Senate Bill sb2254

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2254

    By Senators King and Pruitt





    8-445B-05

  1                      A bill to be entitled

  2         An act relating to the awarding of

  3         baccalaureate degrees by community colleges;

  4         amending s. 1001.64, F.S.; providing that

  5         community colleges that grant baccalaureate

  6         degrees pursuant to s. 1007.33, F.S., remain

  7         under the authority of the State Board of

  8         Education with respect to specified

  9         responsibilities; providing that, subject to

10         specified conditions, the board of trustees of

11         such a community college is the governing board

12         for purposes of granting baccalaureate degrees;

13         providing powers of the boards of trustees,

14         including the power to establish tuition and

15         out-of-state fees; providing restrictions;

16         requiring such boards to adopt a policy

17         requiring teachers who teach certain

18         upper-division courses to teach a specified

19         minimum number of hours; amending s. 1004.65,

20         F.S.; requiring community colleges that offer

21         baccalaureate degrees to maintain their primary

22         purpose and not terminate associate in arts

23         programs because they offer baccalaureate

24         degrees; amending s. 1007.33, F.S.; requiring

25         that a formal agreement for the delivery of

26         specified baccalaureate degree programs by a

27         regionally accredited college or university at

28         a community college site include certain

29         provisions; requiring that the curriculum for

30         the degree be developed and approved within a

31         specified time; requiring that a proposal to

                                  1

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1         deliver such a degree document that the

 2         community college has notified the accredited

 3         colleges and universities in the district of

 4         its intent to seek approval for delivery of the

 5         degree; allowing the colleges and universities

 6         to propose an alternative plan for providing

 7         the degree; amending s. 1009.23, F.S.;

 8         providing guidelines and restrictions for

 9         setting tuition and out-of-state fees for

10         upper-division courses; requiring the State

11         Board of Education, annually by a specified

12         date, to adopt a resident fee schedule for

13         baccalaureate degree programs offered by

14         community colleges; amending s. 1011.83, F.S.;

15         providing requirements for funding nonrecurring

16         and recurring costs associated with such

17         programs; limiting per-student funding to a

18         specified percentage of costs associated with

19         baccalaureate degree programs offered in state

20         universities; requiring community colleges to

21         maintain a distinction in reporting and funding

22         between baccalaureate degree programs approved

23         under s. 1007.33, F.S., and those offered under

24         concurrent-use partnerships; amending s.

25         1013.60, F.S.; allowing community college

26         boards of trustees to request funding for all

27         authorized programs; requiring that enrollment

28         in baccalaureate degree programs be computed

29         into the survey of need for facilities;

30         providing an effective date.

31  

                                  2

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




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

 2  

 3         Section 1.  Subsections (1), (2), and (8) of section

 4  1001.64, Florida Statutes, are amended to read:

 5         1001.64  Community college boards of trustees; powers

 6  and duties.--

 7         (1)  The boards of trustees shall be responsible for

 8  cost-effective policy decisions appropriate to the community

 9  college's mission, the implementation and maintenance of

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

11  State Board of Education, the measurement of performance, the

12  reporting of information, and the provision of input regarding

13  state policy, budgeting, and education standards. Community

14  colleges may grant baccalaureate degrees pursuant to s.

15  1007.33 and shall remain under the authority of the State

16  Board of Education with respect to planning, coordination,

17  oversight, and budgetary and accountability responsibilities.

18         (2)  Each board of trustees is vested with the

19  responsibility to govern its respective community college and

20  with such necessary authority as is needed for the proper

21  operation and improvement thereof in accordance with rules of

22  the State Board of Education. This authority includes serving

23  as the governing board for purposes of granting baccalaureate

24  degrees as authorized in s. 1007.33 and approved by the State

25  Board of Education.

26         (8)  Each board of trustees has authority for policies

27  related to students, enrollment of students, student records,

28  student activities, financial assistance, and other student

29  services.

30         (a)  Each board of trustees shall govern admission of

31  students pursuant to s. 1007.263 and rules of the State Board

                                  3

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1  of Education. A board of trustees may establish additional

 2  admissions criteria, which shall be included in the district

 3  interinstitutional articulation agreement developed according

 4  to s. 1007.235, to ensure student readiness for postsecondary

 5  instruction. Each board of trustees may consider the past

 6  actions of any person applying for admission or enrollment and

 7  may deny admission or enrollment to an applicant because of

 8  misconduct if determined to be in the best interest of the

 9  community college.

10         (b)  Each board of trustees shall adopt rules

11  establishing student performance standards for the award of

12  degrees and certificates pursuant to s. 1004.68. The board of

13  trustees of a community college that is authorized to grant a

14  baccalaureate degree under s. 1007.33 may continue to award

15  degrees, diplomas, and certificates as authorized for the

16  college, and in the name of the college, until the college

17  receives any necessary changes to its accreditation.

18         (c)  Each board of trustees shall establish tuition and

19  out-of-state fees for approved baccalaureate degree programs,

20  consistent with law and proviso language in the General

21  Appropriations Act. However, a board of trustees may not

22  increase tuition and out-of-state fees as provided in s.

23  1009.23(4).

24         (d)(c)  Boards of trustees are authorized to establish

25  intrainstitutional and interinstitutional programs to maximize

26  articulation pursuant to s. 1007.22.

27         (e)(d)  Boards of trustees shall identify their core

28  curricula, which shall include courses required by the State

29  Board of Education, pursuant to the provisions of s.

30  1007.25(6).

31  

                                  4

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1         (f)(e)  Each board of trustees must adopt a written

 2  antihazing policy, provide a program for the enforcement of

 3  such rules, and adopt appropriate penalties for violations of

 4  such rules pursuant to the provisions of s. 1006.63(1)-(3).

 5         (g)(f)  Each board of trustees may establish a uniform

 6  code of conduct and appropriate penalties for violation of its

 7  rules by students and student organizations, including rules

 8  governing student academic honesty. Such penalties, unless

 9  otherwise provided by law, may include fines, the withholding

10  of diplomas or transcripts pending compliance with rules or

11  payment of fines, and the imposition of probation, suspension,

12  or dismissal.

13         (h)(g)  Each board of trustees pursuant to s. 1006.53

14  shall adopt a policy in accordance with rules of the State

15  Board of Education that reasonably accommodates the religious

16  observance, practice, and belief of individual students in

17  regard to admissions, class attendance, and the scheduling of

18  examinations and work assignments.

19         (i)  Each board of trustees shall adopt a policy

20  providing that faculty who teach upper-division courses that

21  are a component part of a baccalaureate program must meet the

22  requirements of s. 1012.82.

23         Section 2.  Paragraph (a) of subsection (7) and

24  subsection (9) of section 1004.65, Florida Statutes, are

25  amended to read:

26         1004.65  Community colleges; definition, mission, and

27  responsibilities.--

28         (7)  A separate and secondary role for community

29  colleges includes:

30         (a)  Providing upper level instruction and awarding

31  baccalaureate degrees as specifically authorized by law. A

                                  5

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1  community college that is approved to offer baccalaureate

 2  degree programs shall maintain its primary mission pursuant to

 3  subsection (6) and may not terminate associate in arts or

 4  associate in science degree programs as a result of the

 5  authorization to offer baccalaureate degree programs.

 6         (9)  Community colleges are authorized to offer such

 7  programs and courses as are necessary to fulfill their mission

 8  and are authorized to grant associate in arts degrees,

 9  associate in science degrees, associate in applied science

10  degrees, certificates, awards, and diplomas. Each community

11  college is also authorized to make provisions for the General

12  Educational Development test. Each community college may

13  provide access to and award baccalaureate degrees in

14  accordance with law.

15         Section 3.  Present subsection (4) of section 1007.33,

16  Florida Statutes, is redesignated as subsection (6), and new

17  subsections (4) and (5) are added to that section, to read:

18         1007.33  Site-determined baccalaureate degree access.--

19         (4)  A formal agreement for the delivery of specified

20  baccalaureate degree programs by a regionally accredited

21  public or private college or university at a community college

22  site must include:

23         (a)  A guarantee that students will be able to complete

24  the degree in the community college district;

25         (b)  A financial commitment to the development,

26  implementation, and maintenance of the specified degree

27  program on behalf of the college or university which includes

28  timelines; and

29         (c)  A plan for collaboration in the development and

30  offering of the curriculum for the specified degree by both

31  faculty at the community college and at the college or

                                  6

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1  university. The curriculum for the specified degree must be

 2  developed and approved within 6 months after the agreement

 3  between the community college and the college or university is

 4  signed.

 5         (5)  A community college proposal to deliver a

 6  specified baccalaureate degree program must document that the

 7  community college has notified in writing the accredited

 8  public and private colleges and universities in the community

 9  college's district of its intent to seek approval for delivery

10  of the proposed program. The notified colleges and

11  universities have 90 days to submit in writing to the

12  community college an alternative plan for providing the

13  specified degree program.

14         Section 4.  Subsections (1), (2), and (3) of section

15  1009.23, Florida Statutes, are amended to read:

16         1009.23  Community college student fees.--

17         (1)  Unless otherwise provided, the provisions of this

18  section applies apply only to fees charged for college credit

19  instruction leading to an associate in arts degree, an

20  associate in applied science degree, or an associate in

21  science degree, or a baccalaureate degree authorized by the

22  State Board of Education pursuant to s. 1007.33, and for

23  noncollege credit college-preparatory courses defined in s.

24  1004.02.

25         (2)(a)  All students shall be charged fees except

26  students who are exempt from fees or students whose fees are

27  waived.

28         (b)  Tuition and out-of-state fees for upper-division

29  courses must reflect the fact that the college has a less

30  expensive cost structure than that of a state university.

31  Therefore, the board of trustees shall establish tuition and

                                  7

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1  out-of-state fees for upper-division courses consistent with

 2  law and proviso language in the General Appropriations Act.

 3  However, the board of trustees may not increase tuition and

 4  out-of-state fees as provided in subsection (4). Identical

 5  fees shall be required for all community college resident

 6  students within a college who take a specific course,

 7  regardless of the program in which they are enrolled.

 8         (3)  The State Board of Education shall adopt by

 9  December 31 of each year a resident fee schedule for the

10  following fall for advanced and professional programs,

11  associate in science degree programs, baccalaureate degree

12  programs authorized by the State Board of Education pursuant

13  to s. 1007.33, and college-preparatory programs that produce

14  revenues in the amount of 25 percent of the full prior year's

15  cost of these programs. Fees for courses in

16  college-preparatory programs and associate in arts and

17  associate in science degree programs may be established at the

18  same level. In the absence of a provision to the contrary in

19  an appropriations act, the fee schedule shall take effect and

20  the colleges shall expend the funds on instruction.  If the

21  Legislature provides for an alternative fee schedule in an

22  appropriations act, the fee schedule shall take effect the

23  subsequent fall semester.

24         Section 5.  Section 1011.83, Florida Statutes, is

25  amended to read:

26         1011.83  Financial support of community colleges.--

27         (1)  Each community college that has been approved by

28  the Department of Education and meets the requirements of law

29  and rules of the State Board of Education shall participate in

30  the Community College Program Fund. However, funds to support

31  workforce education programs conducted by community colleges

                                  8

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1  shall be provided pursuant to s. 1011.80. A community college

 2  shall fund the nonrecurring costs related to the initiation of

 3  a new baccalaureate degree program under s. 1007.33 without

 4  new state appropriations unless special grant funds are

 5  designated by the State Board of Education, subject to funding

 6  by the Legislature for this purpose. However, a new

 7  baccalaureate program may not accept students unless there is

 8  a recurring legislative appropriation for this purpose. A

 9  community college that is authorized to grant baccalaureate

10  degrees under s. 1007.33 must receive recurring operational

11  funding:

12         (a)  As a community college for its workforce

13  development education programs and for its

14  lower-division-level college credit courses and programs

15  funded by the Community College Program Fund under this

16  section.

17         (b)  As a baccalaureate-degree-level institution for

18  its upper-division-level courses and programs. State support

19  for these programs may not exceed 85 percent of the amount of

20  state support per full-time equivalent student in a comparable

21  state university program. Funds appropriated for this purpose

22  may be used only for the baccalaureate degree programs.

23         (2)  A community college that grants baccalaureate

24  degrees shall maintain reporting and funding distinctions

25  between any baccalaureate degree program approved under s.

26  1007.33 and any other baccalaureate degree programs involving

27  traditional concurrent-use partnerships.

28         Section 6.  Subsection (2) of section 1013.60, Florida

29  Statutes, is amended to read:

30         1013.60  Legislative capital outlay budget request.--

31  

                                  9

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1         (2)  The commissioner shall submit to the Governor and

 2  to the Legislature an integrated, comprehensive budget request

 3  for educational facilities construction and fixed capital

 4  outlay needs for school districts, community colleges, and

 5  universities, pursuant to the provisions of s. 1013.64 and

 6  applicable provisions of chapter 216. Each community college

 7  board of trustees and each university board of trustees shall

 8  submit to the commissioner a 3-year plan and data required in

 9  the development of the annual capital outlay budget. Community

10  college boards of trustees may request funding for all

11  authorized programs, including approved baccalaureate degree

12  programs. Notwithstanding s. 1004.73(7) or any other provision

13  of law, such a request for funding must be submitted as a part

14  of the 3-year priority list for community colleges pursuant to

15  s. 1013.64(4)(a). Enrollment in approved baccalaureate degree

16  programs must be computed into the survey of need for

17  facilities. No Further disbursements may not shall be made

18  from the Public Education Capital Outlay and Debt Service

19  Trust Fund to a board of trustees that fails to timely submit

20  the required data until such board of trustees submits the

21  data.

22         Section 7.  This act shall take effect July 1, 2005.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

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






    Florida Senate - 2005                                  SB 2254
    8-445B-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides conditions relating to community colleges that
      grant baccalaureate degrees under s. 1007.33, F.S.
 4    Provides that such community colleges remain under the
      authority of the State Board of Education with respect to
 5    specified responsibilities. Provides that, subject to
      specified conditions, the board of trustees of such a
 6    community college is the governing board for purposes of
      granting baccalaureate degrees. Provides powers of the
 7    boards of trustees, including the power to establish
      tuition and out-of-state fees, with restrictions.
 8    Requires that such boards adopt a policy requiring
      teachers who teach certain upper-division courses to
 9    teach a specified minimum number of hours. Requires
      community colleges that offer baccalaureate degrees to
10    maintain their primary purpose and not terminate
      associate in arts programs because they offer the
11    baccalaureate degrees. Requires that a formal agreement
      for the delivery of specified baccalaureate degree
12    programs by a regionally accredited college or university
      at a community college site include certain provisions.
13    Requires that the curriculum for the degree be developed
      and approved within a specified time period. Requires
14    that a proposal to deliver such a degree document that
      the community college has, in writing, notified the
15    accredited colleges and universities in the district of
      its intent to seek approval for delivery of the degree.
16    Allows the colleges and universities to propose an
      alternative plan for providing the degree. Provides
17    guidelines and restrictions for setting tuition and
      out-of-state fees for upper-division courses. Requires
18    the State Board of Education, annually by a specified
      date, to adopt a resident fee schedule for baccalaureate
19    degree programs offered by community colleges. Provides
      requirements for funding nonrecurring and recurring costs
20    associated with such programs. Limits per-student funding
      to 85 percent of costs associated with baccalaureate
21    degree programs offered in state universities. Requires
      community colleges to maintain a distinction in reporting
22    and funding between baccalaureate degree programs
      approved under s. 1007.33, F.S., and those offered under
23    concurrent-use partnerships. Allows community college
      boards of trustees to request funding for all authorized
24    programs. Provides that enrollment in baccalaureate
      degree programs must be computed into the survey of need
25    for facilities.

26  

27  

28  

29  

30  

31  

                                  11

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