Senate Bill sb2388c1

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    Florida Senate - 2004                           CS for SB 2388

    By the Committee on Education; and Senator Pruitt





    304-2246-04

  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:

11  

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.

17  

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

31  

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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

12                                 

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.
17  
    The Committee Substitute conforms the name change for
18  Miami-Dade Community College to Miami Dade College in other
    sites in the statutes.
19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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