Florida Senate - 2011                                    SB 1194
       
       
       
       By Senator Oelrich
       
       
       
       
       14-01050-11                                           20111194__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 1004.04, F.S.; deleting provisions relating to the
    4         College-Level Academic Skills Test (CLAST); amending
    5         s. 1004.68, F.S.; deleting provisions relating to the
    6         use of test scores for assessment of college-level
    7         communication and computation skills; amending s.
    8         1007.01, F.S.; providing legislative intent and
    9         requirements relating to articulation; requiring the
   10         establishment of the Articulation Coordinating
   11         Committee and providing its responsibilities; amending
   12         s. 1007.25, F.S.; deleting provisions relating to the
   13         CLAST and authorized examinations that demonstrate
   14         mastery of certain academic competencies; revising
   15         degree requirements; amending ss. 1007.264 and
   16         1007.265, F.S.; deleting provisions that exclude
   17         students with intellectual disabilities from
   18         eligibility for substitute requirements for admission
   19         to or graduation from a public postsecondary
   20         educational institution; amending s. 1008.30, F.S.;
   21         revising requirements of the common placement testing
   22         program; requiring access to approved remedial
   23         instruction; requiring rules for remediation
   24         opportunities, retesting, and academic competencies;
   25         requiring that students be advised of academic
   26         requirements, financial aid eligibility, and certain
   27         costs; amending s. 1008.345, F.S.; deleting Department
   28         of Education duties relating to tests and assessment
   29         procedures that measure student achievement of
   30         college-level communication and computation skills;
   31         amending s. 1008.38, F.S.; revising and conforming
   32         provisions relating to the articulation process;
   33         amending s. 1009.534, F.S.; revising provisions
   34         relating to approval of community service work for
   35         eligibility for the Florida Academic Scholars award;
   36         amending ss. 467.009 and 1012.56, F.S.; deleting
   37         provisions relating to the CLAST; providing an
   38         effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Paragraph (b) of subsection (4) of section
   43  1004.04, Florida Statutes, is amended to read:
   44         1004.04 Public accountability and state approval for
   45  teacher preparation programs.—
   46         (4) INITIAL STATE PROGRAM APPROVAL.—
   47         (b) Each teacher preparation program approved by the
   48  Department of Education, as provided for by this section, shall
   49  require students to meet the following as prerequisites for
   50  admission into the program:
   51         1. Have a grade point average of at least 2.5 on a 4.0
   52  scale for the general education component of undergraduate
   53  studies or have completed the requirements for a baccalaureate
   54  degree with a minimum grade point average of 2.5 on a 4.0 scale
   55  from any college or university accredited by a regional
   56  accrediting association as defined by State Board of Education
   57  rule or any college or university otherwise approved pursuant to
   58  State Board of Education rule.
   59         2. Demonstrate mastery of general knowledge, including the
   60  ability to read, write, and compute, by passing the General
   61  Knowledge Test of the Florida Teacher Certification Examination,
   62  the College Level Academic Skills Test, a corresponding
   63  component of the National Teachers Examination series, or a
   64  similar test pursuant to rules of the State Board of Education.
   65  
   66  Each teacher preparation program may waive these admissions
   67  requirements for up to 10 percent of the students admitted.
   68  Programs shall implement strategies to ensure that students
   69  admitted under a waiver receive assistance to demonstrate
   70  competencies to successfully meet requirements for
   71  certification.
   72         Section 2. Section 1004.68, Florida Statutes, is amended to
   73  read:
   74         1004.68 Community college; degrees and certificates; tests
   75  for certain skills.—
   76         (1) Each community college board of trustees shall adopt
   77  rules establishing student performance standards for the award
   78  of degrees and certificates.
   79         (2) Each community college board of trustees shall require
   80  the use of scores on tests for college-level communication and
   81  computation skills provided in s. 1008.345(7) as a condition for
   82  graduation with an associate in arts degree.
   83         Section 3. Section 1007.01, Florida Statutes, is amended to
   84  read:
   85         1007.01 Articulation; legislative intent; purpose; role of
   86  the State Board of Education and the Board of Governors;
   87  articulation coordinating committee.—
   88         (1) It is the intent of the Legislature to facilitate
   89  articulation and seamless integration of the K-20 education
   90  system by building, and sustaining, and strengthening
   91  relationships among K-20 public organizations, between public
   92  and private organizations, and between the education system as a
   93  whole and Florida’s communities. The purpose of building, and
   94  sustaining, and strengthening these relationships is to provide
   95  for the efficient and effective progression and transfer of
   96  students within the education system and to allow students to
   97  proceed toward their educational objectives as rapidly as their
   98  circumstances permit. The Legislature further intends that
   99  articulation policies and budget actions be implemented
  100  consistently in the practices of the Department of Education and
  101  postsecondary educational institutions and expressed in the
  102  collaborative policy efforts of the State Board of Education and
  103  the Board of Governors.
  104         (2) To improve and facilitate articulation systemwide, the
  105  State Board of Education and the Board of Governors shall
  106  collaboratively establish recommend policies and guidelines to
  107  the Legislature with input from statewide K-20 advisory groups
  108  established by the Commissioner of Education and the Chancellor
  109  of the State University System and shall recommend the policies
  110  and guidelines to the Legislature. The policies and guidelines
  111  shall relate relating to:
  112         (a) The alignment between the exit requirements of one
  113  system and the admissions requirements of another system into
  114  which students typically transfer.
  115         (b) The identification of common courses, the level of
  116  courses, institutional participation in a statewide course
  117  numbering system, and the transferability of credits among such
  118  institutions.
  119         (c) Identification of courses that meet general education
  120  or common degree program prerequisite requirements at public
  121  postsecondary educational institutions.
  122         (d) Dual enrollment course equivalencies.
  123         (e) Articulation agreements.
  124         (3) The Commissioner of Education, in consultation with the
  125  Chancellor of the State University System, shall establish the
  126  Articulation Coordinating Committee, which shall report to the
  127  commissioner. The committee shall be a K-20 advisory group that
  128  consists of members representing the State University System,
  129  the Florida College System, public career and technical
  130  education, public K-12 education, and nonpublic education, with
  131  at least one member representing students. The commissioner
  132  shall appoint a chair from the membership. The committee shall:
  133         (a) Propose monitoring, compliance, and reporting systems
  134  to facilitate and ensure institutional compliance with state
  135  articulation policies.
  136         (b) Propose guidelines for interinstitutional agreements
  137  between and among public schools, career and technical education
  138  centers, Florida College System institutions, and state
  139  universities.
  140         (c) Establish groups of public and nonpublic educational
  141  institution representatives to facilitate articulation.
  142         (d) Conduct a continuing review of statewide articulation
  143  statutes, rules, regulations, and agreements and make
  144  recommendations to the State Board of Education and the Board of
  145  Governors for revisions.
  146         (e) Review the application of transfer credit requirements
  147  from public and nonpublic institutions participating in the
  148  statewide course numbering system, including, but not limited
  149  to, instances of student transfer and admissions difficulties.
  150         (f) Examine statewide data regarding articulation,
  151  recommend resolutions for issues, and propose programmatic and
  152  budget policies and procedures to improve articulation
  153  throughout the K-20 education system.
  154         (g) Recommend roles and responsibilities of public
  155  education entities in interfacing with the single, statewide
  156  computer-assisted student advising system established pursuant
  157  to s. 1007.28, including, but not limited to, functionality
  158  requirements, data needs, and appropriate reporting timelines.
  159         Section 4. Subsection (12) of section 1007.25, Florida
  160  Statutes, is amended to read:
  161         1007.25 General education courses; common prerequisites;
  162  and other degree requirements.—
  163         (12)(a) A public postsecondary educational institution may
  164  not confer an associate in arts or baccalaureate degree upon any
  165  student who fails to successfully complete one of the following
  166  requirements:
  167         1. Achieve a score that meets or exceeds a minimum score on
  168  a nationally standardized examination, as established by the
  169  State Board of Education in conjunction with the Board of
  170  Governors; or
  171         2. demonstrate successful mastery remediation of any
  172  academic competencies deficiencies and achieve a cumulative
  173  grade point average of 2.0 2.5 or above, on a 4.0 scale, in
  174  postsecondary-level coursework identified by the State Board of
  175  Education in conjunction with the Board of Governors. The
  176  Department of Education shall specify the means by which a
  177  student may demonstrate successful remediation.
  178         (b) Any student who, in the best professional opinion of
  179  the postsecondary educational institution, has a specific
  180  learning disability such that the student cannot demonstrate
  181  successful mastery of one or more of the authorized examinations
  182  but is achieving at the college level in every area despite his
  183  or her disability, and whose diagnosis indicates that further
  184  remediation will not succeed in overcoming the disability, may
  185  appeal through the appropriate dean to a committee appointed by
  186  the president or the chief academic officer for special
  187  consideration. The committee shall examine the evidence of the
  188  student’s academic and medical records and may hear testimony
  189  relevant to the case. The committee may grant a waiver for one
  190  or more of the authorized examinations based on the results of
  191  its review.
  192         (c) Each public postsecondary educational institution
  193  president shall establish a committee to consider requests for
  194  waivers from the requirements in paragraph (a). The committee
  195  shall be chaired by the chief academic officer of the
  196  institution and shall have four additional members appointed by
  197  the president as follows:
  198         1. One faculty member from the mathematics department;
  199         2. One faculty member from the English department;
  200         3. The institutional test administrator; and
  201         4. One faculty member from a department other than English
  202  or mathematics.
  203         (d) Any student who has taken the authorized examinations
  204  and has not achieved a passing score, but has otherwise
  205  demonstrated proficiency in coursework in the same subject area,
  206  may request a waiver from the examination requirement. Waivers
  207  shall be considered only after students have been provided test
  208  accommodations or other administrative adjustments to permit the
  209  accurate measurement of the student’s proficiency in the subject
  210  areas measured by the authorized examinations. The committee
  211  shall consider the student’s educational records and other
  212  evidence as to whether the student should be able to pass the
  213  authorized examinations. A waiver may be recommended to the
  214  president upon a majority vote of the committee. The president
  215  may approve or disapprove the recommendation. The president may
  216  not approve a request that the committee has disapproved. If a
  217  waiver is approved, the student’s transcript shall include a
  218  statement that the student did not meet the requirements of this
  219  subsection and that a waiver was granted.
  220         Section 5. Subsection (1) of section 1007.264, Florida
  221  Statutes, is amended to read:
  222         1007.264 Persons with disabilities; admission to
  223  postsecondary educational institutions; substitute requirements;
  224  rules and regulations.—
  225         (1) Any student with a disability, as defined in s.
  226  1007.02(2), who is otherwise eligible except those students who
  227  have been documented as having intellectual disabilities, shall
  228  be eligible for reasonable substitution for any requirement for
  229  admission into a public postsecondary educational institution
  230  where documentation can be provided that the person’s failure to
  231  meet the admission requirement is related to the disability.
  232         Section 6. Subsection (1) of section 1007.265, Florida
  233  Statutes, is amended to read:
  234         1007.265 Persons with disabilities; graduation, study
  235  program admission, and upper-division entry; substitute
  236  requirements; rules and regulations.—
  237         (1) Any student with a disability, as defined in s.
  238  1007.02(2), in a public postsecondary educational institution,
  239  except those students who have been documented as having
  240  intellectual disabilities, shall be eligible for reasonable
  241  substitution for any requirement for graduation, for admission
  242  into a program of study, or for entry into the upper division
  243  where documentation can be provided that the person’s failure to
  244  meet the requirement is related to the disability and where
  245  failure to meet the graduation requirement or program admission
  246  requirement does not constitute a fundamental alteration in the
  247  nature of the program.
  248         Section 7. Subsections (2) and (3) and paragraph (a) of
  249  subsection (4) of section 1008.30, Florida Statutes, are amended
  250  to read:
  251         1008.30 Common placement testing for public postsecondary
  252  education.—
  253         (2) The common placement testing program shall include at a
  254  minimum the following: the capacity to diagnose basic
  255  competencies in the areas of English, reading, and mathematics
  256  which are essential to perform college-level work; an assessment
  257  of prerequisite skills that relate to progressively advanced
  258  instruction in mathematics and, such as algebra and geometry;
  259  prerequisite skills that relate to progressively advanced
  260  instruction in language arts, such as English composition and
  261  literature; prerequisite skills which relate to the College
  262  Level Academic Skills Test (CLAST); and provision of specific
  263  test information to students on skill the specific deficiencies.
  264  The State Board of Education shall establish by rule the test
  265  scores a student must achieve to demonstrate readiness.
  266         (3) The State Board of Education shall adopt rules that
  267  require high schools to evaluate before the beginning of grade
  268  12 the college readiness of each student who indicates an
  269  interest in postsecondary education and scores at Level 2 or
  270  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
  271  Level 3, or Level 4 on the mathematics assessments under s.
  272  1008.22(3)(c). High schools shall perform this evaluation using
  273  results from the corresponding component of the common placement
  274  test prescribed in this section, or an equivalent test
  275  identified by the State Board of Education. The Department of
  276  Education shall adopt purchase or develop the assessments
  277  necessary to perform the evaluations required by this subsection
  278  and shall work with the school districts to administer the
  279  assessments. The State Board of Education shall establish by
  280  rule the minimum test scores a student must achieve to
  281  demonstrate readiness. Students who demonstrate readiness by
  282  achieving the minimum test scores established by the state board
  283  and enroll in a community college within 2 years after of
  284  achieving such scores shall not be required to enroll in
  285  remediation courses as a condition of acceptance to any
  286  community college. The high school shall use the results of the
  287  test to advise the students of any identified deficiencies and
  288  to the maximum extent practicable provide 12th grade students
  289  access to approved appropriate remedial instruction prior to
  290  high school graduation. The remedial instruction provided under
  291  this subsection shall be a collaborative effort between
  292  secondary and postsecondary educational institutions, as
  293  prescribed by State Board of Education rule. To the extent
  294  courses are available, the Florida Virtual School may be used to
  295  provide the remedial instruction required by this subsection.
  296  Students who demonstrate readiness through successful completion
  297  of the approved remedial instruction are eligible to repeat the
  298  common placement test prior to high school graduation.
  299         (4)(a) Public postsecondary educational institution
  300  Students who have been identified as requiring additional
  301  preparation pursuant to subsection (1) shall enroll in college
  302  preparatory or other adult education pursuant to s. 1004.93 in
  303  community colleges to develop needed college-entry skills. The
  304  State Board of Education shall specify by rule provisions for
  305  alternative remediation opportunities and retesting policies.
  306  These students shall be permitted to take courses within their
  307  degree program concurrently in other curriculum areas for which
  308  they are qualified while enrolled in college-preparatory
  309  instruction courses. A student enrolled in a college-preparatory
  310  course may concurrently enroll only in college credit courses
  311  that do not require the skills addressed in the college
  312  preparatory course. The State Board of Education, in conjunction
  313  with the Board of Governors, shall specify the college credit
  314  courses that are acceptable for students enrolled in each
  315  college-preparatory skill area. A degree-seeking student who
  316  wishes to earn an associate in arts or a baccalaureate degree,
  317  but who is required to complete a college-preparatory course,
  318  must successfully complete the required college-preparatory
  319  studies by the time the student has accumulated 12 hours of
  320  lower-division college credit degree coursework; however, a
  321  student may continue enrollment in degree-earning coursework
  322  provided the student maintains enrollment in college-preparatory
  323  coursework for each subsequent semester until college
  324  preparatory coursework requirements are completed, and provided
  325  the student demonstrates satisfactory performance in degree
  326  earning coursework. A student who has accumulated 12 college
  327  credit hours and has not yet demonstrated proficiency in the
  328  basic competency areas of reading, writing, and mathematics must
  329  be advised in writing of the requirements for associate degree
  330  completion and state university admission, including information
  331  about future financial aid eligibility and the potential costs
  332  of accumulating excessive college credit as described in s.
  333  1009.286. A passing score on a standardized, institutionally
  334  developed test must be achieved Before a student is considered
  335  to have met basic computation and communication skills
  336  requirements, the student must demonstrate successful mastery of
  337  the required developmental education competencies as defined in
  338  State Board of Education rule; however, no student shall be
  339  required to retake any test or subtest that was previously
  340  passed by said student. Credit awarded for college-preparatory
  341  instruction may not be counted toward fulfilling the number of
  342  credits required for a degree.
  343         Section 8. Subsection (7) of section 1008.345, Florida
  344  Statutes, is amended to read:
  345         1008.345 Implementation of state system of school
  346  improvement and education accountability.—
  347         (7) As a part of the system of educational accountability,
  348  the Department of Education shall:
  349         (a) Develop minimum standards for various grades and
  350  subject areas, as required in ss. 1001.03, 1008.22, and 1008.34.
  351         (b) Administer the statewide assessment testing program
  352  created by s. 1008.22.
  353         (c) Review the school advisory councils of each district as
  354  required by s. 1001.452.
  355         (d) Conduct the program evaluations required by s. 1001.03.
  356         (e) Maintain a listing of college-level communication and
  357  mathematics skills defined pursuant to s. 1008.29 as being
  358  associated with successful student performance through the
  359  baccalaureate level and submit it to the State Board of
  360  Education and the Board of Governors for approval.
  361         (f) Maintain a listing of tests and other assessment
  362  procedures which measure and diagnose student achievement of
  363  college-level communication and computation skills and submit it
  364  to the State Board of Education and the Board of Governors for
  365  approval.
  366         (g) Maintain for the information of the State Board of
  367  Education, the Board of Governors, and the Legislature a file of
  368  data to reflect achievement of college-level communication and
  369  mathematics competencies by students in state universities and
  370  community colleges.
  371         (h) Develop or contract for, and submit to the State Board
  372  of Education and the Board of Governors for approval, tests
  373  which measure and diagnose student achievement of college-level
  374  communication and mathematics skills. Any tests and related
  375  documents developed are exempt from the provisions of s.
  376  119.07(1). The commissioner shall maintain statewide
  377  responsibility for the administration of such tests and may
  378  assign administrative responsibilities for the tests to any
  379  state university or community college. The state board, upon
  380  recommendation of the commissioner, may enter into contracts for
  381  such services beginning in one fiscal year and continuing into
  382  the next year which are paid from the appropriation for either
  383  or both fiscal years.
  384         (f)(i) Perform any other functions that may be involved in
  385  educational planning, research, and evaluation or that may be
  386  required by the commissioner, the State Board of Education, the
  387  Board of Governors, or law.
  388         Section 9. Subsections (4) and (6) of section 1008.38,
  389  Florida Statutes, are amended to read:
  390         1008.38 Articulation accountability process.—The State
  391  Board of Education, in conjunction with the Board of Governors,
  392  shall develop articulation accountability measures which assess
  393  the status of systemwide articulation processes authorized under
  394  s. 1007.23 and establish an articulation accountability process
  395  which at a minimum shall address:
  396         (4) The smooth transfer of Florida College System community
  397  college associate in arts degree graduates to a Florida College
  398  System institution or a state university.
  399         (6) The relationship between student attainment of college
  400  level the College Level academic skills Test Program and
  401  articulation to the upper division in public postsecondary
  402  institutions.
  403         Section 10. Subsection (1) of section 1009.534, Florida
  404  Statutes, is amended to read:
  405         1009.534 Florida Academic Scholars award.—
  406         (1) A student is eligible for a Florida Academic Scholars
  407  award if the student meets the general eligibility requirements
  408  for the Florida Bright Futures Scholarship Program and the
  409  student:
  410         (a) Has achieved a 3.5 weighted grade point average as
  411  calculated pursuant to s. 1009.531, or its equivalent, in high
  412  school courses that are designated by the State Board of
  413  Education as college-preparatory academic courses; and has
  414  attained at least the score pursuant to s. 1009.531(6)(a) on the
  415  combined verbal and quantitative parts of the Scholastic
  416  Aptitude Test, the Scholastic Assessment Test, or the recentered
  417  Scholastic Assessment Test of the College Entrance Examination,
  418  or an equivalent score on the ACT Assessment Program;
  419         (b) Has attended a home education program according to s.
  420  1002.41 during grades 11 and 12 or has completed the
  421  International Baccalaureate curriculum but failed to earn the
  422  International Baccalaureate Diploma or has completed the
  423  Advanced International Certificate of Education curriculum but
  424  failed to earn the Advanced International Certificate of
  425  Education Diploma, and has attained at least the score pursuant
  426  to s. 1009.531(6)(a) on the combined verbal and quantitative
  427  parts of the Scholastic Aptitude Test, the Scholastic Assessment
  428  Test, or the recentered Scholastic Assessment Test of the
  429  College Entrance Examination, or an equivalent score on the ACT
  430  Assessment Program;
  431         (c) Has been awarded an International Baccalaureate Diploma
  432  from the International Baccalaureate Office or an Advanced
  433  International Certificate of Education Diploma from the
  434  University of Cambridge International Examinations Office;
  435         (d) Has been recognized by the merit or achievement
  436  programs of the National Merit Scholarship Corporation as a
  437  scholar or finalist; or
  438         (e) Has been recognized by the National Hispanic
  439  Recognition Program as a scholar recipient.
  440  
  441  A student must complete a program of community service work, as
  442  approved by the district school board, or the administrators of
  443  a nonpublic school, or the Department of Education for home
  444  school students, which shall include a minimum of 75 hours of
  445  service work and require the student to identify a social
  446  problem that interests him or her, develop a plan for his or her
  447  personal involvement in addressing the problem, and, through
  448  papers or other presentations, evaluate and reflect upon his or
  449  her experience.
  450         Section 11. Subsection (3) of section 467.009, Florida
  451  Statutes, is amended to read:
  452         467.009 Midwifery programs; education and training
  453  requirements.—
  454         (3) To be accepted into an approved midwifery program, an
  455  applicant shall have:
  456         (a) A high school diploma or its equivalent.
  457         (b) Passed the college level academic scholastic test
  458  (CLAST) or Taken three college-level credits each of math and
  459  English or demonstrated competencies in communication and
  460  computation.
  461         Section 12. Subsection (3) of section 1012.56, Florida
  462  Statutes, is amended to read:
  463         1012.56 Educator certification requirements.—
  464         (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
  465  demonstrating mastery of general knowledge are:
  466         (a) Achievement of passing scores on basic skills
  467  examination required by state board rule;
  468         (b) Achievement of passing scores on the College Level
  469  Academic Skills Test earned prior to July 1, 2002;
  470         (b)(c) A valid professional standard teaching certificate
  471  issued by another state;
  472         (c)(d) A valid certificate issued by the National Board for
  473  Professional Teaching Standards or a national educator
  474  credentialing board approved by the State Board of Education; or
  475         (d)(e) Documentation of two semesters of successful
  476  teaching in a community college, state university, or private
  477  college or university that awards an associate or higher degree
  478  and is an accredited institution or an institution of higher
  479  education identified by the Department of Education as having a
  480  quality program.
  481         Section 13. This act shall take effect July 1, 2011.