Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 2682 Barcode 909180 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/20/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;