Florida Senate - 2011                             CS for SB 1732
       By the Committee on Higher Education; and Senator Lynn
       589-03794-11                                          20111732c1
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 1004.015, F.S.; requiring the Higher Education
    4         Coordinating Council to recommend plans and submit a
    5         report to the Governor and the Legislature relating to
    6         core missions of postsecondary education institutions,
    7         performance outputs and outcomes, articulation
    8         policies, workforce development education, and
    9         baccalaureate degree authorization; amending s.
   10         1007.27, F.S.; requiring the Department of Education
   11         to use student performance data to determine
   12         appropriate credit-by-examination scores and courses;
   13         revising the minimum Advanced Placement Examination
   14         scores for postsecondary credit; deleting an exemption
   15         from summer-term enrollment in a public postsecondary
   16         education institution for students earning accelerated
   17         credit; amending s. 1007.33, F.S.; deleting an
   18         exemption from provisions governing the approval
   19         process for baccalaureate degrees; amending s.
   20         1001.64, F.S.; requiring a community college board of
   21         trustees to ask the Commissioner of Education to
   22         authorize an investigation of a college president by
   23         the Department of Education’s inspector general in
   24         specified circumstances; requiring the inspector
   25         general to report on the investigation and make
   26         recommendations; requiring the inspector general to
   27         refer any potential legal violation to the Commission
   28         on Ethics, the Department of Law Enforcement, the
   29         Attorney General, or other appropriate authority;
   30         repealing s. 1000.07, F.S., relating to the Florida
   31         Business and Education Collaborative; providing an
   32         effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Present subsection (4) of section 1004.015,
   37  Florida Statutes, is renumbered as subsection (6) and amended,
   38  and new subsections (4) and (5) are added to that section, to
   39  read:
   40         1004.015 Higher Education Coordinating Council.—
   41         (4) The council shall, with input of the State Board of
   42  Education and the Board of Governors, recommend improvement
   43  options and implementation plans to:
   44         (a) Define the primary core mission of public and nonpublic
   45  postsecondary education institutions in the context of state
   46  access demands and economic development goals.
   47         (b) Establish performance outputs and outcomes designed to
   48  meet annual and long-term state goals, including, but not
   49  limited to, increased student access, preparedness, retention,
   50  transfer, and completion. Performance measures must be
   51  consistent across sectors and allow for a comparison of the
   52  state’s performance to that of other states.
   53         (c) Evaluate the state’s articulation policies and
   54  practices to ensure that cost benefits to the state are
   55  maximized without jeopardizing quality. The evaluation shall
   56  consider return on investment for both the state and students.
   57         (d) Establish a plan for implementing changes in workforce
   58  development education to:
   59         1. Align school district and Florida College System
   60  workforce development education programs to ensure cost
   61  efficiency and mission delineation, including an examination of
   62  the need for both college credit and noncollege credit
   63  certificate programs, an evaluation of the merit of retaining
   64  the associate in applied science degree, and the consolidation
   65  of adult general education programs within school districts.
   66         2. Improve the consistency of workforce education data
   67  collected and reported by Florida College System institutions
   68  and school districts, including the establishment of common
   69  elements and definitions for any data that is used for state and
   70  federal funding and program accountability.
   71         (e) Address baccalaureate degree authorization and
   72  production, which shall include the following:
   73         1. An assessment of the potential need to establish
   74  comprehensive undergraduate institutions that would primarily
   75  focus on the delivery of undergraduate instruction, including
   76  offering baccalaureate degrees. Such institutions may include
   77  Florida College System institutions, state universities, and
   78  university branch campuses. The assessment must recommend
   79  accountability options and address local and regional workforce
   80  needs and gaps that might result from an institution’s shift in
   81  primary mission.
   82         2. Recommendations related to appropriate student
   83  enrollment and institutional expenditure thresholds for upper
   84  division programs that justify legislative consideration in
   85  order to establish or reestablish an institution under the
   86  governance and oversight of the State Board of Education, the
   87  Board of Governors, or another statutorily established or
   88  created governing or advisory organization.
   89         3. Recommendations related to funding options and
   90  strategies, student tuition and fees, student financial aid
   91  funding, and other strategies to encourage performance-based
   92  funding.
   93         (5) The council shall submit a report to the Governor, the
   94  President of the Senate, and the Speaker of the House of
   95  Representatives by December 31, 2011, which specifically
   96  includes recommendations for consideration by the Legislature
   97  for implementation in the 2012-2013 fiscal year.
   98         (6)(4) The Board of Governors and the Department of
   99  Education shall provide administrative support for the council.
  100         Section 2. Subsections (2), (6), and (10) of section
  101  1007.27, Florida Statutes, are amended to read:
  102         1007.27 Articulated acceleration mechanisms.—
  103         (2) The Department of Education shall annually identify and
  104  publish the minimum scores, maximum credit, and course or
  105  courses for which credit is to be awarded for each College Level
  106  Examination Program (CLEP) general examination, CLEP subject
  107  examination, College Board Advanced Placement Program
  108  examination, Advanced International Certificate of Education
  109  examination, and International Baccalaureate examination. The
  110  department shall use student performance data in subsequent
  111  postsecondary courses to determine the appropriate examination
  112  scores and courses for which credit is to be granted. In
  113  addition, the department shall identify such courses in the
  114  general education core curriculum of each state university and
  115  community college.
  116         (6) Advanced placement shall be the enrollment of an
  117  eligible secondary student in a course offered through the
  118  Advanced Placement Program administered by the College Board.
  119  Postsecondary credit for an advanced placement course shall be
  120  limited to students who score a minimum of 3, on a 5-point
  121  scale, on the corresponding Advanced Placement Examination for
  122  examinations taken before June 30, 2011. On or after July 1,
  123  2011, postsecondary credit for an advanced placement course
  124  shall be limited to credit for one course per exam taken for
  125  students who score a minimum of 4, on a 5-point scale, on the
  126  corresponding Advanced Placement Examination. The specific
  127  courses for which students receive such credit shall be
  128  identified in the statewide articulation agreement required by
  129  s. 1007.23(1). Students of Florida public secondary schools
  130  enrolled pursuant to this subsection shall be exempt from the
  131  payment of any fees for administration of the examination
  132  regardless of whether or not the student achieves a passing
  133  score on the examination.
  134         (10) Any student who earns 9 or more credits from one or
  135  more of the acceleration mechanisms provided for in this section
  136  is exempt from any requirement of a public postsecondary
  137  educational institution mandating enrollment during a summer
  138  term.
  139         Section 3. Subsections (6) and (7) of section 1007.33,
  140  Florida Statutes, are amended to read:
  141         1007.33 Site-determined baccalaureate degree access.—
  142         (6)(a) Beginning July 1, 2010, and each subsequent July 1,
  143  the Division of Florida Colleges may accept and review
  144  applications from a Florida college to obtain an exemption from
  145  the State Board of Education’s approval for subsequent degrees
  146  as required in subsection (5), if the Florida college is
  147  accredited by the Commission on Colleges of the Southern
  148  Association of Colleges and Schools as a baccalaureate-degree
  149  granting institution and has been offering baccalaureate degree
  150  programs for 3 or more years. The division shall develop
  151  criteria for determining eligibility for an exemption based upon
  152  demonstrated compliance with the requirements for baccalaureate
  153  degrees, primary mission, and fiscal, including, but not limited
  154  to:
  155         1. Obtaining and maintaining appropriate SACS
  156  accreditation;
  157         2. The maintenance of qualified faculty and institutional
  158  resources;
  159         3. The maintenance of enrollment projections in previously
  160  approved programs;
  161         4. The appropriate management of fiscal resources;
  162         5. Compliance with the primary mission and responsibility
  163  requirements in subsections (2) and (3);
  164         6. The timely submission of the institution’s annual
  165  performance accountability report; and
  166         7. Other indicators of success such as program completers,
  167  placements, and surveys of students and employers.
  168         (b) If the Florida college has demonstrated satisfactory
  169  progress in fulfilling the eligibility criteria in this
  170  subsection, the Division of Florida Colleges may recommend to
  171  the State Board of Education that the institution be exempt from
  172  the requirement in subsection (5) for approval of future
  173  baccalaureate degree programs. The State Board of Education
  174  shall review the division’s recommendation and determine if an
  175  exemption is warranted. If the State Board of Education approves
  176  the application, the Florida college is exempt from subsequent
  177  program approval under subsection (5) and such authority is
  178  delegated to the Florida college board of trustees. If the State
  179  Board of Education disapproves of the Florida college’s request
  180  for an exemption, the college shall continue to be subject to
  181  the State Board of Education’s approval of subsequent
  182  baccalaureate degree programs.
  183         (c) Prior to developing or proposing a new baccalaureate
  184  degree program, all Florida colleges, regardless of an exemption
  185  from subsection (5), shall:
  186         1. Engage in need, demand, and impact discussions with the
  187  state university in their service district and other local and
  188  regional, accredited postsecondary providers in their region.
  189         2. Send documentation, data, and other information from the
  190  inter-institutional discussions regarding program need, demand,
  191  and impact required in subparagraph 1. to the college’s board of
  192  trustees, the Division of Florida Colleges, and the Chancellor
  193  of the State University System.
  194         3. Base board of trustees approval of the new program upon
  195  the documentation, data, and other information required in this
  196  paragraph and the factors in subsection (5)(d).
  198  The Division of Florida Colleges shall use the documentation,
  199  data, and other information required in this subsection,
  200  including information from the Chancellor of the State
  201  University System, in its compliance review.
  202         (d) The board of trustees of a Florida college that is
  203  exempt from subsection (5) must submit newly approved programs
  204  to the Division of Florida Colleges and SACS within 30 days
  205  after approval.
  206         (e) Within 30 days after receiving the approved
  207  baccalaureate degree program, the Division of Florida Colleges
  208  shall conduct a compliance review and notify the college if the
  209  proposal meets the criteria for implementation based upon the
  210  criteria in paragraphs (5)(d) and (6)(c). If the program fails
  211  to meet the criteria for implementation as determined by the
  212  Division of Florida Colleges, the college may not proceed with
  213  implementation of the program until the State Board of Education
  214  reviews the proposal and the compliance materials and gives its
  215  final approval of the program.
  216         (6)(7) The State Board of Education shall adopt rules to
  217  prescribe format and content requirements and submission
  218  procedures for notices of intent, proposals, and alternative
  219  proposals under subsection (5).
  220         Section 4. Subsection (3) of section 1001.64, Florida
  221  Statutes, is amended to read:
  222         1001.64 Community college boards of trustees; powers and
  223  duties.—
  224         (3) A board of trustees shall have the power to take action
  225  without a recommendation from the president and shall have the
  226  power to require the president to deliver to the board of
  227  trustees all data and information required by the board of
  228  trustees in the performance of its duties. A board of trustees
  229  shall ask the Commissioner of Education to authorize an
  230  investigation of the president’s actions by the department’s
  231  inspector general if the board considers such investigation
  232  necessary. The inspector general shall provide a report
  233  detailing each issue under investigation and shall recommend
  234  corrective action. If the inspector general identifies potential
  235  legal violations, he or she shall refer the potential legal
  236  violations to the Commission on Ethics, the Department of Law
  237  Enforcement, the Attorney General, or another appropriate
  238  authority.
  239         Section 5. Section 1000.07, Florida Statutes, is repealed.
  240         Section 6. This act shall take effect July 1, 2011.