| 1 | A bill to be entitled |
| 2 | An act relating to postsecondary education; requiring the |
| 3 | Office of Economic and Demographic Research to conduct a |
| 4 | study of certain enrollment forecasting models; requiring |
| 5 | a report; requiring the Department of Education to conduct |
| 6 | a review of certain courses in the statewide course |
| 7 | numbering system and update the system as appropriate; |
| 8 | requiring a report; requiring nonpublic postsecondary |
| 9 | institutions that participate in statewide course |
| 10 | numbering to provide certain information in their |
| 11 | catalogs; requiring the department's website to include |
| 12 | certain information; providing legislative intent; |
| 13 | establishing the Florida Business and Education |
| 14 | Collaborative; providing membership and responsibilities; |
| 15 | requiring annual reports; requiring a study by the Office |
| 16 | of Program Policy Analysis and Government Accountability |
| 17 | relating to articulation policies and practices; requiring |
| 18 | a report; amending s. 267.062, F.S.; authorizing the |
| 19 | naming of certain state university facilities for a living |
| 20 | person under certain circumstances; amending s. 1001.03, |
| 21 | F.S.; providing State Board of Education responsibilities |
| 22 | with respect to community college baccalaureate degree |
| 23 | programs; amending s. 1007.33, F.S.; revising provisions |
| 24 | relating to community college submission of proposals to |
| 25 | deliver baccalaureate degree programs; requiring notice of |
| 26 | intent and opportunity for alternative proposals by |
| 27 | certain institutions; amending s. 1009.23, F.S.; providing |
| 28 | guidelines and restrictions for setting tuition and out- |
| 29 | of-state fees for community college upper-division |
| 30 | courses; amending s. 1011.83, F.S.; providing a residency |
| 31 | requirement for funding baccalaureate degree programs at |
| 32 | community colleges; providing requirements for funding |
| 33 | nonrecurring and recurring costs associated with such |
| 34 | programs; limiting per-student funding to a specified |
| 35 | percentage of costs associated with state university |
| 36 | baccalaureate degree programs; providing certain reporting |
| 37 | and funding requirements; amending s. 1012.82, F.S.; |
| 38 | providing minimum teaching hour requirements for faculty |
| 39 | paid from funds appropriated for community college |
| 40 | baccalaureate degree programs; providing an effective |
| 41 | date. |
| 42 |
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| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
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| 45 | Section 1. The Office of Economic and Demographic Research |
| 46 | shall conduct a study of the higher education enrollment |
| 47 | forecasting models currently used in the state. The study must |
| 48 | analyze the current models and provide options for improvements. |
| 49 | The review shall specifically examine ways to include Florida's |
| 50 | changing demographics in the forecasts. A final report with |
| 51 | recommendations shall be submitted to the President of the |
| 52 | Senate and the Speaker of the House of Representatives by |
| 53 | February 1, 2008. |
| 54 | Section 2. (1) The Department of Education shall conduct |
| 55 | a comprehensive review of the courses that are listed in the |
| 56 | statewide course numbering system to: |
| 57 | (a) Identify courses that are listed in the system that |
| 58 | have not been taught at an institution for the preceding 5 |
| 59 | years; |
| 60 | (b) Identify courses of nonpublic postsecondary |
| 61 | institutions that may be inappropriately designated as |
| 62 | equivalent for purposes of transfer of credit; and |
| 63 | (c) Update the statewide course numbering system as |
| 64 | appropriate based on these findings. |
| 65 | (2) The Department of Education shall submit a report of |
| 66 | its findings and actions to the President of the Senate and the |
| 67 | Speaker of the House of Representatives by February 1, 2008. |
| 68 | (3) Notwithstanding any other provision of law or rule to |
| 69 | the contrary, any nonpublic postsecondary institution, as a |
| 70 | condition of initial or continued participation in the statewide |
| 71 | course numbering system, shall identify in all of its catalogs, |
| 72 | printed or electronic, the specific courses offered by the |
| 73 | institution that are included in the statewide course numbering |
| 74 | system. |
| 75 | (4) No later than July 1, 2008, the Department of |
| 76 | Education shall develop and maintain on the department's website |
| 77 | a listing of all courses in the statewide course numbering |
| 78 | system and the institutions that offer each course. The listing |
| 79 | shall be available to the public. Each institution that |
| 80 | participates in the statewide course numbering system shall |
| 81 | include in all of its catalogs, printed or electronic, a |
| 82 | statement advising the reader of the website address and its use |
| 83 | as a resource for information on the transferability of credits |
| 84 | to other Florida institutions. |
| 85 | Section 3. (1) It is the intent of the Legislature to |
| 86 | proactively shape Florida's economic future through the |
| 87 | collaboration of business, industry, and educational partners. |
| 88 | The Legislature recognizes that Florida's economic prosperity is |
| 89 | dependent on tightly aligning educational outputs and outcomes |
| 90 | with economic demands in order to shape the future economy of |
| 91 | the state. The Legislature further agrees with national and |
| 92 | state experts in their assessment that education will continue |
| 93 | to play an instrumental role in Florida's ability to compete in |
| 94 | the 21st century global economy and that inevitable demographic |
| 95 | changes necessitate a collaborative and comprehensive |
| 96 | prekindergarten-20 dialogue between educational and industry |
| 97 | experts in order to define and recommend aligned solutions. |
| 98 | Therefore, the Legislature intends to establish a formal |
| 99 | business and education collaborative to perform activities and |
| 100 | make recommendations to legislative and state policy boards |
| 101 | toward defining and attaining Florida's economic goals. |
| 102 | (2) The Florida Business and Education Collaborative is |
| 103 | established as a state-level advisory group to the Governor; the |
| 104 | Legislature; the State Board of Education; the Board of |
| 105 | Governors of the State University System; boards of independent |
| 106 | colleges, universities, and career schools; and other interested |
| 107 | parties. |
| 108 | (a) Members of the collaborative shall be appointed by the |
| 109 | Governor and shall include state business leaders; state |
| 110 | legislative members; representative leaders of state and |
| 111 | nonpublic community colleges, colleges, universities, career |
| 112 | schools, and workforce education institutions and entities; and |
| 113 | national education and economic development policy leaders. |
| 114 | (b) The collaborative shall have as a primary objective |
| 115 | the promotion of strategies in public and private postsecondary |
| 116 | education that are aligned with economic development goals. |
| 117 | (c) Responsibilities of the collaborative shall include, |
| 118 | but not be limited to: |
| 119 | 1. Collaboration with appropriate state entities to assess |
| 120 | the degree of alignment of postsecondary education programmatic |
| 121 | offerings and graduation outcomes with Florida's current and |
| 122 | future economic development needs and goals, particularly in |
| 123 | targeted occupational areas. |
| 124 | 2. Recommendations concerning measurable performance |
| 125 | outcomes, trends, standards, and targets for achievement of |
| 126 | state goals related to workforce skills, education disciplines |
| 127 | and outcomes, and research and development capacity. |
| 128 | 3. Recommendations concerning funding approaches to align |
| 129 | educational outputs to Florida's economic priorities, including |
| 130 | performance funding and contracting mechanisms. |
| 131 | (d) The collaborative shall annually report its findings |
| 132 | and recommendations to the State Board of Education, the Board |
| 133 | of Governors, the Executive Office of the Governor, the |
| 134 | President of the Senate, and the Speaker of the House of |
| 135 | Representatives by December 31. |
| 136 | Section 4. The Office of Program Policy Analysis and |
| 137 | Government Accountability (OPPAGA) shall conduct a study of the |
| 138 | implementation of existing articulation policies and identify |
| 139 | any current practices that may serve as unnecessary barriers or |
| 140 | impediments to the effective progression and transfer of |
| 141 | students within the education system and to the progress of |
| 142 | students in completing their educational objectives as rapidly |
| 143 | as their circumstances permit. The study shall review the |
| 144 | implementation of statewide course numbering credit transfer |
| 145 | policies, including the extent to which institutions fail to |
| 146 | award credit for courses designated as equivalent, and recommend |
| 147 | remediation efforts to resolve this matter. The study shall also |
| 148 | review implementation of policies relating to the award of |
| 149 | credit associated with approved articulated acceleration |
| 150 | mechanisms and the extent to which credit received through |
| 151 | acceleration mechanisms may be used to meet general education or |
| 152 | other graduation requirements. The study shall also examine how |
| 153 | students are notified about whether the credit they receive will |
| 154 | apply toward graduation requirements. The study shall identify |
| 155 | inconsistencies in implementation of articulation policies and |
| 156 | assess the impact of such inconsistencies on a student's ability |
| 157 | to complete his or her program in a more timely manner, on the |
| 158 | cost to a student of completing his or her program, and on the |
| 159 | cost to the state. The study shall also examine the |
| 160 | effectiveness of the articulation accountability process |
| 161 | established pursuant to s. 1008.38, Florida Statutes. A final |
| 162 | report with recommendations shall be submitted to the President |
| 163 | of the Senate and the Speaker of the House of Representatives by |
| 164 | February 1, 2008. |
| 165 | Section 5. Subsection (3) is added to section 267.062, |
| 166 | Florida Statutes, to read: |
| 167 | 267.062 Naming of state buildings and other facilities.-- |
| 168 | (3) Notwithstanding the provisions of subsection (1) or s. |
| 169 | 1013.79(11), any state building, road, bridge, park, |
| 170 | recreational complex, or other similar facility of a state |
| 171 | university may be named for a living person by the university |
| 172 | board of trustees in accordance with rules adopted by the Board |
| 173 | of Governors of the State University System. |
| 174 | Section 6. Subsection (15) is added to section 1001.03, |
| 175 | Florida Statutes, to read: |
| 176 | 1001.03 Specific powers of State Board of Education.-- |
| 177 | (15) COMMUNITY COLLEGE BACCALAUREATE DEGREE PROGRAMS.--The |
| 178 | State Board of Education shall provide for the review and |
| 179 | approval of proposals by community colleges to offer |
| 180 | baccalaureate degree programs pursuant to s. 1007.33. A |
| 181 | community college, as defined in s. 1000.21, that is approved to |
| 182 | offer baccalaureate degrees pursuant to s. 1007.33 remains under |
| 183 | the authority of the State Board of Education and the community |
| 184 | college's board of trustees. |
| 185 | Section 7. Subsection (3) of section 1007.33, Florida |
| 186 | Statutes, is amended to read: |
| 187 | 1007.33 Site-determined baccalaureate degree access.-- |
| 188 | (3)(a) A community college may develop a proposal to |
| 189 | deliver specified baccalaureate degree programs in its district |
| 190 | to meet local workforce needs. A community college may also |
| 191 | develop proposals to deliver baccalaureate degree programs in |
| 192 | math and science which would prepare graduates to enter a |
| 193 | teaching position in math or science. |
| 194 | (b) The community college's proposal must be submitted to |
| 195 | the State Board of Education for approval. |
| 196 | (c) The community college's proposal must include the |
| 197 | following information: |
| 198 | 1.(a) Demand for the baccalaureate degree program is |
| 199 | identified by the workforce development board, local businesses |
| 200 | and industry, local chambers of commerce, and potential |
| 201 | students. |
| 202 | 2.(b) Unmet need for graduates of the proposed degree |
| 203 | program is substantiated. |
| 204 | 3.(c) The community college has the facilities and |
| 205 | academic resources to deliver the program. |
| 206 | (d) A community college that plans to submit a proposal |
| 207 | pursuant to this subsection shall submit notice of its intent to |
| 208 | the State Board of Education, including a brief description of |
| 209 | the program that will be proposed and an estimated timeframe for |
| 210 | implementation, at least 90 days prior to submitting the |
| 211 | proposal. The State Board of Education shall advise state |
| 212 | universities and each regionally accredited private college and |
| 213 | university that is chartered in and has its primary campus |
| 214 | located in the state of the community college's notice of |
| 215 | intent. State universities shall have 60 days to submit an |
| 216 | alternative proposal to offer the baccalaureate degree program |
| 217 | on the community college campus. If the state board does not |
| 218 | receive a proposal from a state university within the 60-day |
| 219 | time period or if the university proposal is not approved, the |
| 220 | state board shall provide the regionally accredited private |
| 221 | colleges and universities 30 days to submit an alternative |
| 222 | proposal. An alternative proposal must adequately address: |
| 223 | 1. The extent to which students will be able to complete |
| 224 | the degree in the community college district. |
| 225 | 2. The level of financial commitment of the college or |
| 226 | university to the development, implementation, and maintenance |
| 227 | of the specified degree program, including timelines. |
| 228 | 3. The extent to which faculty at both the community |
| 229 | college and the college or university will collaborate in the |
| 230 | development and offering of the curriculum. |
| 231 | 4. The ability of the community college and the college or |
| 232 | university to develop and approve the curriculum for the |
| 233 | specified degree program within 6 months after an agreement |
| 234 | between the community college and the college or university is |
| 235 | signed. |
| 236 | 5. The extent to which the student may incur additional |
| 237 | costs above what the student would expect to incur if the |
| 238 | program were offered by the community college. |
| 239 | (e) The State Board of Education must consider the |
| 240 | alternative proposals in making its decision to approve or deny |
| 241 | a community college's proposal. |
| 242 | (f) If no alternative proposal is received or approved and |
| 243 | the State Board of Education determines that a community college |
| 244 | proposal is deficient, the state board must notify the community |
| 245 | college of the deficiencies in writing and provide the community |
| 246 | college the opportunity to correct the deficiencies. |
| 247 | (g) The proposal must be submitted to the Council for |
| 248 | Education Policy Research and Improvement for review and |
| 249 | comment. Upon approval of the State Board of Education for the |
| 250 | specific degree program or programs, the community college shall |
| 251 | pursue regional accreditation by the Commission on Colleges of |
| 252 | the Southern Association of Colleges and Schools. |
| 253 | (h) Any additional baccalaureate degree programs the |
| 254 | community college wishes to offer must be approved by the State |
| 255 | Board of Education. |
| 256 | (i) Approval by the State Board of Education of a |
| 257 | community college proposal to deliver a specified baccalaureate |
| 258 | degree program does not alter the governance relationship of the |
| 259 | community college with its local board of trustees or the State |
| 260 | Board of Education. |
| 261 | Section 8. Subsections (1) and (2) of section 1009.23, |
| 262 | Florida Statutes, are amended to read: |
| 263 | 1009.23 Community college student fees.-- |
| 264 | (1) Unless otherwise provided, the provisions of this |
| 265 | section applies apply only to fees charged for college credit |
| 266 | instruction leading to an associate in arts degree, an associate |
| 267 | in applied science degree, or an associate in science degree, or |
| 268 | a baccalaureate degree authorized by the State Board of |
| 269 | Education pursuant to s. 1007.33 and for noncollege credit |
| 270 | college-preparatory courses defined in s. 1004.02. |
| 271 | (2)(a) All students shall be charged fees except students |
| 272 | who are exempt from fees or students whose fees are waived. |
| 273 | (b) Tuition and out-of-state fees for upper-division |
| 274 | courses must reflect the fact that the community college has a |
| 275 | less expensive cost structure than that of a state university. |
| 276 | Therefore, the board of trustees shall establish tuition and |
| 277 | out-of-state fees for upper-division courses in baccalaureate |
| 278 | degree programs approved pursuant to s. 1007.33 consistent with |
| 279 | law and proviso language in the General Appropriations Act. |
| 280 | However, the board of trustees may not vary tuition and out-of- |
| 281 | state fees as provided in subsection (4). Identical fees shall |
| 282 | be required for all community college resident students within a |
| 283 | college who take a specific course, regardless of the program in |
| 284 | which they are enrolled. |
| 285 | Section 9. Section 1011.83, Florida Statutes, is amended |
| 286 | to read: |
| 287 | 1011.83 Financial support of community colleges.-- |
| 288 | (1) Each community college that has been approved by the |
| 289 | Department of Education and meets the requirements of law and |
| 290 | rules of the State Board of Education shall participate in the |
| 291 | Community College Program Fund. However, funds to support |
| 292 | workforce education programs conducted by community colleges |
| 293 | shall be provided pursuant to s. 1011.80. |
| 294 | (2) Funding for baccalaureate degree programs approved |
| 295 | pursuant to s. 1007.33 shall be specified in the General |
| 296 | Appropriations Act. A student in a baccalaureate degree program |
| 297 | approved pursuant to s. 1007.33 who is not classified as a |
| 298 | resident for tuition purposes pursuant to s. 1009.21 may not be |
| 299 | included in calculations of full-time equivalent enrollments for |
| 300 | state funding purposes. |
| 301 | (3) Funds specifically appropriated by the Legislature for |
| 302 | baccalaureate degree programs approved pursuant to s. 1007.33 |
| 303 | may be used only for such programs. A community college shall |
| 304 | fund the nonrecurring costs related to the initiation of a new |
| 305 | baccalaureate degree program under s. 1007.33 without new state |
| 306 | appropriations unless special grant funds are appropriated in |
| 307 | the General Appropriations Act. A new baccalaureate degree |
| 308 | program may not accept students without a recurring legislative |
| 309 | appropriation for this purpose. |
| 310 | (4) State policy for funding baccalaureate degree programs |
| 311 | approved pursuant to s. 1007.33 shall be to limit state support |
| 312 | for recurring operating purposes to no more than 85 percent of |
| 313 | the amount of state expenditures for direct instruction per |
| 314 | credit hour in upper-level state university programs. A |
| 315 | community college may temporarily exceed this limit due to |
| 316 | normal enrollment fluctuations or unforeseeable circumstances or |
| 317 | while phasing in new programs. This subsection does not |
| 318 | authorize the Department of Education to withhold legislative |
| 319 | appropriations to any community college. |
| 320 | (5) A community college that grants baccalaureate degrees |
| 321 | shall maintain reporting and funding distinctions between any |
| 322 | baccalaureate degree program approved under s. 1007.33 and any |
| 323 | other baccalaureate degree programs involving traditional |
| 324 | concurrent-use partnerships. |
| 325 | Section 10. Section 1012.82, Florida Statutes, is amended |
| 326 | to read: |
| 327 | 1012.82 Teaching faculty; minimum teaching hours per |
| 328 | week.--Each full-time member of the teaching faculty at any |
| 329 | community college who is paid wholly from funds appropriated |
| 330 | from the community college program fund or from funds |
| 331 | appropriated for community college baccalaureate degree programs |
| 332 | shall teach a minimum of 15 classroom contact hours per week at |
| 333 | such institution. However, the required classroom contact hours |
| 334 | per week may be reduced upon approval of the president of the |
| 335 | institution in direct proportion to specific duties and |
| 336 | responsibilities assigned the faculty member by his or her |
| 337 | departmental chair or other appropriate college administrator. |
| 338 | Such specific duties may include specific research duties, |
| 339 | specific duties associated with developing television, video |
| 340 | tape, or other specifically assigned innovative teaching |
| 341 | techniques or devices, or assigned responsibility for off-campus |
| 342 | student internship or work-study programs. A "classroom contact |
| 343 | hour" consists of a regularly scheduled classroom activity of |
| 344 | not less than 50 minutes in a course of instruction which has |
| 345 | been approved by the community college board of trustees. Any |
| 346 | full-time faculty member who is paid partly from community |
| 347 | college program funds and partly from other funds or |
| 348 | appropriations shall teach a minimum number of classroom contact |
| 349 | hours per week in such proportion to 15 classroom contact hours |
| 350 | as his or her salary paid from community college program funds |
| 351 | bears to his or her total salary. Any full-time faculty member |
| 352 | who is paid partly from funds appropriated for community college |
| 353 | baccalaureate degree programs and partly from other funds or |
| 354 | appropriations shall teach a minimum number of classroom contact |
| 355 | hours per week in such proportion to 15 classroom contact hours |
| 356 | as his or her salary paid from funds appropriated for community |
| 357 | college baccalaureate degree programs bears to his or her total |
| 358 | salary. |
| 359 | Section 11. This act shall take effect upon becoming a |
| 360 | law. |