HB 137

1
A bill to be entitled
2An act relating to the awarding of baccalaureate degrees
3by community colleges; amending s. 1001.64, F.S.;
4providing that community colleges that grant baccalaureate
5degrees remain under the authority of the State Board of
6Education with respect to specified responsibilities;
7providing that the board of trustees is the governing
8board for purposes of granting baccalaureate degrees;
9providing powers of the boards of trustees, including the
10power to establish tuition and out-of-state fees;
11providing restrictions; requiring policies relating to
12minimum faculty teaching hours per week; amending s.
131004.65, F.S.; requiring community colleges that offer
14baccalaureate degrees to maintain their primary mission
15and prohibiting the termination of associate degree
16programs; amending s. 1007.33, F.S.; providing
17requirements for the delivery of specified baccalaureate
18degree programs by a regionally accredited college or
19university at a community college site; requiring
20notification to colleges and universities of intent to
21offer the degree program; amending s. 1009.23, F.S.;
22providing guidelines and restrictions for setting tuition
23and out-of-state fees for upper-division courses;
24requiring the State Board of Education to adopt a resident
25fee schedule for baccalaureate degree programs offered by
26community colleges; amending s. 1011.83, F.S.; providing
27requirements for funding nonrecurring and recurring costs
28associated with such programs; limiting per-student
29funding to a specified percentage of costs associated with
30state university baccalaureate degree programs; providing
31certain reporting and funding requirements; amending s.
321013.60, F.S.; allowing boards of trustees to request
33funding for all authorized programs; requiring that
34enrollment in baccalaureate degree programs be computed
35into the survey of need for facilities; providing an
36effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsections (1), (2), and (8) of section
411001.64, Florida Statutes, are amended to read:
42     1001.64  Community college boards of trustees; powers and
43duties.--
44     (1)  The boards of trustees shall be responsible for
45cost-effective policy decisions appropriate to the community
46college's mission, the implementation and maintenance of
47high-quality education programs within law and rules of the
48State Board of Education, the measurement of performance, the
49reporting of information, and the provision of input regarding
50state policy, budgeting, and education standards. Community
51colleges may grant baccalaureate degrees pursuant to s. 1007.33
52and shall remain under the authority of the State Board of
53Education with respect to planning, coordination, oversight, and
54budgetary and accountability responsibilities.
55     (2)  Each board of trustees is vested with the
56responsibility to govern its respective community college and
57with such necessary authority as is needed for the proper
58operation and improvement thereof in accordance with rules of
59the State Board of Education. This authority includes serving as
60the governing board for purposes of granting baccalaureate
61degrees as authorized in s. 1007.33 and approved by the State
62Board of Education.
63     (8)  Each board of trustees has authority for policies
64related to students, enrollment of students, student records,
65student activities, financial assistance, and other student
66services.
67     (a)  Each board of trustees shall govern admission of
68students pursuant to s. 1007.263 and rules of the State Board of
69Education. A board of trustees may establish additional
70admissions criteria, which shall be included in the district
71interinstitutional articulation agreement developed according to
72s. 1007.235, to ensure student readiness for postsecondary
73instruction. Each board of trustees may consider the past
74actions of any person applying for admission or enrollment and
75may deny admission or enrollment to an applicant because of
76misconduct if determined to be in the best interest of the
77community college.
78     (b)  Each board of trustees shall adopt rules establishing
79student performance standards for the award of degrees and
80certificates pursuant to s. 1004.68. The board of trustees of a
81community college that is authorized to grant a baccalaureate
82degree under s. 1007.33 may continue to award degrees, diplomas,
83and certificates as authorized for the college, and in the name
84of the college, until the college receives any necessary changes
85to its accreditation.
86     (c)  Each board of trustees shall establish tuition and
87out-of-state fees for approved baccalaureate degree programs,
88consistent with law and proviso language in the General
89Appropriations Act. However, a board of trustees may not
90increase tuition and out-of-state fees as provided in s.
911009.23(4).
92     (d)(c)  Boards of trustees are authorized to establish
93intrainstitutional and interinstitutional programs to maximize
94articulation pursuant to s. 1007.22.
95     (e)(d)  Boards of trustees shall identify their core
96curricula, which shall include courses required by the State
97Board of Education, pursuant to the provisions of s. 1007.25(6).
98     (f)(e)  Each board of trustees must adopt a written
99antihazing policy, provide a program for the enforcement of such
100rules, and adopt appropriate penalties for violations of such
101rules pursuant to the provisions of s. 1006.63.
102     (g)(f)  Each board of trustees may establish a uniform code
103of conduct and appropriate penalties for violation of its rules
104by students and student organizations, including rules governing
105student academic honesty. Such penalties, unless otherwise
106provided by law, may include fines, the withholding of diplomas
107or transcripts pending compliance with rules or payment of
108fines, and the imposition of probation, suspension, or
109dismissal.
110     (h)(g)  Each board of trustees pursuant to s. 1006.53 shall
111adopt a policy in accordance with rules of the State Board of
112Education that reasonably accommodates the religious observance,
113practice, and belief of individual students in regard to
114admissions, class attendance, and the scheduling of examinations
115and work assignments.
116     (i)  Each board of trustees shall adopt a policy providing
117that faculty who teach upper-division courses that are a
118component part of a baccalaureate degree program must meet the
119requirements of s. 1012.82.
120     Section 2.  Paragraph (a) of subsection (7) and subsection
121(9) of section 1004.65, Florida Statutes, are amended to read:
122     1004.65  Community colleges; definition, mission, and
123responsibilities.--
124     (7)  A separate and secondary role for community colleges
125includes:
126     (a)  Providing upper level instruction and awarding
127baccalaureate degrees as specifically authorized by law. A
128community college that is approved to offer baccalaureate degree
129programs shall maintain its primary mission pursuant to
130subsection (6) and may not terminate associate in arts or
131associate in science degree programs as a result of the
132authorization to offer baccalaureate degree programs.
133     (9)  Community colleges are authorized to offer such
134programs and courses as are necessary to fulfill their mission
135and are authorized to grant associate in arts degrees, associate
136in science degrees, associate in applied science degrees,
137certificates, awards, and diplomas. Each community college is
138also authorized to make provisions for the General Educational
139Development test. Each community college may provide access to
140and award baccalaureate degrees in accordance with law.
141     Section 3.  Subsection (4) of section 1007.33, Florida
142Statutes, is renumbered as subsection (6) and new subsections
143(4) and (5) are added to that section to read:
144     1007.33  Site-determined baccalaureate degree access.--
145     (4)  A formal agreement for the delivery of specified
146baccalaureate degree programs by a regionally accredited public
147or private college or university at a community college site
148must include:
149     (a)  A guarantee that students will be able to complete the
150degree in the community college district.
151     (b)  A financial commitment to the development,
152implementation, and maintenance of the specified degree program
153on behalf of the college or university which includes timelines.
154     (c)  A plan for collaboration in the development and
155offering of the curriculum for the specified degree by faculty
156at both the community college and the college or university. The
157curriculum for the specified degree must be developed and
158approved within 6 months after the agreement between the
159community college and the college or university is signed.
160     (5)  A community college proposal to deliver a specified
161baccalaureate degree program must document that the community
162college has notified in writing the accredited public and
163private colleges and universities in the community college's
164district of its intent to seek approval for delivery of the
165proposed program. The notified colleges and universities have 90
166days to submit in writing to the community college an
167alternative plan for providing the specified degree program.
168     Section 4.  Subsections (1), (2), and (3) of section
1691009.23, Florida Statutes, are amended to read:
170     1009.23  Community college student fees.--
171     (1)  Unless otherwise provided, the provisions of this
172section applies apply only to fees charged for college credit
173instruction leading to an associate in arts degree, an associate
174in applied science degree, or an associate in science degree, or
175a baccalaureate degree authorized by the State Board of
176Education pursuant to s. 1007.33 and for noncollege credit
177college-preparatory courses defined in s. 1004.02.
178     (2)(a)  All students shall be charged fees except students
179who are exempt from fees or students whose fees are waived.
180     (b)  Tuition and out-of-state fees for upper-division
181courses must reflect the fact that the community college has a
182less expensive cost structure than that of a state university.
183Therefore, the board of trustees shall establish tuition and
184out-of-state fees for upper-division courses consistent with law
185and proviso language in the General Appropriations Act. However,
186the board of trustees may not increase tuition and out-of-state
187fees as provided in subsection (4). Identical fees shall be
188required for all community college resident students within a
189college who take a specific course, regardless of the program in
190which they are enrolled.
191     (3)  The State Board of Education shall adopt by December
19231 of each year a resident fee schedule for the following fall
193for advanced and professional programs, associate in science
194degree programs, baccalaureate degree programs authorized by the
195State Board of Education pursuant to s. 1007.33, and college-
196preparatory programs that produce revenues in the amount of 25
197percent of the full prior year's cost of these programs. Fees
198for courses in college-preparatory programs and associate in
199arts and associate in science degree programs may be established
200at the same level. In the absence of a provision to the contrary
201in an appropriations act, the fee schedule shall take effect and
202the colleges shall expend the funds on instruction. If the
203Legislature provides for an alternative fee schedule in an
204appropriations act, the fee schedule shall take effect the
205subsequent fall semester.
206     Section 5.  Section 1011.83, Florida Statutes, is amended
207to read:
208     1011.83  Financial support of community colleges.--
209     (1)  Each community college that has been approved by the
210Department of Education and meets the requirements of law and
211rules of the State Board of Education shall participate in the
212Community College Program Fund. However, funds to support
213workforce education programs conducted by community colleges
214shall be provided pursuant to s. 1011.80. A community college
215shall fund the nonrecurring costs related to the initiation of a
216new baccalaureate degree program under s. 1007.33 without new
217state appropriations unless special grant funds are designated
218by the State Board of Education, subject to funding by the
219Legislature for this purpose. However, a new baccalaureate
220degree program may not accept students unless there is a
221recurring legislative appropriation for this purpose. A
222community college that is authorized to grant baccalaureate
223degrees under s. 1007.33 must receive recurring operational
224funding:
225     (a)  As a community college for its workforce education
226programs and for its lower-division-level college credit courses
227and programs funded by the Community College Program Fund under
228this section.
229     (b)  As a baccalaureate-degree-level institution for its
230upper-division-level courses and programs. State support for
231these programs may not exceed 85 percent of the amount of state
232support per full-time equivalent student in a comparable state
233university program. Funds appropriated for this purpose may be
234used only for the baccalaureate degree programs.
235     (2)  A community college that grants baccalaureate degrees
236shall maintain reporting and funding distinctions between any
237baccalaureate degree program approved under s. 1007.33 and any
238other baccalaureate degree programs involving traditional
239concurrent-use partnerships.
240     Section 6.  Subsection (2) of section 1013.60, Florida
241Statutes, is amended to read:
242     1013.60  Legislative capital outlay budget request.--
243     (2)  The commissioner shall submit to the Governor and to
244the Legislature an integrated, comprehensive budget request for
245educational facilities construction and fixed capital outlay
246needs for school districts, community colleges, and
247universities, pursuant to the provisions of s. 1013.64 and
248applicable provisions of chapter 216. Each community college
249board of trustees and each university board of trustees shall
250submit to the commissioner a 3-year plan and data required in
251the development of the annual capital outlay budget. Community
252college boards of trustees may request funding for all
253authorized programs, including approved baccalaureate degree
254programs. Notwithstanding s. 1004.73(7) or any other provision
255of law, such a request for funding must be submitted as a part
256of the 3-year priority list for community colleges pursuant to
257s. 1013.64(4)(a). Enrollment in approved baccalaureate degree
258programs must be computed into the survey of need for
259facilities. No Further disbursements may not shall be made from
260the Public Education Capital Outlay and Debt Service Trust Fund
261to a board of trustees that fails to timely submit the required
262data until such board of trustees submits the data.
263     Section 7.  This act shall take effect July 1, 2006.


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