1 | A bill to be entitled |
2 | An act relating to the awarding of baccalaureate degrees |
3 | by community colleges; amending s. 1001.64, F.S.; |
4 | providing that community colleges that grant baccalaureate |
5 | degrees remain under the authority of the State Board of |
6 | Education with respect to specified responsibilities; |
7 | providing that the board of trustees is the governing |
8 | board for purposes of granting baccalaureate degrees; |
9 | providing powers of the boards of trustees, including the |
10 | power to establish tuition and out-of-state fees; |
11 | providing restrictions; requiring policies relating to |
12 | minimum faculty teaching hours per week; amending s. |
13 | 1004.65, F.S.; requiring community colleges that offer |
14 | baccalaureate degrees to maintain their primary mission |
15 | and prohibiting the termination of associate degree |
16 | programs; amending s. 1007.33, F.S.; providing |
17 | requirements for the delivery of specified baccalaureate |
18 | degree programs by a regionally accredited college or |
19 | university at a community college site; requiring |
20 | notification to colleges and universities of intent to |
21 | offer the degree program; amending s. 1009.23, F.S.; |
22 | providing guidelines and restrictions for setting tuition |
23 | and out-of-state fees for upper-division courses; |
24 | requiring the State Board of Education to adopt a resident |
25 | fee schedule for baccalaureate degree programs offered by |
26 | community colleges; amending s. 1011.83, F.S.; providing |
27 | requirements for funding nonrecurring and recurring costs |
28 | associated with such programs; limiting per-student |
29 | funding to a specified percentage of costs associated with |
30 | state university baccalaureate degree programs; providing |
31 | certain reporting and funding requirements; amending s. |
32 | 1013.60, F.S.; allowing boards of trustees to request |
33 | funding for all authorized programs; requiring that |
34 | enrollment in baccalaureate degree programs be computed |
35 | into the survey of need for facilities; providing an |
36 | effective date. |
37 |
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38 | Be It Enacted by the Legislature of the State of Florida: |
39 |
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40 | Section 1. Subsections (1), (2), and (8) of section |
41 | 1001.64, Florida Statutes, are amended to read: |
42 | 1001.64 Community college boards of trustees; powers and |
43 | duties.-- |
44 | (1) The boards of trustees shall be responsible for |
45 | cost-effective policy decisions appropriate to the community |
46 | college's mission, the implementation and maintenance of |
47 | high-quality education programs within law and rules of the |
48 | State Board of Education, the measurement of performance, the |
49 | reporting of information, and the provision of input regarding |
50 | state policy, budgeting, and education standards. Community |
51 | colleges may grant baccalaureate degrees pursuant to s. 1007.33 |
52 | and shall remain under the authority of the State Board of |
53 | Education with respect to planning, coordination, oversight, and |
54 | budgetary and accountability responsibilities. |
55 | (2) Each board of trustees is vested with the |
56 | responsibility to govern its respective community college and |
57 | with such necessary authority as is needed for the proper |
58 | operation and improvement thereof in accordance with rules of |
59 | the State Board of Education. This authority includes serving as |
60 | the governing board for purposes of granting baccalaureate |
61 | degrees as authorized in s. 1007.33 and approved by the State |
62 | Board of Education. |
63 | (8) Each board of trustees has authority for policies |
64 | related to students, enrollment of students, student records, |
65 | student activities, financial assistance, and other student |
66 | services. |
67 | (a) Each board of trustees shall govern admission of |
68 | students pursuant to s. 1007.263 and rules of the State Board of |
69 | Education. A board of trustees may establish additional |
70 | admissions criteria, which shall be included in the district |
71 | interinstitutional articulation agreement developed according to |
72 | s. 1007.235, to ensure student readiness for postsecondary |
73 | instruction. Each board of trustees may consider the past |
74 | actions of any person applying for admission or enrollment and |
75 | may deny admission or enrollment to an applicant because of |
76 | misconduct if determined to be in the best interest of the |
77 | community college. |
78 | (b) Each board of trustees shall adopt rules establishing |
79 | student performance standards for the award of degrees and |
80 | certificates pursuant to s. 1004.68. The board of trustees of a |
81 | community college that is authorized to grant a baccalaureate |
82 | degree under s. 1007.33 may continue to award degrees, diplomas, |
83 | and certificates as authorized for the college, and in the name |
84 | of the college, until the college receives any necessary changes |
85 | to its accreditation. |
86 | (c) Each board of trustees shall establish tuition and |
87 | out-of-state fees for approved baccalaureate degree programs, |
88 | consistent with law and proviso language in the General |
89 | Appropriations Act. However, a board of trustees may not |
90 | increase tuition and out-of-state fees as provided in s. |
91 | 1009.23(4). |
92 | (d)(c) Boards of trustees are authorized to establish |
93 | intrainstitutional and interinstitutional programs to maximize |
94 | articulation pursuant to s. 1007.22. |
95 | (e)(d) Boards of trustees shall identify their core |
96 | curricula, which shall include courses required by the State |
97 | Board of Education, pursuant to the provisions of s. 1007.25(6). |
98 | (f)(e) Each board of trustees must adopt a written |
99 | antihazing policy, provide a program for the enforcement of such |
100 | rules, and adopt appropriate penalties for violations of such |
101 | rules pursuant to the provisions of s. 1006.63. |
102 | (g)(f) Each board of trustees may establish a uniform code |
103 | of conduct and appropriate penalties for violation of its rules |
104 | by students and student organizations, including rules governing |
105 | student academic honesty. Such penalties, unless otherwise |
106 | provided by law, may include fines, the withholding of diplomas |
107 | or transcripts pending compliance with rules or payment of |
108 | fines, and the imposition of probation, suspension, or |
109 | dismissal. |
110 | (h)(g) Each board of trustees pursuant to s. 1006.53 shall |
111 | adopt a policy in accordance with rules of the State Board of |
112 | Education that reasonably accommodates the religious observance, |
113 | practice, and belief of individual students in regard to |
114 | admissions, class attendance, and the scheduling of examinations |
115 | and work assignments. |
116 | (i) Each board of trustees shall adopt a policy providing |
117 | that faculty who teach upper-division courses that are a |
118 | component part of a baccalaureate degree program must meet the |
119 | requirements 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 |
123 | responsibilities.-- |
124 | (7) A separate and secondary role for community colleges |
125 | includes: |
126 | (a) Providing upper level instruction and awarding |
127 | baccalaureate degrees as specifically authorized by law. A |
128 | community college that is approved to offer baccalaureate degree |
129 | programs shall maintain its primary mission pursuant to |
130 | subsection (6) and may not terminate associate in arts or |
131 | associate in science degree programs as a result of the |
132 | authorization to offer baccalaureate degree programs. |
133 | (9) Community colleges are authorized to offer such |
134 | programs and courses as are necessary to fulfill their mission |
135 | and are authorized to grant associate in arts degrees, associate |
136 | in science degrees, associate in applied science degrees, |
137 | certificates, awards, and diplomas. Each community college is |
138 | also authorized to make provisions for the General Educational |
139 | Development test. Each community college may provide access to |
140 | and award baccalaureate degrees in accordance with law. |
141 | Section 3. Subsection (4) of section 1007.33, Florida |
142 | Statutes, 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 |
146 | baccalaureate degree programs by a regionally accredited public |
147 | or private college or university at a community college site |
148 | must include: |
149 | (a) A guarantee that students will be able to complete the |
150 | degree in the community college district. |
151 | (b) A financial commitment to the development, |
152 | implementation, and maintenance of the specified degree program |
153 | on behalf of the college or university which includes timelines. |
154 | (c) A plan for collaboration in the development and |
155 | offering of the curriculum for the specified degree by faculty |
156 | at both the community college and the college or university. The |
157 | curriculum for the specified degree must be developed and |
158 | approved within 6 months after the agreement between the |
159 | community college and the college or university is signed. |
160 | (5) A community college proposal to deliver a specified |
161 | baccalaureate degree program must document that the community |
162 | college has notified in writing the accredited public and |
163 | private colleges and universities in the community college's |
164 | district of its intent to seek approval for delivery of the |
165 | proposed program. The notified colleges and universities have 90 |
166 | days to submit in writing to the community college an |
167 | alternative plan for providing the specified degree program. |
168 | Section 4. Subsections (1), (2), and (3) of section |
169 | 1009.23, Florida Statutes, are amended to read: |
170 | 1009.23 Community college student fees.-- |
171 | (1) Unless otherwise provided, the provisions of this |
172 | section applies apply only to fees charged for college credit |
173 | instruction leading to an associate in arts degree, an associate |
174 | in applied science degree, or an associate in science degree, or |
175 | a baccalaureate degree authorized by the State Board of |
176 | Education pursuant to s. 1007.33 and for noncollege credit |
177 | college-preparatory courses defined in s. 1004.02. |
178 | (2)(a) All students shall be charged fees except students |
179 | who are exempt from fees or students whose fees are waived. |
180 | (b) Tuition and out-of-state fees for upper-division |
181 | courses must reflect the fact that the community college has a |
182 | less expensive cost structure than that of a state university. |
183 | Therefore, the board of trustees shall establish tuition and |
184 | out-of-state fees for upper-division courses consistent with law |
185 | and proviso language in the General Appropriations Act. However, |
186 | the board of trustees may not increase tuition and out-of-state |
187 | fees as provided in subsection (4). Identical fees shall be |
188 | required for all community college resident students within a |
189 | college who take a specific course, regardless of the program in |
190 | which they are enrolled. |
191 | (3) The State Board of Education shall adopt by December |
192 | 31 of each year a resident fee schedule for the following fall |
193 | for advanced and professional programs, associate in science |
194 | degree programs, baccalaureate degree programs authorized by the |
195 | State Board of Education pursuant to s. 1007.33, and college- |
196 | preparatory programs that produce revenues in the amount of 25 |
197 | percent of the full prior year's cost of these programs. Fees |
198 | for courses in college-preparatory programs and associate in |
199 | arts and associate in science degree programs may be established |
200 | at the same level. In the absence of a provision to the contrary |
201 | in an appropriations act, the fee schedule shall take effect and |
202 | the colleges shall expend the funds on instruction. If the |
203 | Legislature provides for an alternative fee schedule in an |
204 | appropriations act, the fee schedule shall take effect the |
205 | subsequent fall semester. |
206 | Section 5. Section 1011.83, Florida Statutes, is amended |
207 | to read: |
208 | 1011.83 Financial support of community colleges.-- |
209 | (1) Each community college that has been approved by the |
210 | Department of Education and meets the requirements of law and |
211 | rules of the State Board of Education shall participate in the |
212 | Community College Program Fund. However, funds to support |
213 | workforce education programs conducted by community colleges |
214 | shall be provided pursuant to s. 1011.80. A community college |
215 | shall fund the nonrecurring costs related to the initiation of a |
216 | new baccalaureate degree program under s. 1007.33 without new |
217 | state appropriations unless special grant funds are designated |
218 | by the State Board of Education, subject to funding by the |
219 | Legislature for this purpose. However, a new baccalaureate |
220 | degree program may not accept students unless there is a |
221 | recurring legislative appropriation for this purpose. A |
222 | community college that is authorized to grant baccalaureate |
223 | degrees under s. 1007.33 must receive recurring operational |
224 | funding: |
225 | (a) As a community college for its workforce education |
226 | programs and for its lower-division-level college credit courses |
227 | and programs funded by the Community College Program Fund under |
228 | this section. |
229 | (b) As a baccalaureate-degree-level institution for its |
230 | upper-division-level courses and programs. State support for |
231 | these programs may not exceed 85 percent of the amount of state |
232 | support per full-time equivalent student in a comparable state |
233 | university program. Funds appropriated for this purpose may be |
234 | used only for the baccalaureate degree programs. |
235 | (2) A community college that grants baccalaureate degrees |
236 | shall maintain reporting and funding distinctions between any |
237 | baccalaureate degree program approved under s. 1007.33 and any |
238 | other baccalaureate degree programs involving traditional |
239 | concurrent-use partnerships. |
240 | Section 6. Subsection (2) of section 1013.60, Florida |
241 | Statutes, is amended to read: |
242 | 1013.60 Legislative capital outlay budget request.-- |
243 | (2) The commissioner shall submit to the Governor and to |
244 | the Legislature an integrated, comprehensive budget request for |
245 | educational facilities construction and fixed capital outlay |
246 | needs for school districts, community colleges, and |
247 | universities, pursuant to the provisions of s. 1013.64 and |
248 | applicable provisions of chapter 216. Each community college |
249 | board of trustees and each university board of trustees shall |
250 | submit to the commissioner a 3-year plan and data required in |
251 | the development of the annual capital outlay budget. Community |
252 | college boards of trustees may request funding for all |
253 | authorized programs, including approved baccalaureate degree |
254 | programs. Notwithstanding s. 1004.73(7) or any other provision |
255 | of law, such a request for funding must be submitted as a part |
256 | of the 3-year priority list for community colleges pursuant to |
257 | s. 1013.64(4)(a). Enrollment in approved baccalaureate degree |
258 | programs must be computed into the survey of need for |
259 | facilities. No Further disbursements may not shall be made from |
260 | the Public Education Capital Outlay and Debt Service Trust Fund |
261 | to a board of trustees that fails to timely submit the required |
262 | data until such board of trustees submits the data. |
263 | Section 7. This act shall take effect July 1, 2006. |