Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2682
       
       
       
       
       
       
                                Barcode 909180                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on Higher Education Appropriations (Lynn)
       recommended the following:
       
    1         Senate Substitute for Amendment (743556) (with title
    2  amendment)
    3  
    4         Delete lines 324 - 410
    5  and insert:
    6         (2)Any Florida college that offers one or more
    7  baccalaureate degree programs must:
    8         (a)Maintain as its primary mission:
    9         1.Responsibility for responding to community needs for
   10  postsecondary academic education and career degree education as
   11  prescribed in s. 1004.65(5).
   12         2.The provision of associate degrees that provide access
   13  to a university.
   14         (b)Maintain an open-door admission policy for associate
   15  level degree programs and workforce education programs.
   16         (c)Continue to provide outreach to underserved
   17  populations.
   18         (d)Continue to provide remedial education.
   19         (e)Comply with all provisions of the statewide
   20  articulation agreement which relate to 2-year and 4-year public
   21  degree-granting institutions as adopted by the State Board of
   22  Education pursuant to s. 1007.23.
   23         (f)Not award graduate credit.
   24         (g)Not participate in intercollegiate athletics beyond the
   25  2-year level.
   26         (3)A Florida college may not terminate its associate in
   27  arts or associate in science degree programs as a result of
   28  being authorized to offer one or more baccalaureate degree
   29  programs. The Legislature intends that the primary
   30  responsibility of a Florida college, including a Florida college
   31  that offers baccalaureate degree programs, continues to be the
   32  provision of associate degrees that provide access to a
   33  university.
   34         (4)A Florida college may:
   35         (a)Offer specified baccalaureate degree programs through
   36  formal agreements between the Florida college and other
   37  regionally accredited postsecondary educational institutions
   38  pursuant to s. 1007.22.
   39         (b)Offer baccalaureate degree programs that were
   40  authorized by law prior to July 1, 2009.
   41         (c)Beginning July 1, 2009, establish a first or subsequent
   42  baccalaureate degree program for purposes of meeting district,
   43  regional, or statewide workforce needs if approved by the State
   44  Board of Education under this section.
   45  
   46  Beginning July 1, 2009, the Board of Trustees of the St.
   47  Petersburg College is authorized to establish one or more
   48  bachelor of applied science degree programs based on an analysis
   49  of workforce needs in Pinellas, Pasco, and Hernando Counties and
   50  other counties approved by the Department of Education. For each
   51  program selected, St. Petersburg College must offer a related
   52  associate in science or associate in applied science degree
   53  program, and the baccalaureate degree level program must be
   54  designed to articulate fully with at least one associate in
   55  science degree program. The college is encouraged to develop
   56  articulation agreements for enrollment of graduates of related
   57  associate in applied science degree programs. The Board of
   58  Trustees of the St. Petersburg College is authorized to
   59  establish additional baccalaureate degree programs if it
   60  determines a program is warranted and feasible based on each of
   61  the factors in paragraph (5)(d). Prior to developing or
   62  proposing a new baccalaureate degree program, St. Petersburg
   63  College shall engage in need, demand, and impact discussions
   64  with the state university in its service district and other
   65  local and regional, accredited postsecondary providers in its
   66  region. Documentation, data, and other information from inter
   67  institutional discussions regarding program need, demand, and
   68  impact shall be provided to the College’s Board of Trustees to
   69  inform the program approval process.
   70         (5)The approval process for baccalaureate degree programs
   71  shall require:
   72         (a)Each Florida college to submit a notice of its intent
   73  to propose a baccalaureate degree program to the Division of
   74  Florida Colleges at least 100 days before the submission of its
   75  proposal under paragraph (d). The notice must include a brief
   76  description of the program, the workforce demand and unmet need
   77  for graduates of the program, the geographic region to be
   78  served, and an estimated timeframe for implementation. Notices
   79  of intent may be submitted by a Florida college at any time
   80  throughout the year.
   81         (b)The Division of Florida Colleges to forward the notice
   82  of intent within 10 business days after receiving such notice to
   83  the Chancellor of the State University System, the President of
   84  the Independent Colleges and Universities of Florida, and the
   85  Executive Director of the Council for Independent Education.
   86  State universities shall have 60 days following receipt of the
   87  notice by the Chancellor of the State University System to
   88  submit an alternative proposal to offer the baccalaureate degree
   89  program. If a proposal from a state university is not received
   90  within the 60-day period, the State Board of Education shall
   91  provide regionally accredited private colleges and universities
   92  30 days to submit an alternative proposal. Alternative proposals
   93  shall be submitted to the Division of Florida Colleges and must
   94  be considered by the State Board of Education in making its
   95  decision to approve or deny a Florida college’s proposal.
   96         (c)An alternative proposal submitted by a state university
   97  or private college or university to adequately address:
   98         1.The extent to which the workforce demand and unmet need
   99  described in the notice of intent will be met.
  100         2.The extent to which students will be able to complete
  101  the degree in the geographic region proposed to be served by the
  102  Florida college.
  103         3.The level of financial commitment of the college or
  104  university to the development, implementation, and maintenance
  105  of the specified degree program, including timelines.
  106         4.The extent to which faculty at both the Florida college
  107  and the college or university will collaborate in the
  108  development and offering of the curriculum.
  109         5.The ability of the Florida college and the college or
  110  university to develop and approve the curriculum for the
  111  specified degree program within 6 months after an agreement
  112  between the Florida college and the college or university is
  113  signed.
  114         6.The extent to which the student may incur additional
  115  costs above what the student would expect to incur if the
  116  program were offered by the Florida college.
  117         (d)Each proposal submitted by a Florida college to, at a
  118  minimum, include:
  119         1.A description of the planning process and timeline for
  120  implementation.
  121         2.An analysis of workforce demand and unmet need for
  122  graduates of the program on a district, regional, or statewide
  123  basis, as appropriate.
  124         3.Identification of the facilities, equipment, and library
  125  and academic resources that will be used to deliver the program.
  126         4.The program cost analysis of creating a new
  127  baccalaureate degree when compared to alternative proposals and
  128  other program delivery options.
  129         5.The program’s admission requirements, academic content,
  130  curriculum, faculty credentials, student-to-teacher ratios, and
  131  accreditation plan.
  132         6.The program’s enrollment projections and funding
  133  requirements.
  134         7.A plan of action if the program is terminated.
  135         (e)The Division of Florida Colleges to review the
  136  proposal, notify the Florida college of any deficiencies in
  137  writing within 30 days following receipt of the proposal, and
  138  provide the Florida college with an opportunity to correct the
  139  deficiencies. Within 45 days following receipt of a completed
  140  proposal by the Division of Florida Colleges, the Commissioner
  141  of Education shall recommend approval or disapproval of the
  142  proposal to the State Board of Education. The State Board of
  143  Education shall consider such recommendation, the proposal, and
  144  any alternative proposals at its next meeting. If the State
  145  Board of Education disapproves the Florida college’s proposal,
  146  it shall provide the Florida college with written reasons for
  147  that determination.
  148         (f)The Florida college to obtain from the Commission on
  149  Colleges of the Southern Association of Colleges and Schools:
  150         1.Accreditation as a baccalaureate-degree-granting
  151  institution if approved by the State Board of Education to offer
  152  its first baccalaureate degree program; or
  153         2.Notification of degree programs that are approved and
  154  comply with the required substantive change protocols for
  155  accreditation purposes.
  156         (6)(a)Beginning July 1, 2010, and each subsequent July 1,
  157  the Division of Florida Colleges may accept and review
  158  applications from a Florida college to obtain an exemption from
  159  the State Board of Education’s approval for subsequent degrees
  160  as required in subsection (5), if the Florida college is
  161  accredited by the Commission on Colleges of the Southern
  162  Association of Colleges and Schools as a baccalaureate-degree
  163  granting institution and has been offering baccalaureate degree
  164  programs for 3 or more years. The division shall develop
  165  criteria for determining eligibility for an exemption based upon
  166  demonstrated compliance with the requirements for baccalaureate
  167  degrees, primary mission, and fiscal, including, but not limited
  168  to:
  169         1.Obtaining and maintaining appropriate SACS
  170  accreditation;
  171         2.The maintenance of qualified faculty and institutional
  172  resources;
  173         3.The maintenance of enrollment projections in previously
  174  approved programs;
  175         4.The appropriate management of fiscal resources;
  176         5.Compliance with the primary mission and responsibility
  177  requirements in subsections (2) and (3);
  178         6.The timely submission of the institution’s annual
  179  performance accountability report; and
  180         7.Other indicators of success such as program completers,
  181  placements, and surveys of students and employers.
  182         (b)If the Florida college has demonstrated satisfactory
  183  progress in fulfilling the eligibility criteria in this
  184  subsection, the Division of Florida Colleges may recommend to
  185  the State Board of Education that the institution be exempt from
  186  the requirement in subsection (5) for approval of future
  187  baccalaureate degree programs. The State Board of Education
  188  shall review the division’s recommendation and determine if an
  189  exemption is warranted. If the State Board of Education approves
  190  the application, the Florida College is exempt from subsequent
  191  program approval under subsection (5) and such authority is
  192  delegated to the Florida college board of trustees. If the State
  193  Board of Education disapproves of the Florida College’s request
  194  for an exemption, the college shall continue to be subject to
  195  State Board of Education’s approval of subsequent baccalaureate
  196  degree programs.
  197         (c)Prior to developing or proposing a new baccalaureate
  198  degree program, all Florida Colleges, regardless of an exemption
  199  from subsection (5), shall:
  200         1.Engage in need, demand, and impact discussions with the
  201  state university in their service district and other local and
  202  regional, accredited postsecondary providers in their region.
  203         2.Send documentation, data, and other information from the
  204  inter-institutional discussions regarding program need, demand,
  205  and impact required in subparagraph 1. to the College’s Board of
  206  Trustees, the Division of Florida Colleges, and the Chancellor
  207  of the State University System.
  208         3.Base Board of Trustees approval of the new program upon
  209  the documentation, data, and other information required in this
  210  paragraph and the factors in subsection (5)(d).
  211  
  212  The Division of Florida Colleges shall use the documentation,
  213  data, and other information required in this subsection,
  214  including information from the Chancellor of the State
  215  University System, in its compliance review.
  216         (d)The Board of Trustees of a Florida College that is
  217  exempt from subsection (5) must submit newly approved programs
  218  to the Division of Florida Colleges and SACS within 30 days
  219  after approval.
  220         (e)Within 30 days after receiving the approved
  221  baccalaureate degree program, the Division of Florida Colleges
  222  shall conduct a compliance review and notify the college if the
  223  proposal meets the criteria for implementation based upon the
  224  criteria in paragraphs (5)(d) and (6)(c). If the program fails
  225  to meet the criteria for implementation as determined by the
  226  Division of Florida Colleges, the college may not proceed with
  227  implementation of the program until the State Board of Education
  228  reviews the proposal and the compliance materials and gives its
  229  final approval of the program.
  230  
  231  ================= T I T L E  A M E N D M E N T ================
  232         And the title is amended as follows:
  233         Delete lines 36 - 58
  234  and insert:
  235         amending s. 1007.33, F.S.; providing a definition for
  236         the term “district”; providing that Florida colleges
  237         may offer specified baccalaureate degree programs
  238         through agreements with regionally accredited
  239         postsecondary educational institutions; authorizing
  240         Florida colleges to offer baccalaureate degree
  241         programs authorized by law prior to the act’s
  242         effective date; requiring State Board of Education
  243         approval for baccalaureate degree programs proposed by
  244         a Florida college after the act’s effective date;
  245         specifying the purposes for which a baccalaureate
  246         degree program may be proposed; providing an exemption
  247         from the requirement for State Board of Education
  248         approval for specified baccalaureate degree programs
  249         offered by St. Petersburg College; authorizing the
  250         Division of Florida Colleges to accept and review
  251         applications from Florida colleges to obtain an
  252         exemption from the requirement for State Board of
  253         Education approval if certain conditions are met;
  254         providing eligibility criteria for such exemption;
  255         requiring that the division recommend an institution
  256         for exemption to the board; requiring that the board
  257         review such recommendation for approval or
  258         disapproval; requiring that all Florida Colleges
  259         engage in need, demand, and impact discussions;
  260         requiring that documentation, data, and other
  261         information be provided to certain educational
  262         entities; providing for a compliance review of
  263         approved baccalaureate degree programs; specifying the
  264         approval process for baccalaureate degree programs;
  265         specifying contents of a proposal for a baccalaureate
  266         degree program; specifying requirements for Florida
  267         colleges offering baccalaureate degree programs;
  268         requiring that the State Board of Education adopt
  269         specified rules; conforming provisions to changes made
  270         by the act;