Senate Bill sb2388c1
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Florida Senate - 2004 CS for SB 2388
By the Committee on Education; and Senator Pruitt
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1 A bill to be entitled
2 An act relating to baccalaureate degree
3 programs at community colleges; amending s.
4 1000.21, F.S.; redesignating specified
5 community colleges to conform to changes made
6 by the act; amending s. 1001.64, F.S.;
7 providing requirements for the board of
8 trustees of a community college authorized to
9 grant baccalaureate degrees; authorizing the
10 establishment of tuition and out-of-state fees;
11 amending s. 1004.65, F.S.; prohibiting a
12 community college from terminating associate
13 degree programs as a result of offering
14 baccalaureate programs; amending s. 1007.33,
15 F.S.; revising requirements for a proposal by a
16 community college to deliver a baccalaureate
17 degree program; requiring the State Board of
18 Education to assess proposals; requiring a
19 joint letter of agreement to implement a
20 proposed program; requiring the State Board of
21 Education to adopt policies and requirements
22 concerning reporting and performance
23 accountability for upper-division and
24 lower-division programs; prohibiting a
25 community college from offering graduate
26 programs; amending s. 1009.23, F.S.; providing
27 requirements for upper-division tuition and
28 fees; amending s. 1011.83, F.S.; providing for
29 funding a community college authorized to grant
30 baccalaureate degrees; amending s. 1013.60,
31 F.S.; revising requirements for the legislative
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1 capital outlay budget request submitted by the
2 Commissioner of Education; providing for
3 recommendations for the expenditure of funds
4 for facilities for baccalaureate degree
5 programs at community colleges; amending ss.
6 288.8175, 1002.35, and 1004.76, F.S.;
7 conforming terminology; providing an effective
8 date.
9
10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Paragraphs (d), (o), and (q) of subsection
13 (3) of section 1000.21, Florida Statutes, are amended to read:
14 1000.21 Systemwide definitions.--As used in the
15 Florida K-20 Education Code:
16 (3) "Community college," except as otherwise
17 specifically provided, includes the following institutions and
18 any branch campuses, centers, or other affiliates of the
19 institution:
20 (d) Chipola Junior College.
21 (o) Miami Dade Miami-Dade Community College.
22 (q) Okaloosa-Walton Community College.
23 Section 2. Subsections (1), (2), and (8) of section
24 1001.64, Florida Statutes, are amended to read:
25 1001.64 Community college boards of trustees; powers
26 and duties.--
27 (1) The boards of trustees shall be responsible for
28 cost-effective policy decisions appropriate to the community
29 college's mission, the implementation and maintenance of
30 high-quality education programs within law and rules of the
31 State Board of Education, the measurement of performance, the
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1 reporting of information, and the provision of input regarding
2 state policy, budgeting, and education standards. Community
3 colleges may grant baccalaureate degrees pursuant to s.
4 1007.33 and shall remain under the authority of the State
5 Board of Education for planning, coordination, oversight,
6 budget, and accountability responsibilities.
7 (2) Each board of trustees is vested with the
8 responsibility to govern its respective community college and
9 with such necessary authority as is needed for the proper
10 operation and improvement thereof in accordance with rules of
11 the State Board of Education. This authority includes serving
12 as the governing board for purposes of granting baccalaureate
13 degrees as authorized pursuant to s. 1007.33 and approved by
14 the State Board of Education.
15 (8) Each board of trustees has authority for policies
16 related to students, enrollment of students, student records,
17 student activities, financial assistance, and other student
18 services.
19 (a) Each board of trustees shall govern admission of
20 students pursuant to s. 1007.263 and rules of the State Board
21 of Education. A board of trustees may establish additional
22 admissions criteria, which shall be included in the district
23 interinstitutional articulation agreement developed according
24 to s. 1007.235, to ensure student readiness for postsecondary
25 instruction. Each board of trustees may consider the past
26 actions of any person applying for admission or enrollment and
27 may deny admission or enrollment to an applicant because of
28 misconduct if determined to be in the best interest of the
29 community college.
30 (b) Each board of trustees shall adopt rules
31 establishing student performance standards for the award of
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1 degrees and certificates pursuant to s. 1004.68. The board of
2 trustees of a community college authorized to grant a
3 baccalaureate degree pursuant to s. 1007.33 may continue to
4 award degrees, diplomas, and certificates as authorized for
5 the college, and in the name of the college, until the college
6 receives any necessary changes to its accreditation.
7 (c) Each board of trustees shall establish tuition and
8 out-of-state fees for approved baccalaureate degree programs,
9 consistent with law and proviso in the General Appropriations
10 Act.
11 (d)(c) Boards of trustees are authorized to establish
12 intrainstitutional and interinstitutional programs to maximize
13 articulation pursuant to s. 1007.22.
14 (e)(d) Boards of trustees shall identify their core
15 curricula, which shall include courses required by the State
16 Board of Education, pursuant to the provisions of s.
17 1007.25(6).
18 (f)(e) Each board of trustees must adopt a written
19 antihazing policy, provide a program for the enforcement of
20 such rules, and adopt appropriate penalties for violations of
21 such rules pursuant to the provisions of s. 1006.63(1)-(3).
22 (g)(f) Each board of trustees may establish a uniform
23 code of conduct and appropriate penalties for violation of its
24 rules by students and student organizations, including rules
25 governing student academic honesty. Such penalties, unless
26 otherwise provided by law, may include fines, the withholding
27 of diplomas or transcripts pending compliance with rules or
28 payment of fines, and the imposition of probation, suspension,
29 or dismissal.
30 (h)(g) Each board of trustees pursuant to s. 1006.53
31 shall adopt a policy in accordance with rules of the State
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1 Board of Education that reasonably accommodates the religious
2 observance, practice, and belief of individual students in
3 regard to admissions, class attendance, and the scheduling of
4 examinations and work assignments.
5 Section 3. Subsections (7) and (9) of section 1004.65,
6 Florida Statutes, are amended to read:
7 1004.65 Community colleges; definition, mission, and
8 responsibilities.--
9 (7) A separate and secondary role for community
10 colleges includes:
11 (a) Providing upper level instruction and awarding
12 baccalaureate degrees as specifically authorized by law.
13 Community colleges that are approved to offer baccalaureate
14 degree programs shall maintain the primary mission pursuant to
15 subsection (6) and may not terminate associate in arts or
16 associate in science degree programs as a result of the
17 authorization to offer baccalaureate degree programs.
18 (b) The offering of programs in:
19 1. Community services that are not directly related to
20 academic or occupational advancement.
21 2. Adult general education.
22 3. Recreational and leisure services.
23 (9) Community colleges are authorized to offer such
24 programs and courses as are necessary to fulfill their mission
25 and are authorized to grant associate in arts degrees,
26 associate in science degrees, associate in applied science
27 degrees, certificates, awards, and diplomas. Each community
28 college is also authorized to make provisions for the General
29 Educational Development test. Each community college may
30 provide access to and award baccalaureate degrees in
31 accordance with law.
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1 Section 4. Section 1007.33, Florida Statutes, is
2 amended to read:
3 1007.33 Site-determined baccalaureate degree access.--
4 (1) The Legislature recognizes that public and private
5 postsecondary educational institutions play essential roles in
6 improving the quality of life and economic well-being of the
7 state and its residents. The Legislature also recognizes that
8 economic development needs and the educational needs of
9 place-bound, nontraditional students have increased the demand
10 for local access to baccalaureate degree programs. In some,
11 but not all, geographic regions, baccalaureate degree programs
12 are being delivered successfully at the local community
13 college through agreements between the community college and
14 4-year postsecondary institutions within or outside of the
15 state. It is therefore the intent of the Legislature to
16 further expand access to baccalaureate degree programs through
17 the use of community colleges to provide programs that meet
18 critical workforce needs.
19 (2) A community college may enter into a formal
20 agreement pursuant to the provisions of s. 1007.22 for the
21 delivery of specified baccalaureate degree programs.
22 (3) A community college may develop a proposal to
23 deliver specified baccalaureate degree programs in its
24 district to meet local workforce needs; expand access to
25 postsecondary education particularly to diverse,
26 nontraditional, and geographically bound students; enhance
27 articulation particularly in program areas where articulation
28 is limited; or provide the means of obtaining a baccalaureate
29 degree in a manner that is most cost-efficient to the student
30 and the state. The proposal must be submitted to the State
31 Board of Education requesting a formal assessment by the
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1 department and for approval, in accordance with timeframes and
2 guidelines adopted by the State Board of Education. The
3 community college's proposal must include a statement of
4 determination by the college that the following information:
5 (a) Demand for the baccalaureate degree program is
6 identified by the workforce development board, local
7 businesses and industry, local chambers of commerce, and
8 potential students.
9 (b) Unmet need for graduates of the proposed degree
10 program is substantiated.
11 (c) The community college has the facilities and
12 academic resources to deliver the program.
13 (d) Innovative and alternative options have been
14 considered, such as distance learning and university
15 partnerships, and found less cost-effective for the student,
16 the community, and the state.
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18 The State Board of Education shall review the formal
19 assessment and approve, deny, or require revisions to
20 proposals, in accordance with timeframes and guidelines
21 adopted by the State Board of Education. The State Board of
22 Education may approve only those proposals that fully comply
23 with the requirements of this subsection and s. 1004.03(2) and
24 represent the most efficient and cost-effective manner to
25 provide access to the degree. The proposal must be submitted
26 to the Council for Education Policy Research and Improvement
27 for review and comment.
28 (4) Upon approval of the State Board of Education for
29 the specific degree program or programs, the community college
30 shall pursue regional accreditation by the Commission on
31 Colleges of the Southern Association of Colleges and Schools.
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1 Any additional baccalaureate degree programs the community
2 college wishes to offer must be approved by the State Board of
3 Education pursuant to the process outlined in this section.
4 Approved programs shall be implemented in accordance with
5 joint letters of agreement between the State Board of
6 Education and colleges approved by the State Board pursuant to
7 this section.
8 (5) The State Board of Education shall adopt by rule
9 policies that address the baccalaureate degree programs at
10 community colleges approved pursuant to this section,
11 including reporting policies and performance accountability
12 requirements for both upper-division and lower-division
13 programs.
14 (6)(4) A community college may not terminate its
15 associate in arts or associate in science degree programs as a
16 result of the authorization provided in subsection (3). The
17 Legislature intends that the primary mission of a community
18 college, including a community college that offers
19 baccalaureate degree programs, continues to be the provision
20 of associate degrees that provide access to a university.
21 (7) A community college may not offer graduate
22 programs.
23 (8) The State Board of Education may adopt rules to
24 administer this section.
25 Section 5. Subsections (1), (2), and (3) of section
26 1009.23, Florida Statutes, are amended to read:
27 1009.23 Community college student fees.--
28 (1) Unless otherwise provided, the provisions of this
29 section apply only to fees charged for college credit
30 instruction leading to an associate in arts degree, an
31 associate in applied science degree, or an associate in
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1 science degree, or a baccalaureate degree authorized by the
2 State Board of Education pursuant to s. 1007.33, and for
3 noncollege credit college-preparatory courses defined in s.
4 1004.02.
5 (2)(a) All students shall be charged fees except
6 students who are exempt from fees or students whose fees are
7 waived.
8 (b) Tuition and out-of-state fees for upper-division
9 courses must reflect the fact that the college has a less
10 expensive cost structure than that of a state university.
11 Therefore, the board of trustees shall establish tuition and
12 out-of-state fees for upper-division courses within a range
13 between fees for lower-division credit courses and the local
14 state university tuition and out-of-state fees.
15 (3) The State Board of Education shall adopt by
16 December 31 of each year a resident fee schedule for the
17 following fall for advanced and professional, associate in
18 science degree, baccalaureate degree programs authorized by
19 the State Board of Education pursuant to s. 1007.33, and
20 college-preparatory programs that produce revenues in the
21 amount of 25 percent of the full prior year's cost of these
22 programs. Fees for courses in college-preparatory programs and
23 associate in arts and associate in science degree programs may
24 be established at the same level. In the absence of a
25 provision to the contrary in an appropriations act, the fee
26 schedule shall take effect and the colleges shall expend the
27 funds on instruction. If the Legislature provides for an
28 alternative fee schedule in an appropriations act, the fee
29 schedule shall take effect the subsequent fall semester.
30 Section 6. Section 1011.83, Florida Statutes, is
31 amended to read:
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1 1011.83 Financial support of community colleges.--
2 (1) Each community college that has been approved by
3 the Department of Education and meets the requirements of law
4 and rules of the State Board of Education shall participate in
5 the Community College Program Fund. However, funds to support
6 workforce development programs conducted by community colleges
7 shall be provided by the Workforce Development Education Fund
8 pursuant to s. 1011.80. Community colleges shall fund the
9 nonrecurring costs related to the initiation of a new
10 baccalaureate degree program pursuant to s. 1007.33 without
11 new state appropriations, unless special grant funds are
12 designated by the State Board of Education, subject to funding
13 by the Legislature for this purpose. However, a new
14 baccalaureate program may not accept students without a
15 recurring legislative appropriation for this purpose.
16 Recurring operational funding for a community college
17 authorized to grant baccalaureate degrees pursuant to s.
18 1007.33 shall be funded as follows:
19 (a) As a community college for its workforce
20 development education programs and for its lower-division
21 level college credit courses and programs funded in the
22 community college program fund pursuant to this section.
23 (b) As a baccalaureate-degree-level institution for
24 its upper-division level courses and programs. State support
25 for these programs should not exceed 85 percent of the amount
26 of state support per full-time equivalent student in a
27 comparable state university program. Funds appropriated for
28 this purpose may be used only for the baccalaureate degree
29 programs.
30 (2) Community colleges that grant baccalaureate
31 degrees shall maintain reporting and funding distinctions
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1 between any baccalaureate degree program approved pursuant to
2 s. 1007.33 and other baccalaureate degree programs involving
3 traditional concurrent-use partnerships.
4 Section 7. Paragraph (c) is added to subsection (3) of
5 section 1013.60, Florida Statutes, to read:
6 1013.60 Legislative capital outlay budget request.--
7 (3) The commissioner shall submit an integrated,
8 comprehensive budget request to the Executive Office of the
9 Governor and to the Legislature each fiscal year by the
10 submission date specified in s. 216.023(1). Notwithstanding
11 the provisions of s. 216.043, the integrated, comprehensive
12 budget request shall include:
13 (c) Recommendations for the priority expenditure of
14 funds for facilities for baccalaureate degree programs at
15 community colleges pursuant to s. 1007.33, provided the
16 projects are identified in a college's capital improvement
17 plan. Such projects shall not be considered a component of the
18 3-year priority list of the community college or state
19 university system pursuant to s. 1013.64(4)(a). Community
20 colleges approved to grant baccalaureate degrees may request
21 funding from the Public Education Capital Outlay and Debt
22 Service Trust Fund for all authorized programs, including
23 approved baccalaureate degree programs pursuant to this
24 paragraph. Enrollment in approved baccalaureate degree
25 programs shall be computed into the survey of need for
26 facilities.
27 Section 8. Paragraph (g) of subsection (5) of section
28 288.8175, Florida Statutes, is amended to read:
29 288.8175 Linkage institutes between postsecondary
30 institutions in this state and foreign countries.--
31 (5) The institutes are:
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1 (g) Florida-France Institute (New College of the
2 University of South Florida, Miami Dade Miami-Dade Community
3 College, and Florida State University).
4 Section 9. Paragraph (a) of subsection (2) of section
5 1002.35, Florida Statutes, is amended to read:
6 1002.35 New World School of the Arts.--
7 (2)(a) For purposes of governance, the New World
8 School of the Arts is assigned to Miami Dade Miami-Dade
9 Community College, the Dade County School District, and one or
10 more universities designated by the State Board of Education.
11 The State Board of Education shall assign to the New World
12 School of the Arts a university partner or partners. In this
13 selection, the State Board of Education shall consider the
14 accreditation status of the core programs. Florida
15 International University, in its capacity as the provider of
16 university services to Dade County, shall be a partner to
17 serve the New World School of the Arts, upon meeting the
18 accreditation criteria. The respective boards shall appoint
19 members to an executive board for administration of the
20 school. The executive board may include community members and
21 shall reflect proportionately the participating institutions.
22 Miami Dade Miami-Dade Community College shall serve as fiscal
23 agent for the school.
24 Section 10. Subsection (2) of section 1004.76, Florida
25 Statutes, is amended to read:
26 1004.76 Florida Martin Luther King, Jr., Institute for
27 Nonviolence.--
28 (2) There is hereby created the Florida Martin Luther
29 King, Jr., Institute for Nonviolence to be established at
30 Miami Dade Miami-Dade Community College. The institute shall
31 have an advisory board consisting of 13 members as follows:
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1 the Attorney General, the Commissioner of Education, and 11
2 members to be appointed by the Governor, such members to
3 represent the population of the state based on its ethnic,
4 gender, and socioeconomic diversity. Of the members appointed
5 by the Governor, one shall be a member of the Senate appointed
6 by the Governor on the recommendation of the President of the
7 Senate; one shall be a member of the Senate appointed by the
8 Governor on the recommendation of the minority leader; one
9 shall be a member of the House of Representatives appointed by
10 the Governor on the recommendation of the Speaker of the House
11 of Representatives; one shall be a member of the House of
12 Representatives appointed by the Governor on the
13 recommendation of the minority leader; and seven shall be
14 members appointed by the Governor, no more than three of whom
15 shall be members of the same political party. The following
16 groups shall be represented by the seven members: the Florida
17 Sheriffs Association; the Florida Association of Counties; the
18 Florida League of Cities; state universities human services
19 agencies; community relations or human relations councils; and
20 youth. A chairperson shall be elected by the members and shall
21 serve for a term of 3 years. Members of the board shall serve
22 the following terms of office which shall be staggered:
23 (a) A member of the Legislature appointed to the board
24 shall serve for a single term not to exceed 5 years and shall
25 serve as a member only while he or she is a member of the
26 Legislature.
27 (b) Of the seven members who are not members of the
28 Legislature, three shall serve for terms of 4 years, two shall
29 serve for terms of 3 years, and one shall serve for a term of
30 1 year. Thereafter, each member, except for a member appointed
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1 to fill an unexpired term, shall serve for a 5-year term. No
2 member shall serve on the board for more than 10 years.
3
4 In the event of a vacancy occurring in the office of a member
5 of the board by death, resignation, or otherwise, the Governor
6 shall appoint a successor to serve for the balance of the
7 unexpired term.
8 Section 11. This act shall take effect July 1, 2004.
9
10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 2388
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13 The Committee Substitute requires the State Board of Education
to review the assessment of the baccalaureate degree proposal
14 conducted by the Department of Education.
15 The Committee Substitute clarifies that tuition and fees are
charged for community college upper-division courses at not
16 more than 85 percent of the rate charged at a state
university.
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The Committee Substitute conforms the name change for
18 Miami-Dade Community College to Miami Dade College in other
sites in the statutes.
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