Senate Bill sb2254
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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
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Florida Senate - 2005 SB 2254
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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.
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Florida Senate - 2005 SB 2254
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1 Be It Enacted by the Legislature of the State of Florida:
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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
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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).
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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
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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
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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
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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
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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.--
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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.
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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.
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