| 1 | A bill to be entitled |
| 2 | An act relating to postsecondary distance learning; |
| 3 | establishing the Florida Distance Learning Task Force; |
| 4 | providing for membership; requiring the task force to |
| 5 | submit a report containing certain recommendations to the |
| 6 | Governor, the Legislature, and certain entities by a |
| 7 | specified date; providing for future expiration; creating |
| 8 | s. 1004.09, F.S.; establishing the Florida Higher |
| 9 | Education Distance Learning Catalog; requiring that the |
| 10 | Florida Distance Learning Consortium establish guidelines |
| 11 | and procedures and provide information on certain |
| 12 | requirements and information relating to distance learning |
| 13 | courses and degree programs; requiring that the catalog |
| 14 | include an Internet-based analytic tool that collects and |
| 15 | analyzes certain data; amending s. 1009.23, F.S.; |
| 16 | exempting a distance learning course from laboratory fees; |
| 17 | authorizing the State Board of Education to adopt rules; |
| 18 | authorizing a community college to assess a student |
| 19 | enrolled in a course listed in the catalog a per-credit- |
| 20 | hour user fee; requiring that such fee not exceed a |
| 21 | certain amount; prohibiting the assessment of other fees |
| 22 | if the distance learning course user fee is assessed; |
| 23 | requiring that the board of trustees report to the |
| 24 | Division of Community Colleges the total amount of revenue |
| 25 | generated by such fee for the preceding year and how such |
| 26 | fee was expended; requiring that the link for the catalog |
| 27 | be prominently displayed on the institution's website; |
| 28 | amending s. 1009.24, F.S.; authorizing a state university |
| 29 | to assess a per-credit-hour distance learning course fee; |
| 30 | requiring that such fee not exceed a certain amount; |
| 31 | prohibiting the state university from assessing |
| 32 | duplicative fees to cover the same additional costs; |
| 33 | requiring that the link to the catalog be prominently |
| 34 | displayed on the institution's website; providing an |
| 35 | effective date. |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. Florida Distance Learning Task Force.-- |
| 40 | (1) The Florida Distance Learning Task Force is |
| 41 | established to make recommendations to facilitate access to |
| 42 | undergraduate distance learning resources that enable public |
| 43 | postsecondary educational institutions to fulfill their missions |
| 44 | while contributing to and sharing in the distance learning |
| 45 | resources of the Florida Distance Learning Consortium. |
| 46 | (2)(a) Members of the task force shall be appointed by the |
| 47 | chancellors of the Division of Community Colleges and the Board |
| 48 | of Governors and shall be comprised of nine members. |
| 49 | (b) The membership of the task force shall consist of: |
| 50 | 1. Four members from the State University System, with one |
| 51 | member being a state university president, one member having |
| 52 | experience in academic affairs or student affairs, one member |
| 53 | having experience in finance or business services, and one |
| 54 | member being from the Chancellor's Office of the Board of |
| 55 | Governors and having experience in distance learning education. |
| 56 | 2. Four members from the Community College System, with |
| 57 | one member being a community college president, one member |
| 58 | having experience in academic affairs or student affairs, one |
| 59 | member having experience in finance or business services, and |
| 60 | one member being from the Chancellor's Office of the Division of |
| 61 | Community Colleges and having experience in distance learning |
| 62 | education. |
| 63 | 3. One member who is the executive director of the Florida |
| 64 | Distance Learning Consortium. |
| 65 | (3) The task force shall submit to the Governor, the |
| 66 | President of the Senate, the Speaker of the House of |
| 67 | Representatives, the State Board of Education, the Board of |
| 68 | Governors, and the university and community college boards of |
| 69 | trustees, no later than March 1, 2009, a detailed report that |
| 70 | includes, but is not limited to, recommendations regarding: |
| 71 | (a) The management and promotion of the Florida Higher |
| 72 | Education Distance Learning Catalog pursuant to s. 1004.09, |
| 73 | Florida Statutes, to help increase student access to |
| 74 | undergraduate distance learning courses and degree programs and, |
| 75 | in particular, students seeking accelerated access in order to |
| 76 | complete their degrees. |
| 77 | (b) The creation of a central content repository for |
| 78 | instructional resources which can be used by faculty in |
| 79 | developing, evaluating, and enhancing distance learning courses |
| 80 | and degree programs. |
| 81 | (c) The potential use of distance learning as a means to |
| 82 | address critical educational needs of the state. |
| 83 | (d) The evaluation and promotion of new and proven |
| 84 | instructional methods, emerging technologies, and quality |
| 85 | distance learning courses and degree programs. |
| 86 | (e) The coordination and support of educational programs |
| 87 | and other training opportunities for faculty and professional |
| 88 | staff in developing, evaluating, and enhancing distance learning |
| 89 | courses and degree programs. |
| 90 | (f) A process for negotiating statewide licensing and |
| 91 | pricing agreements for distance learning resources and entering |
| 92 | into agreements with distance learning resource providers when |
| 93 | such negotiations and agreements result in cost savings for the |
| 94 | participating institutions. |
| 95 | (g) Opportunities for building partnerships among |
| 96 | educational institutions, businesses, and communities. |
| 97 | (h) Methods that will improve student access to and |
| 98 | completion of distance learning courses and degree programs. |
| 99 | (i) Policies that address ways to increase access and |
| 100 | cost-effectiveness in the development and delivery of |
| 101 | undergraduate distance learning courses and degree programs. |
| 102 | Such recommended policies must address the cost variations that |
| 103 | exist within the delivery system and identify the best practices |
| 104 | that minimize costs of the development and delivery of distance |
| 105 | learning courses while enhancing the effectiveness of |
| 106 | instruction. |
| 107 | (j) An accountability mechanism to assess the |
| 108 | effectiveness of the services provided by the Florida Distance |
| 109 | Learning Consortium. |
| 110 | (k) The future role of the Florida Distance Learning |
| 111 | Consortium as a facilitator of the state's public undergraduate |
| 112 | postsecondary distance learning. |
| 113 | (l) A process for reporting on the data collected by the |
| 114 | Florida Higher Education Distance Learning Catalog. |
| 115 | (m) The definition of a distance learning course. |
| 116 | (n) A plan for developing and implementing an online |
| 117 | system that streamlines and automates the registration process |
| 118 | for students who have been admitted to a public postsecondary |
| 119 | educational institution and who wish to enroll in a course |
| 120 | listed in the Florida Higher Education Distance Learning |
| 121 | Catalog. The task force shall identify and address the |
| 122 | applicable administrative, programmatic, and technical issues |
| 123 | and protocols necessary to ensure the implementation of such a |
| 124 | system as an alternative to the standard registration process of |
| 125 | each institution which complies with the academic policies and |
| 126 | procedures of the institutions offering the course. At a |
| 127 | minimum, the system must: |
| 128 | 1. Allow a qualified student to register for any |
| 129 | undergraduate course listed in the catalog, including courses |
| 130 | offered by an institution that is not the student's degree- |
| 131 | granting or home institution. |
| 132 | 2. Allow for the expedited transfer of the distance |
| 133 | learning course credit awarded by the institution offering the |
| 134 | distance learning course to the student's degree-granting or |
| 135 | home institution upon the student's successful completion of the |
| 136 | distance learning course. |
| 137 | 3. Be accessible from the catalog. |
| 138 | 4. Comply with applicable technology security standards |
| 139 | and guidelines established by the Agency for Enterprise |
| 140 | Information Technology to ensure the secure transmission of |
| 141 | student information. |
| 142 | (4) This section expires July 1, 2009. |
| 143 | Section 2. Section 1004.09, Florida Statutes, is created |
| 144 | to read: |
| 145 | 1004.09 Florida Higher Education Distance Learning |
| 146 | Catalog.-- |
| 147 | (1) The Florida Higher Education Distance Learning Catalog |
| 148 | is established as an interactive, Internet-based central point |
| 149 | of access to distance learning courses, degree programs, and |
| 150 | resources offered by public postsecondary educational |
| 151 | institutions and is intended to assist in the coordination and |
| 152 | collaboration of articulation and access pursuant to part II of |
| 153 | chapter 1007. |
| 154 | (2) The Florida Distance Learning Consortium must |
| 155 | establish operational guidelines and procedures for the catalog, |
| 156 | which must include: |
| 157 | (a) Requiring participating institutions to provide clear, |
| 158 | complete, and timely information concerning requirements for the |
| 159 | distance learning course and degree program, the type of |
| 160 | required technology and technical equipment, any prerequisite |
| 161 | courses or technology competencies and skills, the availability |
| 162 | of academic support services, financial aid resources, and the |
| 163 | costs, fees, and payment information and policies. |
| 164 | (b) Requiring that distance learning courses and degree |
| 165 | programs meet applicable and appropriate accreditation standards |
| 166 | and criteria. |
| 167 | (c) Requiring that, at a minimum, the catalog is reviewed |
| 168 | at the start of each academic semester to ensure distance |
| 169 | learning courses and degree programs comply with the operational |
| 170 | guidelines and procedures established by the Florida Distance |
| 171 | Learning Consortium. |
| 172 | (3) The catalog must include an Internet-based analytic |
| 173 | tool that allows for the collection and analysis of data, |
| 174 | including: |
| 175 | (a) The number and type of students who use the catalog to |
| 176 | search for distance learning courses and degree programs. |
| 177 | (b) The number and type of requests for information on |
| 178 | distance learning courses and degree programs that are not |
| 179 | listed in the catalog. |
| 180 | (c) The comparison of distance learning course and degree |
| 181 | program cost data. |
| 182 | (d) An evaluation of course completions, graduation, and |
| 183 | retention rates of students enrolled in distance learning |
| 184 | courses. |
| 185 | (e) The summary of specific requests by course type or |
| 186 | course number, delivery method, offering institution, and |
| 187 | semester. |
| 188 | (f) Other types of data as determined by the consortium. |
| 189 | Section 3. Subsection (12) of section 1009.23, Florida |
| 190 | Statutes, is amended, present subsection (16) of that section is |
| 191 | redesignated as subsection (17), and a new subsection (16) is |
| 192 | added to that section, to read: |
| 193 | 1009.23 Community college student fees.-- |
| 194 | (12)(a) In addition to tuition, out-of-state, financial |
| 195 | aid, capital improvement, student activity and service, and |
| 196 | technology fees authorized in this section, each community |
| 197 | college board of trustees is authorized to establish fee |
| 198 | schedules for the following user fees and fines: laboratory |
| 199 | fees, which do not apply to a distance learning course; parking |
| 200 | fees and fines; library fees and fines; fees and fines relating |
| 201 | to facilities and equipment use or damage; access or |
| 202 | identification card fees; duplicating, photocopying, binding, or |
| 203 | microfilming fees; standardized testing fees; diploma |
| 204 | replacement fees; transcript fees; application fees; graduation |
| 205 | fees; and late fees related to registration and payment. Such |
| 206 | user fees and fines shall not exceed the cost of the services |
| 207 | provided and shall only be charged to persons receiving the |
| 208 | service. A community college may not charge any fee except as |
| 209 | authorized by law or rules of the State Board of Education. |
| 210 | Parking fee revenues may be pledged by a community college board |
| 211 | of trustees as a dedicated revenue source for the repayment of |
| 212 | debt, including lease-purchase agreements and revenue bonds with |
| 213 | terms not exceeding 20 years and not exceeding the useful life |
| 214 | of the asset being financed. Community colleges shall use the |
| 215 | services of the Division of Bond Finance of the State Board of |
| 216 | Administration to issue any revenue bonds authorized by the |
| 217 | provisions of this subsection. Any such bonds issued by the |
| 218 | Division of Bond Finance shall be in compliance with the |
| 219 | provisions of the State Bond Act. Bonds issued pursuant to the |
| 220 | State Bond Act shall be validated in the manner established in |
| 221 | chapter 75. The complaint for such validation shall be filed in |
| 222 | the circuit court of the county where the seat of state |
| 223 | government is situated, the notice required to be published by |
| 224 | s. 75.06 shall be published only in the county where the |
| 225 | complaint is filed, and the complaint and order of the circuit |
| 226 | court shall be served only on the state attorney of the circuit |
| 227 | in which the action is pending. |
| 228 | (b) The State Board of Education may adopt rules pursuant |
| 229 | to ss. 120.536(1) and 120.54 to administer this subsection. |
| 230 | (16)(a) Each community college may assess a student who |
| 231 | enrolls in a course listed in the Florida Higher Education |
| 232 | Distance Learning Catalog established pursuant to s. 1004.09 a |
| 233 | per-credit-hour distance learning course user fee. |
| 234 | (b) The amount of the distance learning course user fee |
| 235 | may not exceed the additional costs of the services provided |
| 236 | which are attributable to the development and delivery of the |
| 237 | distance learning course. If a community college assesses the |
| 238 | distance learning course user fee, the institution may not |
| 239 | assess any other fees to cover the additional costs. By |
| 240 | September 1 of each year, each board of trustees shall report to |
| 241 | the Division of Community Colleges the total amount of revenue |
| 242 | generated by the distance learning course user fee for the prior |
| 243 | academic year and how the revenue was expended. |
| 244 | (c) The link for the catalog must be prominently displayed |
| 245 | on the institution's website to inform students of the catalog. |
| 246 | Section 4. Present subsection (17) of section 1009.24, |
| 247 | Florida Statutes, is redesignated as subsection (18), and a new |
| 248 | subsection (17) is added to that section, to read: |
| 249 | 1009.24 State university student fees.-- |
| 250 | (17)(a) A state university may assess a student who |
| 251 | enrolls in a course listed in the Florida Higher Education |
| 252 | Distance Learning Catalog established pursuant to s. 1004.09 a |
| 253 | per-credit-hour distance learning course fee. |
| 254 | (b) The amount of the distance learning course fee may not |
| 255 | exceed the additional costs of the services provided which are |
| 256 | attributable to the development and delivery of the distance |
| 257 | learning course. If the distance learning course fee is assessed |
| 258 | by a state university, the institution may not assess |
| 259 | duplicative fees to cover the additional costs. |
| 260 | (c) The link for the catalog must be prominently displayed |
| 261 | on the institution's website informing students of the catalog. |
| 262 | Section 5. This act shall take effect July 1, 2008. |