
23 3. The community college has the facilities and
24 academic resources to deliver the program.
25
26 The proposal must be submitted to the Postsecondary Education
27 Planning Commission for review and comment. Upon approval of
28 the State Board of Education for the specific degree program
29 or programs, the college shall pursue regional accreditation
30 by the Commission on Colleges of the Southern Association of
31 Colleges and Schools. Any additional baccalaureate degree
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1 programs the college wishes to offer must be approved by the
2 State Board of Education.
3 (3) A community college may not terminate its
4 Associate-in-Arts or Associate-in-Science degree programs as a
5 result of the authorization provided in subsection (2). The
6 Legislature intends that the primary mission of a community
7 college, including a college that offers baccalaureate-degree
8 programs, continues to be the provision of associate degrees
9 that provide access to a university.
10 (2) Categorical funding is authorized for the
11 site-determined baccalaureate degree access program created by
12 this section. Funds may not be used to support the
13 construction, renovation, or remodeling of facilities. This
14 program is voluntary and does not preclude other mutually
15 agreed upon arrangements between community colleges and 4-year
16 institutions for the delivery of baccalaureate degrees on
17 community college sites.
18 (3) Each community college wishing to participate in
19 the site-determined baccalaureate degree access program must:
20 (a) Identify baccalaureate degree programs that are
21 not currently offered at the community college but are
22 proposed for delivery at the college to meet the academic and
23 economic development needs of one or more communities within
24 the college's service area. When assessing local needs, the
25 college should seek input from the appropriate chamber of
26 commerce, workforce development council, and other civic and
27 business groups. As used in this section, the term "economic
28 development" means entrepreneurial efforts, the attraction of
29 new business and industry to the area, and the expansion of
30 existing business and industry.
31
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1 (b) Determine the number of students interested in
2 pursuing each proposed baccalaureate degree program and
3 identify the enrollment patterns, any special characteristics
4 of those students, and any unique combination or modification
5 of course offerings that may be necessary to meet student
6 enrollment needs.
7 (c) Submit a proposal to the Postsecondary Education
8 Planning Commission requesting validation of the need for the
9 proposed baccalaureate degree program and tentative approval
10 for program funding. The proposal must include:
11 1. A description of each proposed baccalaureate degree
12 program identifying the junior-level and senior-level courses
13 to be offered and designating whether the program should be
14 offered for a cohort group or as an ongoing degree program.
15 2. Evidence that local occupational forecasts support
16 the existence of jobs for graduates of the proposed
17 baccalaureate degree programs.
18 3. An estimated number of students to be served by
19 each proposed degree program.
20 4. An assurance that the community college's existing
21 facilities are sufficient to meet the additional demands for
22 classroom and laboratory space for the proposed degree
23 programs.
24 5. Evidence that the college has requested the
25 participation of no fewer than three regionally accredited
26 4-year postsecondary institutions, including at least one
27 member of the State University System. Any member of the
28 State University System and any independent, regionally
29 accredited, 4-year institution that is chartered in, and has
30 its primary campus located in, Florida may be a partner in a
31
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1 site-determined baccalaureate degree access program at any
2 community college.
3 6. A tentative agreement between the community college
4 and the 4-year postsecondary institution selected to offer the
5 upper-level courses leading to the proposed degree or degrees.
6 7. Any additional provisions that the Postsecondary
7 Education Planning Commission considers pertinent to the
8 proposal.
9 (4) The Postsecondary Education Planning Commission,
10 after soliciting comments from the Board of Regents and the
11 State Board of Community Colleges, shall validate the need for
12 each baccalaureate degree program proposed for delivery
13 according to this section and shall notify the community
14 college that its proposal has been approved or rejected. The
15 commission shall establish procedures for the timely
16 submission, review, and approval of the proposals and
17 agreements required by this section. These procedures must be
18 designed to allow the initiation of approved baccalaureate
19 degree programs at least 3 times each fiscal year.
20 (5) Once the Postsecondary Education Planning
21 Commission validates the need for the proposed baccalaureate
22 degree program and notifies the community college that its
23 proposal has been approved, the community college shall
24 finalize an agreement with the regionally accredited, public
25 or nonpublic, 4-year postsecondary institution selected to
26 provide the upper-level instructional services in the approved
27 baccalaureate degree program. The commission shall identify
28 the common aspects that each agreement must address,
29 including, but not limited to:
30
31
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1 (a) A course delivery pattern based on the student
2 enrollment patterns and characteristics included in the
3 approved proposal.
4 (b) An articulation provision that guarantees
5 acceptance of students who hold an associate in arts or
6 associate in science degree and satisfy any other
7 prerequisites for admission to the specific baccalaureate
8 degree program.
9 (c) The provision of library services and student
10 support services.
11 (d) An agreement that the participating 4-year
12 postsecondary institution will continue offering instructional
13 services at least until all qualified members of the initial
14 group of students have had an opportunity to complete the
15 degree program.
16 (e) The specific and measurable performance criteria
17 that the Postsecondary Education Planning Commission may use
18 to evaluate the outcomes and outputs of the baccalaureate
19 degree program within an identified timeframe.
20 (f) An agreement that in-state student tuition for the
21 degree program will not exceed the matriculation fee for the
22 State University System unless the proposal approved by the
23 Postsecondary Education Planning Commission allows the
24 participating institutions to charge differentiated tuition
25 and fees to encourage student attendance and participation.
26 Out-of-state students shall pay full costs. Notwithstanding
27 s. 240.605, students participating in a site-determined
28 baccalaureate degree program may not receive a Florida
29 Resident Access Grant.
30 (6) Each participating community college must submit
31 the agreement required by this section to the Postsecondary
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1 Education Planning Commission for review and final approval
2 before initiating an approved site-determined baccalaureate
3 degree access program. Subject to the availability of
4 legislative appropriations specifically provided for this
5 purpose, the Postsecondary Education Planning Commission must
6 recommend to the Commissioner of Education the total funds to
7 be released to each participating community college for the
8 initiation of the approved site-determined baccalaureate
9 degree access program. The community college shall distribute
10 funds to the participating 4-year postsecondary institution at
11 the rate specified in the approved agreement. The
12 Postsecondary Education Planning Commission shall not
13 recommend the release of funding for any program that is
14 terminated before or after the evaluation required by this
15 section. The total funds to be released for the initiation of
16 an approved program shall be based on the number of fundable
17 upper-level student credit hours for each term. Unless
18 otherwise provided in an appropriations act, the funding per
19 credit hour shall be an amount equal to the state funds,
20 excluding student fees, appropriated to the State University
21 System for each full-time equivalent student enrolled in
22 upper-level course work. Student credit hours funded under
23 this program may not be duplicated in any other calculation of
24 state funding for the 4-year institution.
25 (7) The Postsecondary Education Planning Commission
26 may require the participating community colleges and 4-year
27 postsecondary institutions to submit information necessary to
28 monitor the annual performance of the program. Within 90 days
29 after the 2nd and 4th year of the site-determined
30 baccalaureate degree access program, the commission shall
31 submit to the chairs of the education and fiscal committees of
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1 the Legislature a progress report, including an evaluation of
2 the funding mechanism created by this section. The commission
3 shall review each site-determined baccalaureate degree access
4 program funded under this section to ascertain whether the
5 performance measures specified in the agreement between the
6 participating community college and the 4-year institution
7 have been met. Each program must be reviewed 4 years after
8 initiation unless a shorter timeframe is specified in the
9 agreement. The performance measures must include the student
10 graduation rate, the employment rate of program graduates both
11 within and outside the community college service area, the
12 continuing need to offer the specific baccalaureate degree
13 program in the community college service area, and such other
14 information as the Postsecondary Education Planning Commission
15 may determine necessary for program and performance
16 evaluation. Based on its evaluation, the commission shall
17 either approve continuation of the program, require
18 modifications prior to program approval, or recommend that the
19 participating institutions terminate the program after all
20 qualified members of the initial group of students have an
21 opportunity to complete the degree program. The commission
22 must submit to the Commissioner of Education for inclusion in
23 the legislative budget a request for funding for approved
24 site-determined baccalaureate degree access programs.
25 (8) If no accredited 4-year institution is willing to
26 provide a baccalaureate degree program approved by the
27 Postsecondary Education Planning Commission under this
28 section, the community college board of trustees may ask the
29 commission to evaluate the college's request to offer the
30 degree program. If the commission is satisfied that the
31 community college should offer the degree program, it shall
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1 recommend to the Legislature the enactment of statutory
2 authority for the community college to offer that specific
3 baccalaureate degree program.
4 Section 2. Section 240.527, Florida Statutes, is
5 amended to read:
6 (Substantial rewording of section. See
7 s. 240.527, F.S., for present text.)
8 240.527 The University of South Florida St.
9 Petersburg.--
10 (1) The St. Petersburg campus of the University of
11 South Florida is established and shall be known as the
12 "University of South Florida St. Petersburg."
13 (a) The Legislature intends that the University of
14 South Florida St. Petersburg be operated and maintained as a
15 separate organizational and budget entity of the University of
16 South Florida, and that all legislative appropriations for the
17 University of South Florida St. Petersburg be set forth as
18 separate line items in the annual General Appropriations Act.
19 (b) The University of South Florida St. Petersburg
20 shall have a Campus Board and a Campus Executive Officer.
21 (c) As soon as possible, but no later than the
22 effective date of this act, the President of the University of
23 South Florida shall begin the process of application to the
24 Commission on Colleges of the Southern Association of Colleges
25 and Schools for separate accreditation of the University of
26 South Florida St. Petersburg. If the application is not
27 approved or is provisionally approved, the University of South
28 Florida shall correct any identified deficiencies and shall
29 continue to work for accreditation.
30 (2) The Board of Trustees of the University of South
31 Florida shall appoint to the Campus Board, from
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1 recommendations of the President of the University of South
2 Florida, five residents of Pinellas County. If a resident of
3 Pinellas County is appointed to the Board of Trustees of the
4 University of South Florida, the board shall appoint that
5 member to serve jointly as a member of the Campus Board. If
6 more than one Pinellas County resident is appointed to the
7 Board of Trustees, the board shall select one joint member.
8 The Board of Trustees may reappoint a member to the Campus
9 Board for one additional term. The Campus Board has the powers
10 and duties provided by law, which include the authority to:
11 (a) Review and approve an annual legislative budget
12 request to be submitted to the Commissioner of Education. The
13 Campus Executive Officer shall prepare the legislative budget
14 request in accordance with guidelines established by the
15 Florida Board of Education. This request must include items
16 for campus operations and fixed capital outlay.
17 (b) Approve and submit an annual operating plan and
18 budget for review and consultation by the Board of Trustees of
19 the University of South Florida. The campus operating budget
20 must reflect the actual funding available to that campus from
21 separate line-item appropriations contained in each annual
22 General Appropriations Act, which line-item appropriations
23 must initially reflect the funds reported to the Florida
24 Legislature for the University of South Florida St. Petersburg
25 Campus for fiscal year 2000-2001 and any additional funds
26 provided in the fiscal year 2001-2002 legislative
27 appropriation.
28 (c) Enter into central support services contracts with
29 the Board of Trustees of the University of South Florida for
30 any services that the St. Petersburg campus cannot provide
31 more economically, including payroll processing, accounting,
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1 technology, construction administration, and other desired
2 services. However, all legal services for the campus must be
3 provided by a central services contract with the university.
4 The Board of Trustees of the University of South Florida and
5 the Campus Board shall determine in a letter of agreement any
6 allocation or sharing of student fee revenue between the
7 University of South Florida's main campus and the St.
8 Petersburg campus.
9
10 The Board of Trustees of the University of South Florida may
11 lawfully delegate other powers and duties to the Campus Board
12 for the efficient operation and improvement of the campus and
13 for the purpose of vesting in the campus the attributes
14 necessary to meet the requirements for separate accreditation
15 by the Southern Association of Colleges and Schools.
16 (3) The University of South Florida St. Petersburg
17 shall be administered by a Campus Executive Officer who shall
18 be appointed by, report directly to, and serve at the pleasure
19 of the President of the University of South Florida. The
20 President shall consult with the Campus Board before hiring or
21 terminating the Campus Executive Officer. The Campus Executive
22 Officer has authority and responsibility as provided in law,
23 including the authority to:
24 (a) Administer campus operations within the annual
25 operating budget as approved by the Campus Board.
26 (b) Recommend to the Campus Board an annual
27 legislative budget request that includes funding for campus
28 operations and fixed capital outlay.
29 (c) Recommend to the Campus Board an annual campus
30 operating budget.
31
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1 (d) Recommend to the Campus Board appropriate services
2 and terms and conditions to be included in annual central
3 support services contracts.
4 (e) Carry out any additional responsibilities assigned
5 or delegated by the President of the University of South
6 Florida for the efficient operation and improvement of the
7 campus, especially any authority necessary for the purpose of
8 vesting in the campus attributes necessary to meet the
9 requirements for separate accreditation.
10 (4) Students enrolled at the University of South
11 Florida, including those enrolled at a branch campus, have the
12 same rights and obligations as provided by law, policy, or
13 rule adopted by the University of South Florida, the Florida
14 Department of Education, or other lawful entity. The
15 University of South Florida shall provide a comprehensive and
16 coordinated system of student registration so that a student
17 enrolled at any campus of the University of South Florida has
18 the ability to register for courses at any other campus of the
19 University of South Florida.
20 (5) The following entities are not affected by this
21 section and remain under the administrative control of the
22 University of South Florida:
23 (a) The University of South Florida College of Marine
24 Science, which is a component college of the main campus.
25 (b) The Florida Institute of Oceanography, which is a
26 Type One Institute.
27 (c) The University of South Florida Pediatric Research
28 Center.
29 (d) The University of South Florida/USGS joint
30 facility.
31
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1 Section 3. Effective July 1, 2001, subsection (5) of
2 section 240.2011, Florida Statutes, is amended, and subsection
3 (12) is added to that section, to read:
4 240.2011 State University System defined.--The State
5 University System shall consist of the following:
6 (5) The University of South Florida, with a main
7 campus located in Hillsborough County and two fiscally
8 autonomous campuses, one in Pinellas County, named the
9 University of South Florida St. Petersburg, and the other
10 named the University of South Florida Sarasota/Manatee.
11 (12) New College of Florida, located in Sarasota
12 County, which is the 4-year residential liberal arts honors
13 college of the state of Florida.
14 Section 4. The University of South Florida
15 Sarasota/Manatee.--
16 (1) The Sarasota/Manatee campus of the University of
17 South Florida is established and shall be known as the
18 "University of South Florida Sarasota/Manatee."
19 (a) The Legislature intends that the University of
20 South Florida Sarasota/Manatee be operated and maintained as a
21 separate organizational and budget entity of the University of
22 South Florida and that all legislative appropriations for the
23 University of South Florida Sarasota/Manatee be set forth as
24 separate line items in the annual General Appropriations Act.
25 (b) The University of South Florida Sarasota/Manatee
26 shall have a Campus Board and a Campus Executive Officer.
27 (c) As soon as possible, but no later than July 1,
28 2002, the President of the University of South Florida shall
29 begin the process of application to the Commission on Colleges
30 of the Southern Association of Colleges and Schools for
31 separate accreditation of the University of South Florida
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1 Sarasota/Manatee. If the application is not approved or is
2 provisionally approved, the University of South Florida shall
3 correct any identified deficiencies and shall continue to work
4 for accreditation.
5 (2) The Board of Trustees of the University of South
6 Florida shall appoint to the Campus Board, from
7 recommendations of the President of the University of South
8 Florida, three residents of Manatee County and two residents
9 of Sarasota County, to serve 4-year staggered terms. If one or
10 more residents of Sarasota County or Manatee County is
11 appointed to the Board of Trustees of the University of South
12 Florida, the board shall, at the next vacancy of the campus
13 board, appoint one of those members to serve jointly as a
14 member of the Campus Board. The Board of Trustees may
15 reappoint a member to the Campus Board for one additional
16 term. The Campus Board has the powers and duties provided by
17 law, which include the authority to:
18 (a) Review and approve an annual legislative budget
19 request to be submitted to the Commissioner of Education. The
20 Campus Executive Officer shall prepare the legislative budget
21 request in accordance with guidelines established by the
22 Florida Board of Education. This request must include items
23 for campus operations and fixed capital outlay.
24 (b) Approve and submit an annual operating plan and
25 budget for review and consultation by the Board of Trustees of
26 the University of South Florida. The campus operating budget
27 must reflect the actual funding available to that campus from
28 separate line-item appropriations contained in each annual
29 General Appropriations Act, which line-item appropriations
30 must initially reflect the funds reported to the Florida
31 Legislature for the University of South Florida
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1 Sarasota/Manatee Campus for fiscal year 2000-2001 and any
2 additional funds provided in the fiscal year 2001-2002
3 legislative appropriation.
4 (c) Enter into central support services contracts with
5 the Board of Trustees of the University of South Florida for
6 any services that the campus at Sarasota/Manatee cannot
7 provide more economically, including payroll processing,
8 accounting, technology, construction administration, and other
9 desired services. However, all legal services for the campus
10 must be provided by a central services contract with the
11 university. The Board of Trustees of the University of South
12 Florida and the Campus Board shall determine in a letter of
13 agreement any allocation or sharing of student fee revenue
14 between the University of South Florida's main campus and the
15 Sarasota/Manatee campus.
16
17 The Board of Trustees of the University of South Florida may
18 lawfully delegate other powers and duties to the Campus Board
19 for the efficient operation and improvement of the campus and
20 for the purpose of vesting in the campus the attributes
21 necessary to meet the requirements for separate accreditation
22 by the Southern Association of Colleges and Schools.
23 (3) The University of South Florida Sarasota/Manatee
24 shall be administered by a Campus Executive Officer who shall
25 be appointed by, report directly to, and serve at the pleasure
26 of the President of the University of South Florida. The
27 President shall consult with the Campus Board before hiring or
28 terminating the Campus Executive Officer. The Campus Executive
29 Officer has authority and responsibility as provided in law,
30 including the authority to:
31
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1 (a) Administer campus operations within the annual
2 operating budget as approved by the Campus Board.
3 (b) Recommend to the Campus Board an annual
4 legislative budget request that includes funding for campus
5 operations and fixed capital outlay.
6 (c) Recommend to the Campus Board an annual campus
7 operating budget.
8 (d) Recommend to the Campus Board appropriate services
9 and terms and conditions to be included in annual central
10 support services contracts.
11 (e) Carry out any additional responsibilities assigned
12 or delegated by the President of the University of South
13 Florida for the efficient operation and improvement of the
14 campus, especially any authority necessary for the purpose of
15 vesting in the campus attributes necessary to meet the
16 requirements for separate accreditation.
17 (4) Students enrolled at the University of South
18 Florida, including those enrolled at a branch campus, have the
19 same rights and obligations as provided by law, policy, or
20 rule adopted by the University of South Florida, the Florida
21 Department of Education, or other lawful entity. The
22 University of South Florida shall provide a comprehensive and
23 coordinated system of student registration so that a student
24 enrolled at any campus of the University of South Florida has
25 the ability to register for courses at any other campus of the
26 University of South Florida.
27 (5) Promote technology transfer between the research
28 operations of the University of South Florida and local
29 economic development agencies.
30 Section 5. New College of Florida.--
31
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1 (1) Mission and goals.--As a member of the State
2 University System of Florida, New College of Florida preserves
3 its distinctive mission as a residential liberal arts honors
4 college. To maintain this mission, New College of Florida has
5 the following goals:
6 (a) To provide a quality education to students of high
7 ability who, because of their ability, deserve a program of
8 study that is both demanding and stimulating.
9 (b) To engage in undergraduate educational reform by
10 combining educational innovation with educational excellence.
11 (c) To provide programs of study that allow students
12 to design their educational experience as much as possible in
13 accordance with their individual interests, values, and
14 abilities.
15 (d) To challenge undergraduates not only to master
16 existing bodies of knowledge but also to extend the frontiers
17 of knowledge through original research.
18 (2) Accreditation.--As soon as possible, New College
19 of Florida shall apply to the Commission on Colleges of the
20 Southern Association of Colleges and Schools for separate
21 accreditation.
22 (3) Board of Trustees.--The Governor shall appoint 11
23 members to the Board of Trustees, to serve 4-year staggered
24 terms, as follows:
25 (a) Three residents of Sarasota County.
26 (b) Two residents of Manatee County.
27 (c) Until the expiration date of the terms of office
28 of the members who are on the board June 30, 2001, six members
29 shall be selected from the Board of Trustees of the New
30 College Foundation.
31
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1 Section 6. Legislative intent.--The Legislature
2 intends to create an innovative means to increase access to
3 baccalaureate-degree-level education in populous counties that
4 are underserved by public baccalaureate-degree-granting
5 institutions. This education is intended to address the
6 state's workforce needs, especially the need for teachers,
7 nurses, and business managers in agencies and firms that
8 require expertise in technology.
9 Section 7. St. Petersburg College; mission.--St.
10 Petersburg Junior College is redesignated as St. Petersburg
11 College. The college shall immediately seek accreditation from
12 the Southern Association of Colleges and Schools as a
13 baccalaureate-degree-granting college.
14 (1) The primary mission of St. Petersburg College is
15 to provide high-quality undergraduate education at an
16 affordable price for students and the state. The purpose is to
17 promote economic development by preparing people for
18 occupations that require a bachelor's degree and are in demand
19 by existing or emerging public and private employers in this
20 state.
21 (2) The college is to maintain the mission and
22 policies of a Florida community college, including the
23 open-door admissions policy and the authority to offer all
24 programs consistent with a public community college's
25 authority.
26 (3) St. Petersburg College shall maintain the
27 distinction between the college and its university center. St.
28 Petersburg College is limited to community college programs
29 and to selected baccalaureate-degree-level programs that meet
30 community needs and are authorized as provided by this act.
31 The University Center may make available more diverse program
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1 offerings, but those programs are offered by a participating
2 college or university and are not to be classified or funded
3 as a program of St. Petersburg College.
4 (4) The academic policies of the upper-division
5 program at St. Petersburg College must be in accordance with
6 policies of the State University System.
7 (5) Sections 240.293 and 240.2945, Florida Statutes,
8 apply to St. Petersburg College.
9 Section 8. St. Petersburg College; students.--
10 (1) St. Petersburg College shall maintain separate
11 records for students who are enrolled in courses classified in
12 the upper division and lower division of a baccalaureate
13 program, according to the Common Course Numbering System. A
14 student shall be reported as a community college student for
15 enrollment in a lower-division course and as a
16 baccalaureate-degree-program student for enrollment in an
17 upper-division course.
18 (2) The Board of Trustees of St. Petersburg College
19 shall establish the level of matriculation, tuition, and other
20 authorized student fees.
21 (a) For each credit hour of enrollment in a
22 certificate-level course or lower-division-level college
23 credit course, matriculation and tuition fees must be within
24 the range authorized in law and rule for a community college
25 student at that level.
26 (b) For each credit hour of enrollment in an
27 upper-division-level course, matriculation and tuition fees
28 must be in an amount established by the Board of Trustees of
29 St. Petersburg College. However, fees for upper-division
30 students must reflect the fact that the college does not incur
31 the costs of major research programs. Therefore, the board
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1 shall establish fees for upper-division students within a
2 range that is lower than the fees established for students at
3 a public university but higher than the fees for community
4 college students.
5 (c) Other mandatory fees and local fees must be at the
6 same level for all lower division students. For upper division
7 students, other mandatory fees and local fees must be at a
8 level less than fees established for University of South
9 Florida students, regardless of program enrollment or level.
10 However, students in workforce development education courses
11 maintain the authorized fee exemptions described in section
12 239.117, Florida Statutes, and may be exempt from local fees
13 imposed by the Board of Trustees, at the board's discretion.
14 Section 9. St. Petersburg College; degrees.--
15 (1) In addition to the certificates, diplomas, and
16 degrees authorized in section 240.301, Florida Statutes, St.
17 Petersburg College may offer selected baccalaureate degrees.
18 Initially, the college may offer programs that lead to a
19 baccalaureate degree in the following fields:
20 (a) Bachelor of Science in Nursing. This program must
21 be designed to articulate with the Associate in Science Degree
22 in nursing. St. Petersburg College shall continue to offer the
23 Associate in Science degree in nursing.
24 (b) Bachelor of Arts and Bachelor of Science in
25 Elementary Education.
26 (c) Bachelor of Arts and Bachelor of Science in
27 Special Education.
28 (d) Bachelor of Arts and Bachelor of Science in
29 Secondary Education.
30 (e) Bachelor of Applied Science in fields selected by
31 the Board of Trustees of St. Petersburg College. The board
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1 shall base the selection on an analysis of workforce needs and
2 opportunities in the following counties: Pinellas, Pasco,
3 Hernando, and other counties approved by the Florida
4 Department of Education. For each program selected, St.
5 Petersburg College must offer a related Associate-in-Science
6 or Associate-in-Applied-Science degree program, and the
7 baccalaureate-degree-level program must be designed to
8 articulate fully with at least one Associate-in-Science degree
9 program. The college is encouraged to develop articulation
10 agreements for enrollment of graduates of related
11 Associate-in-Applied-Science degree programs.
12 (2) St. Petersburg College may offer courses that
13 enable teachers to qualify for certification and
14 recertification as required by law or rule.
15 (3) The college may offer programs to provide
16 opportunities for a person who holds a baccalaureate degree,
17 but is not certified to teach, to obtain any additional
18 courses required for teacher certification.
19 (4) Masters-degree-level programs and doctoral
20 programs may be provided by agreement with a college or
21 university participating in the University Center of St.
22 Petersburg College.
23 (5) For those students living outside Pinellas County,
24 St. Petersburg College shall recruit for the upper-division
25 only those students who have earned an associate degree. In
26 recruiting upper division students in Pasco and Hernando
27 Counties, St. Petersburg College shall work cooperatively with
28 Pasco-Hernando Community College and shall seek to offer
29 courses and programs at Pasco-Hernando Community College when
30 feasible. The nursing programs, in particular, must be
31 conducted cooperatively, and programs at St. Petersburg
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1 College shall not conflict with Pasco-Hernando Community
2 College's and the University of South Florida's cooperative
3 nursing program.
4 Section 10. St. Petersburg College; boards.--
5 (1) The Board of Trustees of St. Petersburg Junior
6 College is renamed the Board of Trustees of St. Petersburg
7 College and serves as its governing board. The Governor shall
8 appoint members as provided in section 240.313, Florida
9 Statutes, and the board has the duties and authorities granted
10 in sections 240.315 and 240.319, Florida Statutes, and by
11 rules of the State Board of Education.
12 (2) The Board of Trustees of St. Petersburg College
13 may authorize direct support organizations as authorized in
14 sections 240.299 and 240.331, Florida Statutes.
15 (3) The Board of Trustees of St. Petersburg College
16 may continue to award degrees, diplomas, and certificates as
17 authorized for St. Petersburg Junior College, and in the name
18 of St. Petersburg Junior College, until St. Petersburg College
19 receives its accreditation.
20 (4) A coordinating board shall assist the Board of
21 Trustees in its deliberations concerning issues that affect
22 the upper division of the college. The coordinating board
23 consists of the President of the University of South Florida,
24 the President of St. Petersburg College, the President of
25 Pasco-Hernando Community College, and the chairpersons of the
26 boards of trustees of those institutions.
27 (5) Beginning 4 years after the college receives
28 accreditation to offer baccalaureate degrees, the Board of
29 Trustees of St. Petersburg College may determine additional
30 programs to be offered, with the approval of the coordinating
31
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1 board. The determination must consider community needs and
2 economic opportunities.
3 (6) The coordinating board shall meet at the request
4 of the President of the University of South Florida or the
5 President of St. Petersburg College.
6 (7) If the coordinating board cannot decide an issue
7 of importance to the programs designed for upper-division
8 students, the chief educational officer of this state shall
9 resolve the issue.
10 Section 11. St. Petersburg College; employees.--
11 (1) Employment at St. Petersburg College is governed
12 by the same laws that govern community colleges, except that
13 upper-division faculty are eligible for continuing contract
14 upon the completion of the fifth year of teaching.
15 (2) Employee records for all personnel shall be
16 maintained as required by s. 240.337, Florida Statutes.
17 Section 12. St. Petersburg College; facilities.--The
18 St. Petersburg College may request funding from the Public
19 Education Capital Outlay and Debt Service Trust Fund as a
20 community college and as a university. The municipalities of
21 Pinellas County, the Board of County Commissioners of Pinellas
22 County, and all other governmental entities are authorized to
23 cooperate with the Board of Trustees in establishing this
24 institution. The acquisition and donation of lands, buildings,
25 and equipment for the use of St. Petersburg College are
26 authorized as a public purpose. The Board of County
27 Commissioners of Pinellas County and all municipalities in
28 Pinellas County may exercise the power of eminent domain to
29 acquire lands, buildings, and equipment for the use of St.
30 Petersburg College, regardless of whether such lands,
31
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1 buildings, and equipment are located in a community
2 redevelopment area.
3 Section 13. St. Petersburg College; state funding.--
4 (1) The Legislature intends to fund St. Petersburg
5 College as a community college for its workforce development
6 education programs and for its lower-division-level college
7 credit courses and programs.
8 (2) The Legislature intends to fund St. Petersburg
9 College as a baccalaureate-degree-level institution for its
10 upper-division-level courses and programs.
11 (3) During the 2001-2002 fiscal year, St. Petersburg
12 College shall estimate the appropriate level of funding for
13 these programs. By March 1, 2002, the college shall complete a
14 cost study and shall submit to the Legislature a proposal for
15 cost accounting and legislative budget requests designed to
16 acknowledge its unique classification. The cost study must
17 indicate actual costs projected for the first 4 years of
18 operation as a baccalaureate-level institution, with the first
19 students expected to enroll in the upper division in fall
20 semester of 2002.
21 Section 14. Nothing contained within this act shall be
22 construed to adversely impact the accreditation of the
23 University of South Florida.
24 Section 15. Section 229.001, Florida Statutes, is
25 amended to read:
26 229.001 Short title.--This act may be cited as the
27 "Florida Education Governance Reorganization Implementation
28 Act of 2000."
29 Section 16. Section 229.002, Florida Statutes, is
30 amended to read:
31
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1 229.002 Declaration of policy and guiding
2 principles.--
3 (1) It is the policy of the Legislature:
4 (a) To achieve within existing resources true systemic
5 change in education governance by establishing a seamless
6 academic educational system that fosters an integrated
7 continuum of kindergarten through graduate school education
8 for Florida's citizens.
9 (b) To promote enhanced academic success and funding
10 efficiency by centralizing the governance of educational
11 delivery systems and aligning responsibility with
12 accountability.
13 (c) To provide consistent education policy vertically
14 and horizontally across all educational delivery systems,
15 focusing on students the needs of those receiving education,
16 not those providing education.
17 (d) To provide substantially improved vertical and
18 horizontal articulation across all educational delivery
19 systems while ensuring that nonpublic education institutions
20 and home education programs maintain their independence,
21 autonomy, and nongovernmental status.
22 (e) To provide for devolution of authority to the
23 schools, community colleges, universities, and other education
24 institutions that are the actual deliverers of educational
25 services in order to provide student-centered education
26 services within the clear parameters of the overarching
27 education policy established by the Legislature.
28 (f) To ensure that independent education institutions
29 and home education programs maintain their independence,
30 autonomy, and nongovernmental status.
31
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1 (2) The guiding principles for Florida's new education
2 governance are:
3 (a) A coordinated, seamless system for kindergarten
4 through graduate school education.
5 (b) A system that is student-centered in every facet.
6 (c) A system that maximizes education access and
7 provides the opportunity for a high-quality education academic
8 success for all Floridians.
9 (d) A system that safeguards equity and supports
10 academic excellence.
11 (e) A system that provides for local operational
12 flexibility while promoting accountability for student
13 achievement and improvement refuses to compromise academic
14 excellence.
15 Section 17. Section 229.003, Florida Statutes, is
16 amended to read:
17 229.003 Florida education governance reorganization.--
18 (1) Effective January 7, 2003, The Florida Board of
19 Education, created pursuant to s. 229.004, shall be
20 responsible for overseeing kindergarten through graduate
21 school education, in accordance with the implementation
22 process in s. 229.0072 and the policies and guiding principles
23 in s. 229.002 and the mission and goals of s. 229.007.
24 (2) Effective January 7, 2003, the Florida Board of
25 Education shall appoint the Commissioner of Education.
26 (2)(3) Effective January 7, 2003, There are is
27 established the following education governance officers in
28 addition to the Commissioner of Education and the Secretary of
29 the Florida Board of Education:
30 (a) A Chancellor of Public Schools, K-12 Education
31 appointed by the Commissioner of Education.
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1 (b) A Chancellor of Colleges and State Universities,
2 appointed by the Secretary of the Florida Board Commissioner
3 of Education.
4 (c) A Chancellor of Community Colleges and Career
5 Preparation, appointed by the Secretary of the Florida Board
6 Commissioner of Education.
7 (d) An Executive Director of Independent Nonpublic and
8 Nontraditional Education, appointed by the Commissioner of
9 Education.
10
11 Each chancellor and executive director shall be subject to
12 confirmation by the Florida Board of Education and shall serve
13 at the pleasure and under the authority of the Commissioner of
14 Education and the Secretary of the Florida Board of Education.
15 (3)(4) Effective July 1, 2000, The Governor shall
16 appoint a seven-member board of trustees for the Florida
17 Virtual On-Line High School, which shall be a body corporate
18 with all the powers of a body corporate.
19 (4)(5) Effective January 7, 2003, The Governor shall
20 appoint for each university in the State University System, an
21 11-member a nine-member board of trustees, with members
22 subject to confirmation by the Senate, trustees which shall be
23 a body corporate with all the powers of a body corporate. In
24 addition to the 11 members, each student body president shall
25 serve as an ex officio voting member of the board of trustees.
26 There shall be no state residency requirement for university
27 board members, but the Governor shall consider regional
28 representatives, as appropriate All members of the board of
29 trustees of Florida Atlantic University must reside within the
30 service area of the university; three must be residents of
31 Broward County, three must be residents of Palm Beach County,
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1 and three may be residents of any county within the service
2 area. Each appointee is subject to confirmation by the Senate
3 in the regular legislative session immediately following his
4 or her appointment.
5 (5) Effective July 1, 2001:
6 (a) The Board of Regents created in s. 240.205 is
7 abolished.
8 (b) All of the powers, duties, functions, records,
9 personnel, and property; unexpended balances of
10 appropriations, allocations, and other funds; administrative
11 authority; administrative rules; pending issues; and existing
12 contracts of the Board of Regents are transferred by a type
13 two transfer, pursuant to s. 20.06(2), to the Florida Board of
14 Education to be administered by the Secretary of the Florida
15 Board of Education.
16 (c) The State Board of Community Colleges is
17 abolished.
18 (d) All of the powers, duties, functions, records,
19 personnel, and property; unexpended balances of
20 appropriations, allocations, and other funds; administrative
21 authority; administrative rules; pending issues; and existing
22 contracts of the State Board of Community Colleges are
23 transferred by a type two transfer, pursuant to s. 20.06(2),
24 from the Department of Education to the Florida Board of
25 Education to be administered by the Secretary of the Florida
26 Board of Education.
27 (e) The Postsecondary Education Planning Commission is
28 abolished.
29 (f) The Education K-20 Policy and Research Council is
30 created and assigned for administrative purposes to the
31 Department of Education.
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1 (g) All personnel, unexpended balances of
2 appropriations, and allocations of the Postsecondary Education
3 Planning Commission are transferred to the Education K-20
4 Policy and Research Council.
5 (h) The Articulation Coordinating Committee and the
6 Education Standards Commission are transferred by a type two
7 transfer, pursuant to s. 20.06(2), from the Department of
8 Education to the Florida Board of Education.
9 (i) Notwithstanding the provisions of s. 20.15, the
10 Commissioner of Education and the Secretary of the Florida
11 Board of Education, in partnership, shall commence the
12 reorganization of the Department of Education in accordance
13 with s. 229.0073, which shall include an Office of the
14 Commissioner of Education comprised of the general areas of
15 operation that are common to all delivery sectors and, in
16 addition, shall include:
17 1. The creation of an Office of Technology and
18 Information Services, an Office of Workforce and Economic
19 Development, and an Office of Educational Facilities.
20 2. The creation of a Division of Colleges and
21 Universities.
22 3. The creation of a Division of Community Colleges.
23 4. The creation of a Division of Public Schools.
24 5. The creation of a Division of Independent
25 Education.
26 6. The merger of the powers, duties, and staffs of the
27 State Board of Independent Colleges and Universities and the
28 State Board of Nonpublic Career Education, except as relating
29 to any independent nonprofit college or university which is
30 located in and chartered by the state, is accredited by the
31 Commission on Colleges of the Southern Association of Colleges
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1 and Schools, and grants baccalaureate degrees, into a single
2 Commission for Independent Education administratively housed
3 within the Division of Independent Education.
4 (6) Effective January 7, 2003, the powers and duties
5 of the following entities are relocated to the Florida Board
6 of Education, which shall retain all related funding and
7 budget authority for purposes of a single, seamless
8 kindergarten through graduate school education system and
9 single or coordinated budget and may retain or redistribute
10 the powers and duties of each entity in accordance with the
11 policies and guiding principles of s. 229.002, and the
12 entities shall cease to exist:
13 (a) The Board of Regents.
14 (b) The State Board of Community Colleges.
15 (c) The State Board of Independent Colleges and
16 Universities.
17 (d) The State Board of Nonpublic Career Education.
18 (e) The Division of Workforce Development of the
19 Department of Education.
20 (f) The Postsecondary Education Planning Commission.
21 (g) The Articulation Coordination Committee.
22 (h) The Division of Human Resource Development of the
23 Department of Education.
24 (i) The Division of Support Services of the Department
25 of Education.
26 (j) The Division of Administration of the Department
27 of Education.
28 (k) The Division of Financial Services of the
29 Department of Education.
30 (l) The Division of Technology of the Department of
31 Education.
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1 (m) The Office of Student Financial Assistance of the
2 Department of Education.
3 (n) The Division of Universities of the Department of
4 Education.
5 (o) The Division of Community Colleges of the
6 Department of Education.
7 Section 18. Section 229.0031, Florida Statutes, is
8 created to read:
9 229.0031 Education K-20 Policy and Research
10 Council.--Effective July 1, 2001, the Education K-20 Policy
11 and Research Council is created and assigned to the Department
12 of Education. The council shall be administratively housed
13 within the Office of the Commissioner of Education, but it
14 shall independently exercise the responsibilities assigned to
15 it in this section or delegated by the Florida Board of
16 Education. The council shall serve as an advisory body to the
17 Florida Board of Education, the Legislature, and other
18 appropriate state agencies and entities on all matters
19 relating to education in this state. In addition, the
20 Council's reports and recommendations shall be made available
21 to the Legislature, the Florida Board of Education, and other
22 appropriate government and educational agencies and entities.
23 (1)(a) The council shall be composed of 11 members of
24 the general public and 1 full-time student representing the
25 education system of the state. Each member shall be appointed
26 by the Governor, approved by three members of the Florida
27 Board of Education, and confirmed by the Senate. Members shall
28 be appointed to serve staggered 4-year terms, except for the
29 full-time student member, who shall serve for 1 year; however,
30 of the initial nonstudent appointees, two shall be appointed
31 for 1-year terms, three shall be appointed for 2-year terms,
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1 three shall be appointed for 3-year terms, and three shall be
2 appointed for 4-year terms. The student member shall be
3 selected annually with the qualification that he or she be a
4 registered full-time student at any of this state's
5 educational institutions as defined in chapters 228 and 229
6 relating to public and nonpublic schools, in chapter 230
7 relating to public community colleges and universities, or in
8 chapter 246 relating to nonpublic colleges, universities, and
9 vocational schools. The members of the council shall elect a
10 chair annually. The Governor shall, subject to approval and
11 confirmation, fill all vacancies that occur on the council.
12 (b) The council shall meet as often as it considers
13 necessary to carry out its duties and responsibilities.
14 (c) Members shall be paid travel and per diem expenses
15 as provided in s. 112.061 while performing their duties under
16 this section.
17 (2) The council shall appoint an executive director,
18 who shall serve at the pleasure of the council and shall
19 perform the duties assigned to him or her by the council. The
20 executive director is the chief administrative officer of the
21 council and shall appoint all employees and staff members of
22 the council, who shall serve under the executive director's
23 direction and control.
24 (3) The council shall:
25 (a) Serve as a citizen board to provide independent
26 policy analyses and recommendations to the Florida Board of
27 Education, the Commissioner of Education, the Governor, and
28 the Legislature to ensure a seamless educational system in
29 this state.
30
31
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1 (b) Assist the Florida Board of Education in the
2 conduct of its educational responsibilities in such capacities
3 as the state board considers appropriate.
4 (c) Prepare and submit to the Florida Board of
5 Education a long-range master plan for education. The plan
6 must include consideration of the promotion of quality,
7 fundamental educational goals, programmatic access, needs for
8 remedial education, regional and state economic development,
9 international education programs, demographic patterns,
10 student demand for programs, needs of particular subgroups of
11 the population, implementation of innovative educational
12 techniques and technology, and the requirements of the labor
13 market. The capacity of existing programs, in public and
14 independent institutions, to respond to identified needs must
15 be evaluated, and a plan must be developed to respond
16 efficiently to unmet needs.
17 (d) Update the state master plan for education every 5
18 years.
19 (e) Review implementation of the state master plan and
20 annually report to the Florida Board of Education and the
21 Legislature the progress toward implementation.
22 (f) Explore emerging educational issues.
23 (g) Identify successful and innovative educational
24 programs.
25 (h) On its own initiative or in response to the
26 Governor, the Legislature, the Florida Board of Education, or
27 the Commissioner of Education, issue reports and
28 recommendations on matters relating to any education sector.
29 (i) Recommend goals for the overall improvement of
30 education in this state.
31
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1 (j) Recommend to the Florida Board of Education rules
2 concerning the planning and coordination of educational
3 programs.
4 (k) By January 1, 2003, and on a 3-year cycle
5 thereafter, review and make recommendations to the Legislature
6 regarding the activities of research centers and institutes
7 supported with state funds to assess the return on the state's
8 investment in research conducted by public postsecondary
9 education institutions, in coordination with the Leadership
10 Board for Applied Research and Public Service, created
11 pursuant to s. 240.706.
12 Section 19. 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
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1 compliance with the education policies established by the
2 Legislature. The board, its secretary, and the commissioner,
3 in partnership, shall establish, operate, and maintain optimal
4 efficiency of an Office of the Commissioner of Education,
5 pursuant to s. 229.0061(2)(c) Board 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) Issue guidelines for the development of legislative
17 budget requests for operations and fixed capital outlay for
18 the coordinated K-20 system.
19 (e)(d) Recommend one budget or a coordinated budget
20 and long-range program plans based on consistent policies for
21 a seamless kindergarten through graduate school education.
22 (f)(e) Adopt cohesive rules governing systemwide
23 access to educational opportunities, within statutory
24 authority, for education systemwide issues and ensure that
25 rules adopted for the various education delivery systems are
26 compatible.
27 (g)(f) Ensure articulation and coordination within and
28 across the entire education delivery system.
29 (h)(g) Provide ongoing public information regarding
30 performance results for the entire kindergarten through
31 graduate school education system and each of its components.
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1 (4) The board, with the Commissioner of Education,
2 shall be responsible for:
3 (a) The work of with the Chancellor of Public Schools
4 K-12 Education to establish, and maintain optimal efficiency
5 of, a Division an Office of Public Schools, within the
6 guidelines of ss. 229.0061 and 229.0073, and to achieve the
7 mission and goals of s. 229.007 K-12 Education.
8 (b) The work of with the Chancellor of Colleges and
9 State Universities to establish, and maintain optimal
10 efficiency of, a Division an Office of Colleges and State
11 Universities, within the guidelines of ss. 229.0061 and
12 229.0073, and to achieve the mission and goals of s. 229.007.
13 (c) The work of with the Chancellor of Community
14 Colleges and Career Preparation to establish, and maintain
15 optimal efficiency of, a Division an Office of Community
16 Colleges and Career Preparation, within the guidelines of ss.
17 229.0061 and 229.0073, and to achieve the mission and goals of
18 s. 229.007.
19 (d) The work of with the Executive Director of
20 Independent Nonpublic and Nontraditional Education to
21 establish, and maintain optimal efficiency of, a Division an
22 Office of Independent Nonpublic and Nontraditional Education,
23 within the guidelines of ss. 229.0061 and 229.0073, and to
24 achieve the mission and goals of s. 229.007 Services.
25 Section 20. Section 229.005, Florida Statutes, is
26 amended to read:
27 229.005 Florida education governance officers.--
28 (1) COMMISSIONER OF EDUCATION.--The Commissioner of
29 Education shall work with the Florida Board of Education, and
30 its secretary, to ensure that all education governance
31 officers focus be appointed by the Board of Education from
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1 candidates of national caliber and respected and proven
2 organizational leadership with established experience in
3 administering broad-based policy. The commissioner shall be a
4 person who is eminently capable of focusing the entire
5 kindergarten through graduate school education system on
6 accomplishing to accomplish the policies and guiding
7 principles of s. 229.002 and achieving the mission and goals
8 of s. 229.007. The commissioner shall have the ability to
9 successfully provide education policy and planning direction,
10 program development, performance management, and funding
11 allocation recommendations across the spectrum of kindergarten
12 through graduate school education. The commissioner shall
13 serve as chief executive officer of the seamless K-20
14 education system; however, for the period from July 1, 2001,
15 until January 7, 2003, the commissioner shall continue to be
16 primarily responsible for K-12 policies and issues., and the
17 ability to achieve and safeguard the will of the people of
18 Florida as expressed in s. 1, Art. IX of the Florida
19 Constitution, that "adequate provision shall be made by law
20 for a uniform, efficient, safe, secure, and high quality
21 system of free public schools that allows students to obtain a
22 high quality education and for the establishment, maintenance,
23 and operation of institutions of higher learning and other
24 public education programs that the needs of the people may
25 require."
26 (2) CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The
27 Chancellor of Public Schools K-12 Education shall be appointed
28 by the Commissioner of Education, subject to confirmation by
29 the Florida Board of Education, based on his or her ability to
30 work as a division vice president of the seamless K-20
31 education system with the Florida Board of Education and the
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1 other education governance officers to comply with the
2 policies and guiding principles of s. 229.002, to achieve the
3 mission and goals of s. 229.007, to enhance the quality of
4 public K-12 education in Florida, and to maximize the equity
5 of public K-12 education in Florida by moving the focus to the
6 school site and the individual student., and to achieve and
7 safeguard the will of the people of Florida as expressed in s.
8 1, Art. IX of the Florida Constitution, that "adequate
9 provision shall be made by law for a uniform, efficient, safe,
10 secure, and high quality system of free public schools that
11 allows students to obtain a high quality education. . . ."
12 (3) CHANCELLOR OF COLLEGES AND STATE
13 UNIVERSITIES.--The Chancellor of Colleges and State
14 Universities shall be appointed by the Secretary of the
15 Florida Board of Education, subject to confirmation by the
16 Florida Board of Education, Commissioner of Education based on
17 his or her ability to work as a division vice president of the
18 seamless K-20 education system with the Florida Board of
19 Education and the other education governance officers to
20 comply with the policies and guiding principles of s. 229.002,
21 to achieve the mission and goals of s. 229.007, to enhance the
22 national reputation and quality of education and educational
23 research in Florida's colleges and state universities, and to
24 work directly with each of the college and state university
25 presidents and boards of trustees in focusing on the education
26 and educational research needs of the individual college or
27 university and its students.
28 (4) CHANCELLOR OF COMMUNITY COLLEGES AND CAREER
29 PREPARATION.--The Chancellor of Community Colleges and Career
30 Preparation shall be appointed by the Secretary of the Florida
31 Board of Education, subject to confirmation by the Florida
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1 Board of Education, Commissioner of Education based on his or
2 her ability to work as a division vice president of the
3 seamless K-20 education system with the Florida Board of
4 Education and the other education governance officers to
5 comply with the policies and guiding principles of s. 229.002,
6 to achieve the mission and goals of s. 229.007, to enhance the
7 quality of education in Florida's community colleges, and to
8 work directly with each of the community college presidents
9 and boards of trustees in focusing on the education needs of
10 the communities and students they serve.
11 (5) EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND
12 NONTRADITIONAL EDUCATION.--The Executive Director of
13 Independent Nonpublic and Nontraditional Education shall be
14 appointed by the Commissioner of Education, subject to
15 confirmation by the Florida Board of Education, based on his
16 or her ability to work as a division vice president of the
17 seamless K-20 education system with the Florida Board of
18 Education and the other education governance officers to
19 comply with the policies and guiding principles of s. 229.002,
20 to protect the independence, autonomy, and nongovermental
21 status of independent education in Florida, to enhance the
22 quality and expand the offerings and innovations of
23 independent nonpublic and nontraditional education in Florida,
24 to establish partnerships with independent nonpublic education
25 providers at all levels to achieve these goals, and to work
26 directly with the Board of Trustees of the Florida Virtual
27 On-Line High School and with Florida's private school
28 associations, home education associations, independent
29 nonpublic career education institutions, and independent
30 colleges and universities to maximize educational choice and
31
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1 enhance the options, educational alternatives, and
2 student-focused delivery for their students.
3 Section 21. Subsections (1), (4), (5), (6), and (7) of
4 section 229.006, Florida Statutes, are amended to read:
5 229.006 Education Governance Reorganization Transition
6 Task Force.--
7 (1) In order to accomplish a smooth transition on
8 January 7, 2003, from the elected State Board of Education to
9 the appointed Florida Board of Education, there shall be
10 established the Education Governance Reorganization Transition
11 Task Force. All members of the task force shall be appointed
12 as soon as feasible but not later than October 1, 2000. The
13 task force shall be comprised of:
14 (a) Five members appointed by the Governor;
15 (b) Three members appointed by the President of the
16 Senate; and
17 (c) Three members appointed by the Speaker of the
18 House of Representatives.
19
20 The transition task force shall be charged with the duty to
21 identify issues, conduct research, develop the necessary
22 procedural and substantive framework, and make recommendations
23 to the Legislature for an orderly 3-year phase-in for a
24 seamless education continuum and a single or coordinated
25 kindergarten through graduate school budget in accordance with
26 the policies and guiding principles of s. 229.002, so that the
27 Florida Board of Education may immediately begin its work on
28 January 7, 2003, with maximum effectiveness.
29 (4) Upon completion of its recommendations to the
30 Legislature by March 1, 2001, the transition task force shall
31 redirect its focus to provide guidance and monitoring of the
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1 implementation process pursuant to s. 229.0072 as recommended
2 by the task force, and to regularly report to the Governor,
3 the Legislature, the Commissioner of Education, Secretary of
4 the Florida Board of Education, and the public on the progress
5 of the reorganization implementation process. If any
6 implementation activity is determined by a majority vote of
7 the task force to be inconsistent with the intent of this act,
8 the chair of the task force shall report such activity
9 directly to the State Board of Education. The reporting of
10 such activity shall automatically suspend any action relating
11 to the disputed activity. The State Board of Education shall
12 act to resolve the dispute. recommend to the Legislature:
13 (a) How best to achieve education system integration
14 by:
15 1. Combining appropriate education functions and
16 policies into or under the new Florida Board of Education.
17 2. Devolving the education delivery services and
18 operational decisions to the appropriate location of delivery
19 to students, specifically the schools, community colleges,
20 colleges, universities, area technical centers, and other
21 education institutions or places where the students receive
22 their education.
23 3. Providing for a single or coordinated kindergarten
24 through graduate school education budget.
25 (b) How best to achieve economies in education
26 services, including recommendations concerning consolidation
27 of information systems and integrated performance and
28 financial accounting systems, while maximizing effectiveness
29 within existing resources and staff.
30
31
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1 (c)1. Which, if any, current education staff functions
2 and resources should be eliminated, transferred, or realigned
3 within the proposed new education organizational structure.
4 2. A recommended salary structure for the Commissioner
5 of Education and for the chancellors.
6 (d) Whether an Office of Policy Research should be
7 established to explore emerging issues, locate successful and
8 innovative educational programs, and make recommendations to
9 the Governor, the Florida Board of Education, and the
10 Legislature and, if so, its mission, staffing, and location.
11 (e) The optimal mission of the Florida On-Line High
12 School and a methodology for the operation and funding of the
13 school to achieve that mission.
14 (f) The optimal location and structure of the Florida
15 Partnership for School Readiness.
16 (5) By March 1, 2002, the transition task force shall
17 recommend to the Legislature:
18 (a) Standards, definitions, and guidelines for
19 universities, colleges, community colleges, schools, and other
20 education institutions to ensure the quality of education,
21 systemwide coordination, and efficient progress toward
22 attainment of their appropriate missions.
23 (b) Rules and procedures as necessary to be followed
24 by university boards of trustees, community college boards of
25 trustees, and other boards of trustees, as determined
26 appropriate, for recruitment and selection of presidents,
27 procedures for annual evaluations of presidents, and
28 procedures for interaction between presidents, the boards of
29 trustees, and the new Florida Board of Education.
30
31
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1 (c) A systemwide strategic plan for postsecondary
2 institutions that considers the role, in their respective
3 communities, of each of the institutions.
4 (d) Methodologies for degree program approval,
5 establishment of matriculation and tuition fees, and
6 coordination of colleges' and universities' budget requests.
7 (e) Any additional statutory changes needed during the
8 2002 legislative session to complete the education governance
9 reorganization transition.
10 (6) By March 1, 2003, the transition task force shall
11 recommend to the Legislature:
12 (a) Statutory changes necessary to accomplish the
13 policies and guiding principles of s. 229.002, including, but
14 not limited to, statutory changes necessitated by the repeal
15 and review provisions of subsection 3(8) of this act.
16 (b) Rulemaking authority for the new Florida Board of
17 Education and a plan and timetable for transition or
18 coordination of existing education sector agency rules and
19 rulemaking authority recommendations, if any, for education
20 agencies.
21 (c) Waiver authority, if any, for the Commissioner of
22 Education or the Florida Board of Education.
23 (5)(7) By March May 1, 2003, the transition task force
24 shall have completed its duties and shall make its final
25 report to the Governor, the Florida Board of Education, the
26 Commissioner of Education, the President of the Senate, the
27 Speaker of the House of Representatives, and the minority
28 leaders of each chamber. The final report shall include, but
29 is not limited to:
30
31
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1 (a) A summary of the work and recommendations of the
2 task force and the status of full implementation of the K-20
3 education system.
4 (b) The status of all pending and completed actions on
5 orders and rules, all enforcement matters, and all
6 delegations, interagency agreements, and contracts with
7 federal, state, regional, and local governments and private
8 entities.
9 (c) Identification of any remaining or potential
10 duplication in the administration of state education laws and
11 rules, with specific recommendations to eliminate such
12 duplication and promote more efficient administration.
13 Section 22. Section 229.0061, Florida Statutes, is
14 created to read:
15 229.0061 Florida's K-20 education system; guidelines
16 for implementation; guidelines for structure, functions, and
17 organization.--
18 (1) GUIDELINES FOR IMPLEMENTATION.--
19 (a) Florida's seamless K-20 education system shall be
20 a decentralized system in which as many commissions, boards,
21 councils, and excess layers of bureaucracy as possible are
22 eliminated.
23 (b) Florida's K-20 education system shall rely on a
24 single entity, the Florida Board of Education, as its single
25 strategic voice. If the board desires assistance on matters of
26 policy research or other issues, the board shall be authorized
27 to appoint a committee or committees to assist it on any and
28 all issues within the K-20 education system on an ad hoc
29 basis.
30 (c) Members of the Florida Board of Education shall
31 focus on high-level policy decisions.
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1 (d) It is essential to the success of Florida's
2 seamless K-20 education system to have a fully operational
3 systemwide technology plan based on a common set of data
4 definitions.
5 (2) GUIDELINES FOR STRUCTURE, FUNCTIONS, AND
6 ORGANIZATION.--
7 (a) Roles of the Legislature, the Florida Board of
8 Education, the education governance officers, the university
9 boards of trustees, and the institutional boards of trustees
10 and school boards.--The Legislature shall enact education laws
11 and policies and shall appropriate and allocate education
12 resources. The Florida Board of Education shall enforce all
13 laws, rules, and guidelines and shall timely provide
14 direction, resources, assistance, intervention when needed,
15 and strong incentives and disincentives to force
16 accountability for results. In terms of major areas of
17 responsibility, the Legislature, the Florida Board of
18 Education, the education governance officers, the university
19 boards of trustees, and the institutional boards of trustees
20 and school boards shall each perform essential constituent
21 roles.
22 (b) Florida Board of Education.--The Florida Board of
23 Education shall serve as the body corporate for Florida's
24 seamless K-20 education system; implement the systemwide
25 education vision; and, together with the commissioner,
26 Secretary of the Florida Board of Education, chancellors, and
27 executive director, oversee the success of that vision. The
28 Florida Board of Education shall:
29 1. Enforce systemwide education policies and goals.
30 2. Recommend annually the coordinated education budget
31 and authorize the allocation of resources in accordance with
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1 law and rule. Any program recommended by the Florida Board of
2 Education which requires state funding for more than 1 year
3 must be presented in a multi-year budget plan.
4 3. Adopt long-term and short-term education plans.
5 4. Enforce education accountability standards and
6 measures of all components of the K-20 education system.
7 5. Accurately and continuously assess data and monitor
8 and report performance.
9 6. Provide high-quality assistance and intervention
10 when and where needed.
11 7. Provide timely and accurate information on all
12 public and independent education services.
13 8. Establish the missions of the public colleges and
14 universities and community colleges.
15 9. Approve new degree programs above the master's
16 degree level.
17 10. Approve new undergraduate medical education
18 programs or colleges, new graduate medical education programs,
19 and Programs in Medical Sciences (PIMS) which are partnerships
20 between two or more public higher education institutions or
21 between public and private higher education institutions.
22 (c) Commissioner of Education.--The Commissioner of
23 Education shall serve as chief executive officer of Florida's
24 seamless K-20 education system. The commissioner shall propose
25 action on all issues that come before the board and be
26 responsible for enforcing compliance with the mission and
27 goals of the seamless K-20 education system by all education
28 delivery sectors. The commissioner's office shall operate all
29 statewide functions necessary to support the Florida Board of
30 Education and the seamless K-20 education system, including
31 the following areas:
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1 1. Legal.
2 2. Communications, including a Citizen Information
3 Center that provides quick response and uses customer-friendly
4 methods.
5 3. Strategic planning and budget development.
6 4. General administration.
7 5. Assessment and accountability.
8 6. Data management, education technology, and an
9 education data warehouse.
10 7. Access and opportunity, including student financial
11 assistance.
12 8. Policy research and development, except the
13 Education K-20 Policy and Research Council.
14 9. Florida Board of Education personnel.
15 10. Workforce and economic development.
16 11. Educational facilities.
17 12. Inspector General.
18 (d) Chancellors and executive director.--The
19 chancellors of the public schools, community colleges, and
20 colleges and universities divisions and the Executive Director
21 of the Division of Independent Education shall serve the
22 Florida Board of Education, the Secretary of the Florida Board
23 of Education, and the Commissioner of Education in the role of
24 division vice presidents of the K-20 education system and as
25 governance officers and critical members of the state-level
26 education leadership team. They shall each be held responsible
27 for providing leadership, administering programs, resolving
28 disputes, providing technical assistance, and timely
29 recommending action plans to the commissioner for sanctions or
30 intervention when needed, as well as making recommendations to
31 the board and the commissioner for strategic planning and
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1 budget development for their respective education delivery
2 sectors. They shall support the governing policies and
3 responsibilities of the board and the commissioner and bear
4 primary responsibility for the achievement of the mission and
5 goals of the K-20 education system by their education delivery
6 sectors, as applicable to their sectors. They shall reinforce
7 the policies and principles of the seamless K-20 education
8 system in every venue and at every opportunity, and work
9 together to facilitate horizontal communications and
10 interactions between the education delivery sectors.
11 Specifically, as applicable, each education governance officer
12 shall:
13 1. Serve as the head of the division.
14 2. Supervise all employees and work of the division.
15 3. Properly and timely inform education institutions
16 and the public as to legislative action, including funding,
17 grant opportunities, and substantive policy changes affecting
18 the division.
19 4. Direct the review of expenditures of public funds
20 in accordance with legislative intent.
21 5. Evaluate the performance of each education
22 institution under the division and report performance results
23 to the public, the Legislature, the Commissioner of Education,
24 the Florida Board of Education, and the institution and its
25 governing board.
26 6. Direct institutional governing boards to take
27 corrective action to improve unsatisfactory performance
28 pursuant to law and rules of the Florida Board of Education.
29 7. Direct and oversee the development of the
30 division's accountability system and recommend changes to the
31 Commissioner of Education and the Florida Board of Education.
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1 8. Direct the division's activities in order to
2 coordinate with other divisions to provide a seamless
3 education system.
4 9. Direct the provision of state services to
5 institutions under the division.
6 10. Direct the development of the division's
7 legislative budget request and work cooperatively with the
8 commissioner and other governance officers to develop a
9 coordinated budget request.
10 11. Serve as the primary point of contact and
11 communication for the division.
12 (e) Institutional boards of trustees and school
13 boards.--Each institutional board of trustees and school board
14 shall:
15 1. Provide strategic planning and budget development
16 for their institution or school district.
17 2. Implement and maintain high-quality education
18 programs within law and rules of the Florida Board of
19 Education.
20 3. Measure and enforce performance.
21 4. Provide timely and accurate reporting of
22 information.
23 5. Provide direct input on education issues to the
24 education governance officers.
25 6. Have broad latitude within law and rules of the
26 Florida Board of Education in developing local policies and
27 local programs to meet the needs of their students, their
28 communities, and area employers.
29 7. Hold presidents and appointed superintendents
30 responsible for institution and school performance.
31
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1 8. Be responsible for the fiscal accountability of
2 their institution or school district.
3 9. Be responsible for compliance with all laws, rules
4 of the Florida Board of Education, and performance
5 accountability requirements.
6 (f) Presidents and superintendents.--Each
7 institutional president and school district superintendent
8 shall:
9 1. Be responsible for efficient and effective budget
10 and program administration.
11 2. Provide strong leadership to accomplish their
12 education missions and goals.
13 3. Closely monitor education performance.
14 4. Provide timely and accurate financial and
15 performance data.
16 5. Link instructional staff evaluations to student
17 performance.
18 (g) Ad hoc advisory committees.--Advisory bodies shall
19 be appointed on an ad hoc basis by the Florida Board of
20 Education to serve the board, its secretary, the commissioner,
21 and chancellors when and as needed by studying and
22 recommending action on major issues that affect the direction
23 and quality of education, providing public forums for debate,
24 and safeguarding a coordinated systemwide approach to
25 education policy decisions.
26 Section 23. Section 229.007, Florida Statutes, is
27 created to read:
28 229.007 Florida's K-20 education performance
29 accountability system; legislative intent; mission, goals, and
30 systemwide measures.--
31
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1 (1) LEGISLATIVE INTENT.--It is the intent of the
2 Legislature that:
3 (a) The performance accountability system implemented
4 to assess the effectiveness of Florida's seamless K-20
5 education delivery system provide answers to the following
6 questions in relation to its mission and goals:
7 1. What is the public getting in return for funds it
8 invests in education?
9 2. How is Florida's K-20 education system performing
10 in terms of educating its students?
11 3. How are the major delivery sectors performing to
12 promote student achievement?
13 4. How are individual schools and postsecondary
14 education institutions performing their responsibility to
15 educate their students as measured by how students are
16 performing and how much they are learning?
17 (b) The Florida Board of Education recommend to the
18 Legislature systemwide performance standards; the Legislature
19 establish systemwide performance measures and standards; and
20 the systemwide measures and standards provide Floridians with
21 information on what the public is getting in return for the
22 funds it invests in education and how well the K-20 system
23 educates its students.
24 (c) The Florida Board of Education establish
25 performance measures and set performance standards for
26 individual components of the system, including individual
27 schools and postsecondary education institutions, which
28 measures and standards are based primarily on student
29 achievement.
30 (d) The Florida Board of Education shall work with the
31 chancellors and each delivery system to develop proposals for
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1 performance-based funding, using performance measures
2 established by the Legislature. The proposals must provide
3 that at least 10 percent of the state funds appropriated for
4 the K-20 education system are conditional upon meeting or
5 exceeding established performance standards. The boards must
6 submit the recommendations to the Legislature in the following
7 sequence:
8 1. By December 1, 2001, recommendations for state
9 universities and independent colleges eligible for the William
10 L. Boyd, IV, Florida Resident Access Grant, pursuant to s.
11 240.605, for consideration by the 2002 Legislature and
12 implementation in the 2002-2003 fiscal year.
13 2. By December 1, 2002, recommendations for public
14 schools, nonpublic schools that receive state funding and
15 workforce education, for consideration by the 2003 Legislature
16 and implementation in the 2003-2004 fiscal year.
17 3. By December 1, 2003, recommendations for community
18 colleges, for consideration by the 2004 Legislature and
19 implementation in the 2004-2005 fiscal year.
20 4. By December 1, 2004, recommendations for all other
21 programs that receive state funds within the Department of
22 Education.
23 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The
24 mission of Florida's K-20 education system, when it becomes
25 fully operational, shall be to increase the proficiency of all
26 students within one seamless, efficient system, by providing
27 them with the opportunity to expand their knowledge and skills
28 through learning opportunities and research valued by
29 students, parents, and communities, and to maintain an
30 accountability system that measures student progress toward
31 the following goals:
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1 (a) Highest student achievement, as measured by:
2 student FCAT performance and annual learning gains; the number
3 and percentage of schools that improve at least one school
4 performance grade designation or maintain a school performance
5 grade designation of "A" pursuant to s. 229.57; graduation or
6 completion rates at all learning levels; and other measures
7 identified in law or rule.
8 (b) Seamless articulation and maximum access, as
9 measured by: the percentage of students who demonstrate
10 readiness for the educational level they are entering, from
11 kindergarten through postsecondary education and into the
12 workforce; the number and percentage of students needing
13 remediation; the percentage of Floridians who complete
14 associate, baccalaureate, professional, and postgraduate
15 degrees; the number and percentage of credits that articulate;
16 the extent to which each set of exit-point requirements
17 matches the next set of entrance-point requirements; and other
18 measures identified in law or rule.
19 (c) Skilled workforce and economic development, as
20 measured by: the number and percentage of graduates employed
21 in their areas of preparation; the percentage of Floridians
22 with high school diplomas and postsecondary education
23 credentials; the percentage of business and community members
24 who find that Florida's graduates possess the skills they
25 need; and other measures identified in law or rule.
26 (d) Quality efficient services, as measured by: cost
27 per completer or graduate; average cost per noncompleter at
28 each educational level; cost disparity across institutions
29 offering the same degrees; the percentage of education
30 customers at each educational level who are satisfied with the
31
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1 education provided; and other measures identified in law or
2 rule.
3 Section 24. Section 229.0072, Florida Statutes, is
4 created to read:
5 229.0072 Reorganization implementation process.--In
6 order to best achieve the legislative purpose of the Florida
7 Education Governance Reorganization Implementation Act:
8 (1) The Governor shall appoint the members of the
9 boards of trustees of the state universities in accordance
10 with section 229.008, Florida Statutes.
11 (2) Effective July 1, 2001, the Governor shall appoint
12 a seven-member Florida Board of Education. The Florida Board
13 of Education shall be housed within, and operate under the
14 direction of, the State Board of Education. Appointees to the
15 board shall be residents of the State of Florida and are
16 subject to confirmation by the Senate.
17 (3) The Governor shall appoint a Secretary of the
18 Florida Board of Education who shall possess proven
19 organizational leadership and knowledge of broad-based
20 education policy. The secretary shall be confirmed by the
21 Senate during the 2002 regular legislative session, but may
22 perform all duties in the interim. The secretary shall serve
23 as the board's primary liaison with all entities involved in
24 the reorganization of education in Florida. The secretary
25 shall be responsible directly to the Florida Board of
26 Education and shall serve as staff to the board on all action
27 items relating to the reorganization. During the
28 implementation period, the secretary shall:
29 (a) Be responsible for proposing actions regarding all
30 education governance reorganization implementation issues.
31
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1 (b) Be responsible for integration of the Department
2 of Education as it is reorganized into an agency of the
3 Governor.
4 (c) Serve as Secretary of the Florida Board of
5 Education during the reorganization implementation period.
6 (d) Serve as the head of the K-20 education leadership
7 team during the reorganization implementation period.
8 (e) Be primarily responsible for higher education
9 policies and issues for the period from July 1, 2001, until
10 January 7, 2003.
11 (4) The Florida Board of Education shall establish a
12 detailed procedure for the implementation of a systemwide K-20
13 technology plan which includes a month-by-month timeline with
14 monthly progress reports to the board.
15 (5) Subject to review and approval of the State Board
16 of Education, the Florida Board of Education shall:
17 (a) Adopt rules pursuant to ss. 120.536(1) and 120.54
18 to implement provisions of law conferring duties upon it. The
19 rules shall be submitted to the State Board of Education. If
20 any rule is not disapproved by the State Board of Education
21 within 45 days after its receipt, the rule shall be filed
22 immediately with the Department of State.
23 (b) Prepare and submit a coordinated K-20 education
24 budget that clearly defines the individual needs of the four
25 divisions created within the Department of Education.
26 (c) Establish a work plan and timeline for the orderly
27 implementation of the transition, including a fully detailed
28 plan and timeline for the devolution of duties, as
29 appropriate, to the university boards of trustees.
30 (d) Establish accountability standards for existing
31 legislative performance goals, standards, and measures, and
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1 order the development of mechanisms to implement new
2 legislative goals, standards, and measures.
3 (e) Supervise the coordination of institutions and
4 delivery sectors.
5 (f) Establish policies for university and community
6 college boards of trustees to follow in selecting presidents.
7 (g) Approve plans and reports, and take other
8 necessary actions pertaining to the supervision of education.
9 (h) Effectuate the timely implementation of the
10 seamless K-20 education system.
11 (i) Establish advisory boards to provide the support
12 needed to address issues such as public education facilities
13 planning; student issues; instructional issues; distance
14 learning and technology; academic quality, freedom, and
15 responsibility; and research.
16 (j) Develop and review recommendations on issues of
17 statewide importance, such as technology systems and
18 facilities.
19 (k) Adopt criteria and implementation plans for future
20 growth issues, such as new colleges and universities and
21 campus mergers; and provide for cooperative agreements between
22 and within public and private education sectors.
23 (l) Advise the State Board of Education regarding the
24 issuance of bonds.
25 (m) Appoint advisory bodies, as necessary, on an ad
26 hoc basis.
27 (n) Develop and recommend to the Education Governance
28 Reorganization Transition Task Force, the Governor, the
29 Secretary of the Florida Board of Education, the Commissioner
30 of Education, and the Legislature, no later than January 1,
31 2002, for adoption during 2002, a clear, concise new School
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1 Code, comprised of the revision of chapters 228-246, Florida
2 Statutes, to accomplish the implementation, administration,
3 and operation of Florida's seamless K-20 education system in
4 accordance with the guidelines included in s. 229.0061.
5 (o) Serve as the successor for all collective
6 bargaining agreements currently in effect with the Board of
7 Regents.
8 (6) Effective July 1, 2001, the Commissioner of
9 Education shall:
10 (a) Work with the Florida Board of Education to
11 achieve full implementation of the seamless K-20 education
12 system.
13 (b) Commence reorganization of the Department of
14 Education as a state agency of the Governor in accordance with
15 legislative guidelines pursuant to s. 229.0073, the
16 requirements of s. 229.003(5), and requests of the Florida
17 Board of Education as approved by the State Board of
18 Education.
19 (c) As a member of the State Board of Education,
20 determine the agenda for the Florida Board of Education and
21 provide the Florida Board of Education and the State Board of
22 Education the full support of the reorganized Department of
23 Education.
24 Section 25. Section 229.0073, Florida Statutes, is
25 created to read:
26 229.0073 Reorganization of the Department of
27 Education.--Effective July 1, 2001, notwithstanding the
28 provisions of s. 20.15, the secretary's Education
29 Reorganization Advisory Workgroup is established to provide
30 oversight and direction for the reorganization of Florida's
31 K-20 Department of Education. The Secretary of the Florida
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1 Board of Education, the Commissioner of Education, the
2 Governor or his or her designee, the Chairman of the Education
3 Governance Reorganization Transition Task Force, the
4 Chancellor of Public Schools, the Executive Director of
5 Independent Education, the Chancellor of the Division of
6 Colleges and Universities, the Chancellor of the Division of
7 Community Colleges, a member of the Senate appointed by the
8 President, and a member of the House of Representatives
9 appointed by the Speaker shall serve on this workgroup. The
10 reorganization shall:
11 (1) Eliminate duplication across divisions; achieve
12 greater efficiencies in financial and human resources and
13 education services; and identify functions, resources, and
14 services that should be eliminated, transferred, or realigned.
15 (2) Include a review and assessment of all bureaus,
16 offices, divisions, and functions of the department
17 reorganized pursuant to this section.
18 (3) Establish an Office of the Commissioner of
19 Education that includes the general areas of operation that
20 are common to all delivery sectors, such as administration,
21 communication, legal services, financial aid, and government
22 and public relations, in order to increase efficiency, improve
23 service delivery to students, and fully support the
24 operational needs of the Florida Board of Education.
25 (4) Establish the following divisions within the
26 department:
27 (a) Division of Public Schools (K-12).--The state's
28 public elementary, middle, junior high, and high schools, as
29 well as combination schools, charter schools, district magnet
30 programs, and area technical centers.
31
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1 (b) Division of Community Colleges.--The state's 28
2 public community colleges.
3 (c) Division of Colleges and Universities.--The
4 state's public universities and colleges and the 4-year
5 independent colleges and universities which are located in and
6 chartered by the state, are accredited by the Commission on
7 Colleges of the Southern Association of Colleges and Schools,
8 and grant baccalaureate degrees, to enable more effective
9 articulation between these public and private institutions.
10 The division chancellor shall administer those provisions of
11 chapter 246 that apply to the independent colleges and
12 universities within the division and shall establish a liaison
13 responsible for partnerships that enhance articulation between
14 and communication with Florida's 4-year independent colleges
15 and universities.
16 (d) Division of Independent Education.--The
17 independent education providers within the state, including
18 home education programs that meet the requirements of s.
19 232.0201, private K-12 institutions as described in s.
20 229.808, independent colleges and universities, except those
21 identified under paragraph (c), and private postsecondary
22 career preparation and vocational training institutions.
23 1. The division shall be under an executive director
24 and shall house a new commission, appointed by the Governor,
25 to oversee licensing of independent postsecondary
26 institutions, consumer protection, and program improvement.
27 The commission shall have the powers and duties of the State
28 Board of Independent Colleges and Universities specified in
29 chapter 246, except the powers and duties relating to those
30 institutions identified under paragraph (c), and of the State
31 Board of Nonpublic Career Education.
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1 2. The division shall serve as the advocate for and
2 liaison to the independent education providers identified in
3 this paragraph.
4 3. The executive director of the division shall
5 establish a mechanism for regular interaction and input from
6 independent education providers in the development of policies
7 that provide seamless articulation for all students.
8 4. The division shall afford students and parents
9 educational options apart from the public K-20 system.
10 (5) Establish the following offices within the Office
11 of the Commissioner of Education which shall coordinate their
12 activities with all other divisions and offices:
13 (a) Office of Technology and Information Services.--In
14 conjunction with the chancellors of the divisions of public
15 schools, community colleges, and colleges and universities,
16 the office shall be responsible for developing a systemwide
17 technology plan, making budget recommendations to the
18 commissioner, providing data collection and management for the
19 system, and coordinating services with other state, local, and
20 private agencies. The office shall develop a method to address
21 the need for a statewide approach to planning and operations
22 of library and information services. The Florida Virtual High
23 School shall be administratively housed within the office.
24 (b) Office of Workforce and Economic Development.--The
25 office shall evaluate the role of each sector of education in
26 Florida's workforce and economic development, assess the
27 specific work skills and variety of careers provided, and
28 report to the Florida Board of Education the effectiveness of
29 each sector.
30 (c) Office of Educational Facilities and SMART Schools
31 Clearinghouse.--The office shall validate all educational
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1 plant surveys and verify Florida Inventory of School Houses
2 (FISH) data. The office shall provide technical assistance to
3 public school districts when requested. The office, staff,
4 property, and functions of the SMART Schools Clearinghouse are
5 transferred by a type two transfer, pursuant to s. 20.06(2),
6 from the Department of Management Services to the Office of
7 Educational Facilities and SMART Schools Clearinghouse within
8 the Office of the Commissioner of Education.
9 (d) Office of Student Financial Assistance.--The
10 office shall provide access to and administer state and
11 federal grants, scholarships, and loans to those students
12 seeking financial assistance for postsecondary study pursuant
13 to program criteria and eligibility requirements.
14 (6) Establish a K-20 education leadership team,
15 including, but not limited to, the Secretary of the Florida
16 Board of Education and the education governance officers. The
17 leadership team shall be responsible for systemwide horizontal
18 and vertical communication, and assisting the achievement of
19 the seamless K-20 education system.
20 Section 26. Section 229.0074, Florida Statutes, is
21 created to read:
22 229.0074 Division of Independent Education.--
23 (1) The mission of the Division of Independent
24 Education is to enhance the opportunity to raise the
25 educational attainment levels of students pursuing their
26 education in nongovernment settings by representing their
27 interests, and those of the institutions that serve them, in
28 the Department of Education. The Division of Independent
29 Education has no authority over the institutions or students
30 in Florida's independent education sector, other than those
31 specified in chapter 246 relating to independent postsecondary
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1 education. The division shall serve as the advocate for, and
2 liaison to, independent education providers and institutions,
3 including home education programs, private K-12 institutions,
4 independent colleges and universities except as otherwise
5 provided in s. 229.0073(4)(c), and private postsecondary
6 career preparation/vocational training institutions.
7 (2) The executive director of the division shall
8 establish a mechanism for regular interaction and input from
9 independent education providers in the development of policies
10 that provide seamless articulation for all students. The
11 executive director shall:
12 (a) Learn the interests and concerns of the students
13 and providers of independent education at all levels in order
14 to strongly represent them in the Department of Education.
15 (b) Articulate the interests and concerns of the
16 students and providers of independent education at all levels
17 in all relevant government settings, accurately reflecting the
18 consensus or differences in opinion among those represented.
19 (c) Participate with the other division heads in key
20 education decisionmaking processes.
21 (d) Monitor and participate in rulemaking and other
22 activities relevant to the interests of the independent
23 education sector.
24 (e) Serve as a key spokesperson for the independent
25 education sector.
26 (f) Advocate for any necessary educational services
27 and funds for independent education sector families and
28 schools.
29 (g) Establish a clearinghouse of information.
30
31
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1 (h) Foster a collaborative spirit and working
2 relationship among the institutions of the private and public
3 sectors.
4 (i) Identify and convey the best practices of the
5 independent education sector for the benefit of the other
6 education delivery sectors, and vice versa.
7 (j) Augment, where appropriate, the efforts of groups
8 representing the students and providers of independent
9 education to communicate their concerns to government.
10 (k) Facilitate the administration of education
11 services provided by the Department of Education to the
12 independent education sector, such as those relating to
13 teacher certification and background checks.
14 (l) Encourage student-centered funding and the
15 expansion of family choice in education.
16 (m) Develop and propose courses of action to the
17 representatives of the independent education sector.
18 (n) Communicate relevant decisions to the independent
19 education sector.
20 (o) Establish and oversee the division staff necessary
21 to carry out the division's functions in the most economical
22 and effective manner.
23 (p) Evaluate pending policies to ensure they do not
24 place unnecessary regulation or mandates on the independent
25 education community.
26 (3) The powers and duties of the State Board of
27 Independent Colleges and Universities and the State Board of
28 Nonpublic Career Education, except as relating to any
29 independent nonprofit college or university which is located
30 in and chartered by the state, is accredited by the Commission
31 on Colleges of the Southern Association of Colleges and
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1 Schools, and grants baccalaureate degrees, shall be combined
2 and transferred to a single board named the Commission for
3 Independent Education, which shall be administratively housed
4 within the division. This single board shall authorize
5 granting of certificates, diplomas, and degrees for
6 independent postsecondary education institutions through
7 exemption, registration authorization, and licensing.
8 (4) The Commission for Independent Education shall
9 consist of 10 citizens who are residents of this state, a
10 majority of whom represent independent postsecondary
11 educational institutions licensed, authorized, or exempt from
12 licensure by the Commission for Independent Education. Members
13 shall be selected from the state at large and shall be
14 appointed by the Governor and confirmed by the Senate. To be
15 consistent with an independent rulemaking commission, members,
16 except members appointed pursuant to paragraph (g), must be
17 employees, consultants, commission members, or trustees of an
18 independent postsecondary educational institution that is
19 licensed, authorized, or exempt from licensure by the
20 Commission for Independent Education and offers primarily
21 resident training. The commission shall consist of the
22 following members:
23 (a) One member from a college or university licensed
24 or exempt from licensure by the commission and accredited by a
25 regional accrediting agency.
26 (b) Two members from colleges or universities licensed
27 or exempt from licensure by the commission and accredited by a
28 national accrediting agency.
29 (c) One member from a college or university authorized
30 pursuant to s. 246.085(1)(b) or a college or university issued
31 an authorization pursuant to s. 246.084.
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1 (d) Two members from a school licensed by the
2 commission and accredited by a national accrediting agency.
3 (e) One member from a nonaccredited school that is
4 licensed by the commission.
5 (f) One member from a college or university licensed
6 or exempt from licensure by the commission, nationally or
7 regionally accredited, and offering programs at both the
8 degrees and nondegree levels.
9 (g) Two lay citizens of the state who are not
10 employees, consultants, commission members, or trustees of a
11 nonpublic postsecondary educational institution and who do not
12 derive any income from a nonpublic postsecondary educational
13 institution.
14
15 Accreditation of an institution under this subsection must be
16 institutional accreditation by a regional or national
17 accrediting agency recognized by the United States Department
18 of Education.
19 (5) The Governor shall appoint the new members of the
20 commission to 3-year terms; however, for the initial
21 appointment in 2001, four members shall be appointed for 3
22 years, three members for 2 years, and three members for 1
23 year. The Governor shall make the initial appointments no
24 later than July 1, 2001.
25 (6) The establishment of the Division of Independent
26 Education shall not be construed to advance the extension or
27 expansion of government regulation on independent or home
28 education programs.
29 Section 27. Section 229.008, Florida Statutes, is
30 created to read:
31
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1 229.008 Boards of trustees of the state
2 universities.--
3 (1)(a) Effective July 1, 2001, and no later than
4 November 1, 2001, the Governor shall appoint an 11-member
5 board of trustees for each university in the State University
6 System. The student body president shall serve as a voting
7 member of the 11-member board of his or her university. The
8 trustees shall be subject to confirmation by the Senate.
9 Members of the boards of trustees shall receive no
10 compensation but may be reimbursed for travel and per diem
11 expenses as provided in s. 112.061.
12 (b) The Governor may remove a trustee upon the
13 recommendation of the Florida Board of Education or for cause.
14 (2) There shall be no state residency requirements for
15 members of university boards of trustees. For regional
16 universities defined in rule as having a service area of more
17 than three counties, no county shall have a majority of board
18 members, and every county where the university has a physical
19 presence must be represented on the board.
20 (3) A board of trustees shall be a public body
21 corporate by the name of "The (name of university) Board of
22 Trustees," with all the powers of a body corporate, including
23 a corporate seal, the power to contract and be contracted
24 with, to sue and be sued, to plead and be impleaded in all
25 courts of law or equity, and to give and receive donations. In
26 all suits against a board of trustees, service of process
27 shall be made on the chair of the board or, in the absence of
28 the chair, on the corporate secretary or designee.
29 (4) Boards of trustees' members shall be appointed for
30 staggered 4-year terms, and may be reappointed for additional
31 terms not to exceed 8 years of service.
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1 (5) Each board of trustees shall select its chair and
2 vice chair from the appointed members at its first regular
3 meeting after July 1. The chair shall serve for 2 years and
4 may be reselected for one additional consecutive term. The
5 duties of the chair shall include presiding at all meetings of
6 the board, calling special meetings of the board, attesting to
7 actions of the board, and notifying the Governor in writing
8 whenever a board member fails to attend three consecutive
9 regular board meetings in any fiscal year, which failure may
10 be grounds for removal. The duty of the vice chair is to act
11 as chair during the absence or disability of the chair.
12 (6) The university president shall serve as executive
13 officer and corporate secretary of the board of trustees and
14 shall be responsible to the board for all operations of the
15 university and for setting the agenda for meetings of the
16 board in consultation with the chair.
17 (7) Upon appointment, each board of trustees shall
18 commence professional orientation, training, and board
19 development activities, and shall begin setting direction for
20 its university in keeping with accountability and performance
21 expectations of the seamless K-20 education system. In
22 preparation for the transition from operating as a state
23 agency to a body corporate employer without state agency
24 status on July 1, 2002, each board of trustees shall submit to
25 the Florida Board of Education action plans and timelines for
26 devolution of duties and responsibilities to the board of
27 trustees.
28 (8) The boards of trustees shall be responsible for
29 cost-effective policy decisions appropriate to the
30 university's mission, the implementation and maintenance of
31 high-quality education programs within law and rules of the
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1 Florida Board of Education, the measurement of performance,
2 the reporting of information, and the provision of input
3 regarding state policy, budgeting, and education standards.
4 Section 28. Section 229.0081, Florida Statutes, is
5 created to read:
6 229.0081 Powers and duties of university boards of
7 trustees.--
8 (1) Notwithstanding the provisions of chapter 240,
9 effective July 1, 2001, each university board of trustees is
10 vested with the authority to govern and set policy for its
11 university, as necessary to provide proper governance and
12 improvement of the university in accordance with law and with
13 rules of the Florida Board of Education. Each board of
14 trustees shall perform all duties assigned by law or by rule
15 of the Florida Board of Education or the Commissioner of
16 Education.
17 (2) Notwithstanding the provisions of chapter 240,
18 effective July 1, 2001, each university board of trustees may
19 adopt rules and policies consistent with the university
20 mission, with law, and with rule of the Florida Board of
21 Education, including rules and policies for the following:
22 (a) Selecting the president to serve at the pleasure
23 of the board and perform such duties as are assigned by the
24 board or otherwise provided by law or by rule.
25 (b) Fixing the compensation and other conditions of
26 employment of the president.
27 (c) Conducting periodic evaluations of the president,
28 submitting such evaluations to the Chancellor for review, and
29 suspending or removing the president in accordance with
30 guidelines established by the Chancellor.
31
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1 (d) Appointing a presidential search committee to make
2 recommendations to the full board of trustees, from which the
3 board shall select a candidate for reference to the Chancellor
4 and ratification by the Florida Board of Education.
5 (e) In consultation with the university president,
6 defining and developing a strategic plan for the university
7 for recommendation to the Chancellor, the Commissioner of
8 Education, and the Florida Board of Education, as provided by
9 law, specifying institutional goals and objectives.
10 (f) In consultation with the university president,
11 providing for academic freedom and academic responsibility at
12 the university.
13 (g) In consultation with the university president,
14 submitting an institutional budget request, including a
15 request for fixed capital outlay, to the Chancellor in
16 accordance with guidelines established by the Florida Board of
17 Education.
18 (h) Approving new, and terminating existing,
19 undergraduate and graduate degree programs up to and including
20 the master's degree level, based on criteria established by
21 the Florida Board of Education.
22 (i) Purchasing, acquiring, receiving, holding, owning,
23 managing, leasing, selling, disposing of, and conveying title
24 to real property, in accordance with rules and guidelines of
25 the Florida Board of Education.
26 (j) Entering into agreements for and accepting credit
27 card, charge card, and debit card payments as compensation for
28 goods, services, tuition, and fees.
29 (k) Establishing codes of conduct and appropriate
30 penalties for violations of university rules by students and
31
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1 student organizations, including rules governing student
2 academic honesty.
3 (l) Establishing a committee, at least one-half of the
4 members of which shall be students appointed by the student
5 body president, to periodically review and evaluate the
6 student judicial system.
7 (m) Establishing the personnel program for all
8 employees of the university in accordance with law, including:
9 compensation and other conditions of employment, recruitment
10 and selection, nonreappointment, standards for performance and
11 conduct, evaluation, benefits and hours of work, recognition,
12 inventions and works, travel, learning opportunities, academic
13 freedom and responsibility, promotion, assignment, demotion,
14 transfer, tenure and permanent status, ethical obligations and
15 conflicts of interest, restrictive covenants, disciplinary
16 actions, complaints, appeals and grievance procedures, and
17 separation and termination from employment.
18 (n) Establishing and maintaining a personnel exchange
19 program.
20 (o) Governing admission of students subject to the
21 rules of the Florida Board of Education.
22 (p) Considering the past actions of any person
23 applying for admission, enrollment, or employment, and
24 establishing policies to deny admission, enrollment, or
25 employment to an applicant because of misconduct if determined
26 to be in the best interest of the university.
27 (q) Ensuring compliance with federal laws,
28 regulations, and requirements.
29 (r) Using, maintaining, protecting, and controlling
30 university-owned or university-controlled buildings and
31 grounds, property and equipment, name, trademarks and other
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1 proprietary marks, and the financial and other resources of
2 the university. Such authority may include placing
3 restrictions on activities and on access to facilities,
4 firearms, food, tobacco, alcoholic beverages, distribution of
5 printed materials, human subjects, animals, and sound.
6 (s) Assuring that any challenge grant program, to be
7 matched with state funds, is consistent with the mission of
8 each institution, as approved by the Florida Board of
9 Education pursuant to s. 299.0061. The board of trustees must
10 also approve state matching funds for private contributions
11 consistent with that mission.
12 (t) Establishing a procurement program for the
13 purchase, lease, or acquisition in any manner (including
14 purchase by installment or lease-purchase contract which may
15 provide for the payment of interest on the unpaid portion of
16 the purchase price and for the granting of a security interest
17 in the items purchased) of goods, materials, equipment, and
18 services required by the university.
19 (u) Supervising faculty practice plans for the
20 academic health science centers.
21 (v) Establishing policies for the procurement and use
22 of information resources and technology, including but not
23 limited to, information systems, communications systems,
24 computer hardware and software, and networks.
25 (3) Each board of trustees shall actively implement a
26 plan, in accordance with guidelines of the Florida Board of
27 Education, for working on a regular basis with the other
28 university boards of trustees, representatives of the
29 community college boards of trustees, and representatives of
30 the district school boards, to achieve the goals of the
31 seamless education system.
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1 (4) Notwithstanding the provisions of s. 216.351(1), a
2 state university board of trustees may authorize the rent or
3 lease of parking facilities, provided that such facilities are
4 funded through parking fees or parking fines imposed by a
5 university. A board of trustees may authorize a university to
6 charge fees for parking at such rented or leased parking
7 facilities.
8 (5) Effective July 1, 2002, within proviso in the
9 General Appropriations Act and law, each board of trustees
10 shall set university matriculation fees, tuition, and other
11 fees. The matriculation fees and tuition level set by the
12 Board of Trustees shall vary from the standard tuition,
13 established in the annual General Appropriations Act, by no
14 more than 10 percent below or 15 percent above the standard.
15 (6) Effective July 1, 2002, each board of trustees
16 shall implement the university facilities plan in accordance
17 with law and guidelines of the Commissioner of Education's
18 Office of Educational Facilities and SMART Schools
19 Clearinghouse.
20 (7) A board of trustees shall perform such other
21 duties as are provided by law or rule of the Florida Board of
22 Education.
23 (8) Establish policies relating to credit and
24 noncredit educational offerings by the university, subject to
25 guidelines of the Florida Board of Education.
26 Section 29. Section 229.0082, Florida Statutes, is
27 created to read:
28 229.0082 University presidents; powers and
29 duties.--The president is the chief executive officer of the
30 university, shall be corporate secretary of the state
31 university board of trustees, and is responsible for the
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1 operation and administration of the university. Each
2 university president shall:
3 (1) Recommend the adoption of rules, as appropriate,
4 to the state university board of trustees to implement
5 provisions of law governing the operation and administration
6 of the university, which shall include the specific powers and
7 duties enumerated in this section. Such rules shall be
8 consistent with the mission of the university and the rules
9 and policies of the Florida Board of Education.
10 (2) Prepare a budget request and an operating budget
11 for approval by the university board of trustees.
12 (3) Establish and implement policies and procedures to
13 recruit, appoint, transfer, promote, compensate, evaluate,
14 reward, demote, discipline, and remove personnel, within law
15 and rules of the Florida Board of Education and in accordance
16 with rules or policies approved by the university board of
17 trustees.
18 (4) Govern admissions, subject to law and rules or
19 policies of the university board of trustees and the Florida
20 Board of Education.
21 (5) Approve, execute, and administer contracts for and
22 on behalf of the university board of trustees for the
23 acquisition of commodities, goods, equipment, services, leases
24 of real and personal property, and planning and construction
25 to be rendered to or by the university, provided such
26 contracts are within law and guidelines of the Florida Board
27 of Education and in conformance with policies of the
28 university board of trustees, and are for the implementation
29 of approved programs of the university.
30 (6) Act for the university board of trustees as
31 custodian of all university property. The authority vested in
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1 the university president under this subsection includes the
2 authority to prioritize the use of university space, property,
3 equipment, and resources and the authority to impose charges
4 for the use of those items.
5 (7) Establish the internal academic calendar of the
6 university within general guidelines of the Florida Board of
7 Education.
8 (8) Administer the university's program of
9 intercollegiate athletics.
10 (9) Recommend to the board of trustees the
11 establishment and termination of undergraduate and master's
12 level degree programs within the approved role and scope of
13 the university.
14 (10) Award degrees.
15 (11) Recommend to the board of trustees a schedule of
16 matriculation fees, tuition, and other fees to be charged by
17 the university, within law and rules of the Florida Board of
18 Education.
19 (12) Organize the university to efficiently and
20 effectively achieve the goals of the university.
21 (13) Review periodically the operations of the
22 university in order to determine how effectively and
23 efficiently the university is being administered and whether
24 it is meeting the goals of its strategic plan adopted by the
25 Florida Board of Education.
26 (14) Enter into agreements for student exchange
27 programs which involve students at the university and students
28 in other institutions of higher learning.
29 (15) Approve the internal procedures of student
30 government organizations and provide purchasing, contracting,
31 and budgetary review processes for these organizations.
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1 (16) Ensure compliance with federal and state laws,
2 regulations, and other requirements that are applicable to the
3 university.
4 (17) Maintain all data and information pertaining to
5 the operation of the university, and report on the attainment
6 by the university of institutional and statewide performance
7 accountability goals.
8 (18) Each university president has the authority to
9 adjust property records and dispose of state-owned tangible
10 personal property in the university's custody in accordance
11 with procedures established by the university board of
12 trustees. Notwithstanding the provisions of s. 273.055(5), all
13 moneys received from the disposition of state-owned tangible
14 personal property shall be retained by the university and
15 disbursed for the acquisition of tangible personal property
16 and for all necessary operating expenditures. The university
17 shall maintain records of the accounts into which such moneys
18 are deposited.
19 Section 30. (1) Notwithstanding any provision of law
20 to the contrary, effective July 1, 2001, the Florida
21 Partnership for School Readiness is transferred by a type two
22 transfer, pursuant to section 20.06(2), Florida Statutes, from
23 the Executive Office of the Governor to the Agency for
24 Workforce Innovation.
25 (2) Notwithstanding any provision of law to the
26 contrary, effective July 1, 2001, the child care executive
27 partnership program; the child care resource and referral
28 program; and the subsidized child care program including
29 statewide staff as referenced in the interagency agreement
30 between the Department of Children and Family Services and the
31 Florida Partnership for School Readiness signed on March 15,
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1 2001, shall be transferred by a type two transfer, pursuant to
2 section 20.06(2), Florida Statutes, to the Agency for
3 Workforce Innovation.
4 (3) Notwithstanding any provision of law to the
5 contrary, effective July 1, 2001, prekindergarten,migrant
6 prekindergarten, and Florida First Start programs including
7 statewide staff as referenced in the interagency agreement
8 between the Department of Education and the Florida
9 Partnership for School Readiness shall be transferred by a
10 type two transfer, pursuant to section 20.06(2), Florida
11 Statutes, to the Agency for Workforce Innovation.
12 (4) The Agency for Workforce Innovation shall prepare
13 a plan that provides for the distribution and expenditure of
14 all school readiness funds. The plan shall be submitted to
15 the Governor and the Legislative Budget Commission. Upon
16 approval, the Legislative Budget Commission shall authorize
17 the transfer of funds to the Agency for Workforce Innovation
18 for distribution in accordance with the provisions of the
19 School Readiness Act.
20 Section 31. Section 229.0084, Florida Statutes, is
21 created to read:
22 229.0084 Legislative findings and intent.--It is the
23 finding of the Legislature that student achievement, from
24 kindergarten through graduate school, is dependent upon a
25 number of factors, including the quality of schools, the
26 quality of instruction, and the personal efforts and
27 responsibilities of the students and their parents. Nothing
28 contained in Florida law shall make the state or local school
29 districts the guarantors that students will fully avail
30 themselves of the opportunities provided them to attain high
31 academic achievement.
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1 Section 32. Section 228.082, Florida Statutes, is
2 amended to read:
3 228.082 The Florida Virtual On-Line High School.--
4 (1)(a) The Florida Virtual On-Line High School is
5 established for the development and delivery of on-line and
6 distance learning education and shall be administratively
7 housed within the Commissioner of Education's Office of
8 Technology and Information Services. The Commissioner of
9 Education shall monitor the school's performance and report
10 its performance to the Florida Board of Education and the
11 Legislature.
12 (b) The mission of the Florida Virtual High School is
13 to provide students with high-quality technology-based
14 educational opportunities to gain the knowledge and skills
15 necessary to succeed in the 21st century. The school shall
16 serve any student in the state who meets the profile for
17 success in this educational delivery context and shall give
18 priority to:
19 1. Students who need expanded access to courses in
20 order to meet their educational goals, such as home education
21 students and students in inner-city and rural high schools who
22 do not have access to higher-level courses.
23 2. Students seeking accelerated access in order to
24 obtain a high school diploma at least one semester early.
25
26 The board of trustees of the Florida Virtual High School shall
27 identify appropriate performance measures and standards based
28 on student achievement that reflect the school's statutory
29 mission and priorities, and shall implement an accountability
30 system for the school that includes assessment of its
31 effectiveness and efficiency in providing quality services
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1 that encourage high student achievement, seamless
2 articulation, and maximum access.
3 (2) The Florida Virtual On-Line High School shall be
4 governed by a board of trustees comprised of seven members
5 appointed by the Governor to 4-year staggered terms, one of
6 whom shall be the current chair of the Florida High School
7 Advisory Board and one of whom shall be a representative of
8 the fiscal agent, and one of whom shall be the Chief
9 Information Officer or his designee from the State Technology
10 Office pursuant to ch. 2000-164, Laws of Florida. The board
11 shall be a public agency entitled to sovereign immunity
12 pursuant to s. 768.28, and board members shall be public
13 officers who shall bear fiduciary responsibility for the
14 Florida Virtual On-Line High School. The board of trustees
15 shall have the following powers and duties:
16 (a)1. The board of trustees shall meet within 30 days
17 of July 1, 2000, and shall continue to meet at least 4 times
18 each year, upon the call of the chair, or at the request of a
19 majority of the membership.
20 (b) Until not more than 60 days after the initial
21 meeting of the board, the current governance structure of the
22 Florida On-Line High School shall be maintained.
23 2.(c) The fiscal year for the Florida Virtual On-Line
24 High School shall be the state fiscal year as provided in s.
25 216.011(1)(n).
26 (b) The board of trustees shall be responsible for the
27 Florida Virtual High School's development of a
28 state-of-the-art technology-based education delivery system
29 that is cost-effective, educationally sound, marketable, and
30 capable of sustaining a self-sufficient delivery system
31 through the Florida Education Finance Program, by fiscal year
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1 2003-2004. Beginning in fiscal year 2002-2003, the school
2 shall collect FTE for home-schooled students.
3 (c)(d) The board of trustees shall aggressively seek
4 avenues to generate revenue to support its future endeavors,
5 and shall enter into agreements with distance learning
6 providers. The board of trustees and may acquire, enjoy, use,
7 and dispose of patents, copyrights, and trademarks and any
8 licenses and other rights or interests thereunder or therein.
9 Ownership of all such patents, copyrights, trademarks,
10 licenses, and rights or interests thereunder or therein shall
11 vest in the state, with the board having full right of use and
12 full right to retain the revenues derived therefrom. Any funds
13 realized from patents, copyrights, trademarks, or licenses
14 shall be used to support the school's research and development
15 activities in order to improve courseware and services to its
16 students.
17 (d)(e) The board of trustees shall annually prepare
18 and submit to the Florida Board of Education a legislative
19 budget request, including funding requests for computers for
20 public school students who do not have access to public school
21 computers, in accordance with chapter 216 and s. 235.41. The
22 legislative budget request of the Florida Virtual On-Line High
23 School shall be prepared using the same format, procedures,
24 and timelines required for the submission of the legislative
25 budget of the Department of Education.
26 (e)(f) In accordance with law and rules of the Florida
27 Board of Education, the board of trustees shall administer and
28 maintain personnel programs for all employees of the board of
29 trustees and the Florida Virtual On-Line High School. The
30 board of trustees may adopt rules, policies, and procedures
31
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1 related to the appointment, employment, and removal of
2 personnel.
3 1. The board of trustees shall determine the
4 compensation, including salaries and fringe benefits, and
5 other conditions of employment for such personnel.
6 2. The board of trustees may establish and maintain a
7 personnel loan or exchange program by which persons employed
8 by the board for the Florida Virtual On-Line High School as
9 academic administrative and instructional staff may be loaned
10 to, or exchanged with persons employed in like capacities by,
11 public agencies either within or without this state, or by
12 private industry. With respect to public agency employees, the
13 program authorized by this subparagraph shall be consistent
14 with the requirements of part II of chapter 112. The salary
15 and benefits of board personnel participating in the loan or
16 exchange program shall be continued during the period of time
17 they participate in a loan or exchange program, and such
18 personnel shall be deemed to have no break in creditable or
19 continuous service or employment during such time. The salary
20 and benefits of persons participating in the personnel loan or
21 exchange program who are employed by public agencies or
22 private industry shall be paid by the originating employers of
23 those participants, and such personnel shall be deemed to have
24 no break in creditable or continuous service or employment
25 during such time.
26 3. The employment of all Florida Virtual On-Line High
27 School academic administrative and instructional personnel
28 shall be subject to rejection for cause by the board of
29 trustees, and shall be subject to policies of the board of
30 trustees relative to certification, tenure, leaves of absence,
31 sabbaticals, remuneration, and such other conditions of
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1 employment as the board deems necessary and proper, not
2 inconsistent with law.
3 4. Each person employed by the board of trustees in an
4 academic administrative or instructional capacity with the
5 Florida Virtual On-Line High School shall be entitled to a
6 contract as provided by rules of the board.
7 5. All employees except temporary, seasonal, and
8 student employees may be state employees for the purpose of
9 being eligible to participate in the Florida Retirement System
10 and receive benefits. The classification and pay plan,
11 including terminal leave and other benefits, and any
12 amendments thereto, shall be subject to review and approval by
13 the Department of Management Services and the Executive Office
14 of the Governor prior to adoption. In the event that the board
15 of trustees assumes responsibility for governance pursuant to
16 this section before approval is obtained, employees shall be
17 compensated pursuant to the system in effect for the employees
18 of the fiscal agent.
19 (f)(g) The board of trustees shall establish
20 priorities for admission of students in accordance with
21 paragraph (1)(b).
22 (g)(h) The board of trustees shall establish and
23 distribute to all school districts and high schools in the
24 state procedures for enrollment of students into courses
25 offered by the Florida Virtual On-Line High School. Such
26 procedures shall be designed to minimize paperwork and fairly
27 resolve the issue of double funding students taking courses
28 online maximize participation by students.
29 (h)(i) The board of trustees shall annually submit to
30 the Florida Board Department of Education both forecasted and
31 actual enrollments for the Florida Virtual On-Line High
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1 School, according to procedures established by the Florida
2 Board Department of Education. At a minimum, such procedures
3 must include the number of public, private, and home school
4 students served by district.
5 (i)(j) The board of trustees shall provide for the
6 content and custody of student and employee personnel records.
7 Student records shall be subject to the provisions of s.
8 228.093. Employee records shall be subject to the provisions
9 of s. 231.291.
10 (j)(k) The financial records and accounts of the
11 Florida Virtual On-Line High School shall be maintained under
12 the direction of the board of trustees and under regulations
13 prescribed by the Florida State Board of Education for the
14 uniform system of financial records and accounts for the
15 schools of the state.
16
17 The Governor shall designate the initial chair of the board of
18 trustees to serve a term of 4 years. Members of the board of
19 trustees shall serve without compensation, but may be
20 reimbursed for per diem and travel expenses pursuant to s.
21 112.061. The board of trustees shall be a body corporate with
22 all the powers of a body corporate and such authority as is
23 needed for the proper operation and improvement of the Florida
24 Virtual On-Line High School. The board of trustees is
25 specifically authorized to adopt rules, policies, and
26 procedures, consistent with law and rules of the Florida Board
27 of Education related to governance, personnel, budget and
28 finance, administration, programs, curriculum and instruction,
29 travel and purchasing, technology, students, contracts and
30 grants, and property as necessary for optimal, efficient
31 operation of the Florida Virtual On-Line High School. Tangible
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1 personal property owned by the board of trustees shall be
2 subject to the provisions of chapter 273.
3 (3)(a) Until fiscal year 2003-2004, the Commissioner
4 of Education shall include the Florida Virtual On-Line High
5 School as a grant-in-aid appropriation in the department's
6 legislative budget request to the Florida State Board of
7 Education, the Governor, and the Legislature,.
8 (a) subject to any guidelines imposed in the General
9 Appropriations Act, funds for the operation of the Florida
10 On-Line High School shall be requested and appropriated within
11 the Department of Education as a grant-in-aid category until
12 such time as the Legislature authorizes a different funding
13 mechanism.
14 (b) The Orange County District School Board shall be
15 the temporary fiscal agent of the Florida Virtual On-Line High
16 School.
17 (c) Priorities for the delivery of services by the
18 Florida On-Line High School shall ensure that priority access
19 is provided equitably across the state.
20 (4) Under no circumstance may the credit of the state
21 be pledged on behalf of the Florida Virtual On-Line High
22 School.
23 (5) By January 1, 2001, The board of trustees shall
24 annually submit to the Governor, the Legislature, the
25 Commissioner of Education, and the Florida Board of Education
26 Reorganization Transition Commission a complete and detailed
27 report setting forth:
28 (a) The operations and accomplishments of the Florida
29 Virtual On-Line High School.
30 (b) The marketing and operational plan for the Florida
31 Virtual On-Line High School, including recommendations
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1 regarding methods for improving the delivery of education
2 through the Internet and other distance learning technology.
3 (c) The assets and liabilities of the Florida Virtual
4 On-Line High School at the end of the fiscal year.
5 (d) A copy of an annual financial and compliance audit
6 of the accounts and records of the Florida Virtual On-Line
7 High School, conducted by an independent certified public
8 accountant and performed in accordance with rules adopted by
9 the Auditor General.
10 (e) Recommendations regarding the unit cost of
11 providing services to students. In order to most effectively
12 develop public policy regarding any future funding of the
13 Florida Virtual On-Line High School, it is imperative that the
14 cost of the program is accurately identified. The identified
15 cost of the program must be based on reliable data and reflect
16 the costs associated with maintaining a state-of-the-art
17 on-line high school, including the costs associated with
18 maintaining a high-quality research and development effort to
19 locate and assimilate, or develop, Internet-based courses.
20 (f) Recommendations regarding an accountability
21 mechanism to assess the effectiveness of the services provided
22 by the Florida Virtual On-Line High School.
23 (6) The Auditor General may, pursuant to his or her
24 own authority, or at the direction of the Joint Legislative
25 Auditing Committee, conduct an audit of the Florida Virtual
26 On-Line High School.
27 (7) The Florida State Board of Education may adopt
28 rules it deems necessary to implement reporting requirements
29 for the Florida Virtual On-Line High School.
30 Section 33. The Department of Education shall maximize
31 the available federal indirect cost allowed on all federal
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1 grants. Effective with fiscal year 2001-2002, the Division of
2 Public Schools and the state's public colleges and
3 universities shall provide a report by December 15 of each
4 year to the Governor, the President of the Senate, and the
5 Speaker of the House of Representatives that addresses the
6 expenditures of the indirect overhead. The report shall be in
7 a format to support the legislative appropriations process
8 and, at a minimum, shall include expenditure summaries by
9 revenue source and specific purpose.
10 Section 34. Effective June 30, 2002, section 229.8065,
11 Florida Statutes, is repealed.
12 Section 35. Effective June 30, 2002, subsection (2) of
13 section 229.085, Florida Statutes, is amended to read:
14 229.085 Custody of educational funds.--
15 (2) There is created in the Department of Education
16 the Projects, Contracts, and Grants Trust Fund. If, in
17 executing the terms of such grants or contracts for specific
18 projects, the employment of personnel shall be required, such
19 personnel shall not be subject to the requirements of s.
20 216.262(1)(a). The personnel employed to plan and administer
21 such projects shall be considered in time-limited employment
22 not to exceed the duration of the grant or until completion of
23 the project, whichever first occurs. Such employees shall not
24 acquire retention rights under the Career Service System, the
25 provisions of s. 110.051(1) to the contrary notwithstanding.
26 Any employee holding permanent career service status in a
27 Department of Education position who is appointed to a
28 position under the Projects, Contracts, and Grants Trust Fund
29 shall retain such permanent status in the career service
30 position.
31
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1 Section 36. Subsections (2), (4), and (5), paragraphs
2 (b), (c), and (d) of subsection (1), and paragraphs (a), (c),
3 (d), and (e) of subsection (3) of section 235.217, Florida
4 Statutes, are repealed.
5 Section 37. Sections 240.145, 240.147, 240.205,
6 240.227, 240.307, subsection (2) of section 240.209, and
7 subsection (4) of section 240.311, Florida Statutes, are
8 repealed.
9 Section 38. Except as otherwise provided in this act,
10 this act shall take effect upon becoming a law.
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