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;