Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 524
Ì314320cÎ314320
576-01815-16
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to education; creating s. 1001.66,
3 F.S.; creating a Florida College System Performance
4 Based Incentive for Florida College System
5 institutions; requiring the State Board of Education
6 to adopt certain metrics and benchmarks; providing for
7 funding and allocation of the incentives; authorizing
8 the state board to withhold an institution’s incentive
9 under certain circumstances; requiring the
10 Commissioner of Education to withhold certain
11 disbursements under certain circumstances; providing
12 for reporting and rulemaking; amending s. 1001.7065,
13 F.S., and reenacting subsection (1), relating to state
14 university system shared governance collaboration;
15 deleting obsolete provisions; revising the academic
16 and research excellence standards for the preeminent
17 state research universities program; requiring the
18 Board of Governors to designate a state university
19 that meets specified requirements as an “emerging
20 preeminent state research university”; authorizing the
21 Board of Governors to suspend, rescind, or revoke a
22 university’s designation under certain circumstances;
23 requiring an emerging preeminent state research
24 university to submit a certain plan to the board and
25 meet specified expectations to receive certain funds;
26 providing for the distribution of certain funding
27 increases; deleting provisions relating to the
28 preeminent state research university enhancement
29 initiative and special course requirement
30 authorization; amending s. 1001.92, F.S.; requiring
31 performance-based metrics to include specified wage
32 thresholds; requiring the board to establish minimum
33 performance funding eligibility thresholds;
34 prohibiting a state university that fails to meet the
35 state’s threshold from eligibility for a share of the
36 state’s investment performance funding; requiring the
37 board to adopt regulations; deleting an expiration;
38 amending s. 1012.39, F.S.; providing requirements
39 regarding liability insurance for students performing
40 clinical field experience; amending s. 1012.75, F.S.;
41 requiring annual notification of liability insurance
42 to specified personnel; abrogating the scheduled
43 expiration of the educator liability insurance
44 program; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 1001.66, Florida Statutes, is created to
49 read:
50 1001.66 Florida College System Performance-Based
51 Incentive.—
52 (1) A Florida College System Performance-Based Incentive
53 shall be awarded to Florida College System institutions using
54 performance-based metrics adopted by the State Board of
55 Education. The performance-based metrics must include retention
56 rates; program completion and graduation rates; postgraduation
57 employment, salaries, and continuing education for workforce
58 education and baccalaureate programs, with wage thresholds that
59 reflect the added value of the certificate or degree; and
60 outcome measures appropriate for associate of arts degree
61 recipients. The state board shall adopt benchmarks to evaluate
62 each institution’s performance on the metrics to measure the
63 institution’s achievement of institutional excellence or need
64 for improvement and minimum requirements for eligibility to
65 receive performance funding.
66 (2) Each fiscal year, the amount of funds available for
67 allocation to the Florida College System institutions based on
68 the performance-based funding model shall consist of the state’s
69 investment in performance funding plus institutional investments
70 consisting of funds to be redistributed from the base funding of
71 the Florida College System Program Fund as determined in the
72 General Appropriations Act. The State Board of Education shall
73 establish minimum performance funding eligibility thresholds for
74 the state’s investment and the institutional investments. An
75 institution that fails to meet the minimum state investment
76 performance funding eligibility threshold is ineligible for a
77 share of the state’s investment in performance funding. The
78 institutional investment shall be restored for all institutions
79 eligible for the state’s investment under the performance-based
80 funding model.
81 (3)(a) Each Florida College System institution’s share of
82 the performance funding shall be calculated based on its
83 relative performance on the established metrics in conjunction
84 with the institutional size and scope.
85 (b) A Florida College System institution that fails to meet
86 the State Board of Education’s minimum institutional investment
87 performance funding eligibility threshold shall have a portion
88 of its institutional investment withheld by the state board and
89 must submit an improvement plan to the state board which
90 specifies the activities and strategies for improving the
91 institution’s performance. The state board must review and
92 approve the improvement plan and, if the plan is approved, must
93 monitor the institution’s progress in implementing the
94 activities and strategies specified in the improvement plan. The
95 institution shall submit monitoring reports to the state board
96 by December 31 and May 31 of each year in which an improvement
97 plan is in place. The ability of an institution to submit an
98 improvement plan to the state board is limited to 1 fiscal year.
99 (c) The Commissioner of Education shall withhold
100 disbursement of the institutional investment until the
101 monitoring report is approved by the State Board of Education. A
102 Florida College System institution determined by the state board
103 to be making satisfactory progress on implementing the
104 improvement plan shall receive no more than one-half of the
105 withheld institutional investment in January and the balance of
106 the withheld institutional investment in June. An institution
107 that fails to make satisfactory progress may not have its full
108 institutional investment restored. Any institutional investment
109 funds that are not restored shall be redistributed in accordance
110 with the state board’s performance-based metrics.
111 (4) Distributions of performance funding, as provided in
112 this section, shall be made to each of the Florida College
113 System institutions listed in the Florida Colleges category in
114 the General Appropriations Act.
115 (5) By October 1 of each year, the State Board of Education
116 shall submit to the Governor, the President of the Senate, and
117 the Speaker of the House of Representatives a report on the
118 previous fiscal year’s performance funding allocation, which
119 must reflect the rankings and award distributions.
120 (6) The State Board of Education shall adopt rules to
121 administer this section.
122 Section 2. Subsection (1) of section 1001.7065, Florida
123 Statutes, is reenacted, and subsections (2), (3), and (5)
124 through (9) of that section are amended, to read:
125 1001.7065 Preeminent state research universities program.—
126 (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
127 COLLABORATION.—A collaborative partnership is established
128 between the Board of Governors and the Legislature to elevate
129 the academic and research preeminence of Florida’s highest
130 performing state research universities in accordance with this
131 section. The partnership stems from the State University System
132 Governance Agreement executed on March 24, 2010, wherein the
133 Board of Governors and leaders of the Legislature agreed to a
134 framework for the collaborative exercise of their joint
135 authority and shared responsibility for the State University
136 System. The governance agreement confirmed the commitment of the
137 Board of Governors and the Legislature to continue collaboration
138 on accountability measures, the use of data, and recommendations
139 derived from such data.
140 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
141 July 1, 2013, The following academic and research excellence
142 standards are established for the preeminent state research
143 universities program:
144 (a) An average weighted grade point average of 4.0 or
145 higher on a 4.0 scale and an average SAT score of 1800 or higher
146 on a 2400-point scale or 1200 or higher on a 1600-point scale
147 for fall semester incoming freshmen, as reported annually.
148 (b) A top-50 ranking on at least two well-known and highly
149 respected national public university rankings, including, but
150 not limited to, the U.S. News and World Report rankings,
151 reflecting national preeminence, using most recent rankings.
152 (c) A freshman retention rate of 90 percent or higher for
153 full-time, first-time-in-college students, as reported annually
154 to the Integrated Postsecondary Education Data System (IPEDS).
155 (d) A 6-year graduation rate of 70 percent or higher for
156 full-time, first-time-in-college students, as reported annually
157 to the IPEDS.
158 (e) Six or more faculty members at the state university who
159 are members of a national academy, as reported by the Center for
160 Measuring University Performance in the Top American Research
161 Universities (TARU) annual report or the official membership
162 directories maintained by each national academy.
163 (f) Total annual research expenditures, including federal
164 research expenditures, of $200 million or more, as reported
165 annually by the National Science Foundation (NSF).
166 (g) Total annual research expenditures in diversified
167 nonmedical sciences of $150 million or more, based on data
168 reported annually by the NSF.
169 (h) A top-100 university national ranking for research
170 expenditures in five or more science, technology, engineering,
171 or mathematics fields of study, as reported annually by the NSF.
172 (i) One hundred or more total patents awarded by the United
173 States Patent and Trademark Office for the most recent 3-year
174 period.
175 (j) Four hundred or more doctoral degrees awarded annually,
176 including professional doctoral degrees awarded in medical and
177 health care disciplines, as reported in the Board of Governors
178 Annual Accountability Report.
179 (k) Two hundred or more postdoctoral appointees annually,
180 as reported in the TARU annual report.
181 (l) An endowment of $500 million or more, as reported in
182 the Board of Governors Annual Accountability Report.
183 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
184 (a) The Board of Governors shall designate each state
185 research university that meets at least 11 of the 12 academic
186 and research excellence standards identified in subsection (2)
187 as a “preeminent state research university.” preeminent state
188 research university.
189 (b) The Board of Governors shall designate each state
190 university that meets at least 6 of the 12 academic and research
191 excellence standards identified in subsection (2) as an
192 “emerging preeminent state research university.”
193
194 The Board of Governors may, upon petition of a university
195 designated under this subsection, temporarily suspend or rescind
196 the designation, or may, with the concurrence of the Governor,
197 the President of the Senate, and the Speaker of the House of
198 Representatives, revoke the designation of a university under
199 this subsection.
200 (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
201 UNIVERSITY SUPPORT.—
202 (a) A state research university that is designated as a
203 preeminent state research university, as of July 1, 2013, meets
204 all 12 of the academic and research excellence standards
205 identified in subsection (2), as verified by the Board of
206 Governors, shall submit to the Board of Governors a 5-year
207 benchmark plan with target rankings on key performance metrics
208 for national excellence. Upon approval by the Board of
209 Governors, and upon the university’s meeting the benchmark plan
210 goals annually, the Board of Governors shall award the
211 university its proportionate share of any funds provided
212 annually to support the program created under this section an
213 amount specified in the General Appropriations Act to be
214 provided annually throughout the 5-year period. Funding for this
215 purpose is contingent upon specific appropriation in the General
216 Appropriations Act.
217 (b) A state university designated as an emerging preeminent
218 state research university shall submit to the Board of Governors
219 a 5-year benchmark plan with target rankings on key performance
220 metrics for national excellence. Upon approval by the Board of
221 Governors, and upon the university’s meeting the benchmark plan
222 goals annually, the Board of Governors shall award the
223 university its proportionate share of any funds provided
224 annually to support the program created under this section.
225 (c) The award of funds under this subsection is contingent
226 upon funding provided in the General Appropriations Act to
227 support the preeminent state research universities program
228 created under this section. Funding increases appropriated
229 beyond the amounts funded in the previous fiscal year shall be
230 distributed as follows:
231 1. Each designated preeminent state research university
232 that meets the criteria in paragraph (a) shall receive an equal
233 amount of funding.
234 2. Each designated emerging preeminent state research
235 university that meets the criteria in paragraph (b) shall
236 receive an amount of funding that is equal to one-half of the
237 total increased amount awarded to each designated preeminent
238 state research university.
239 (6) PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
240 INITIATIVE.—A state research university that, as of July 1,
241 2013, meets 11 of the 12 academic and research excellence
242 standards identified in subsection (2), as verified by the Board
243 of Governors, shall submit to the Board of Governors a 5-year
244 benchmark plan with target rankings on key performance metrics
245 for national excellence. Upon the university’s meeting the
246 benchmark plan goals annually, the Board of Governors shall
247 award the university an amount specified in the General
248 Appropriations Act to be provided annually throughout the 5-year
249 period for the purpose of recruiting National Academy Members,
250 expediting the provision of a master’s degree in cloud
251 virtualization, and instituting an entrepreneurs-in-residence
252 program throughout its campus. Funding for this purpose is
253 contingent upon specific appropriation in the General
254 Appropriations Act.
255 (7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
256 REQUIREMENT AUTHORITY.—In order to provide a jointly shared
257 educational experience, a university that is designated a
258 preeminent state research university may require its incoming
259 first-time-in-college students to take a 9-to-12-credit set of
260 unique courses specifically determined by the university and
261 published on the university’s website. The university may
262 stipulate that credit for such courses may not be earned through
263 any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
264 or any other transfer credit. All accelerated credits earned up
265 to the limits specified in ss. 1007.27 and 1007.271 shall be
266 applied toward graduation at the student’s request.
267 (6)(8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
268 AUTHORITY.—The Board of Governors is encouraged to identify and
269 grant all reasonable, feasible authority and flexibility to
270 ensure that a designated preeminent state research university is
271 free from unnecessary restrictions.
272 (7)(9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
273 UNIVERSITY SYSTEM.—The Board of Governors is encouraged to
274 establish standards and measures whereby individual programs in
275 state universities that objectively reflect national excellence
276 can be identified and make recommendations to the Legislature as
277 to how any such programs could be enhanced and promoted.
278 Section 3. Section 1001.92, Florida Statutes, is amended to
279 read:
280 1001.92 State University System Performance-Based
281 Incentive.—
282 (1) A State University System Performance-Based Incentive
283 shall be awarded to state universities using performance-based
284 metrics adopted by the Board of Governors of the State
285 University System. The performance-based metrics must include
286 graduation rates;, retention rates;, postgraduation education
287 rates;, degree production;, affordability;, postgraduation
288 employment and salaries, including wage thresholds that reflect
289 the added value of a baccalaureate degree; access;, and other
290 metrics approved by the board in a formally noticed meeting. The
291 board shall adopt benchmarks to evaluate each state university’s
292 performance on the metrics to measure the state university’s
293 achievement of institutional excellence or need for improvement
294 and minimum requirements for eligibility to receive performance
295 funding.
296 (2) Each fiscal year, the amount of funds available for
297 allocation to the state universities based on the performance
298 based funding model metrics shall consist of the state’s
299 investment in appropriation for performance funding, including
300 increases in base funding plus institutional investments
301 consisting of funds deducted from the base funding of each state
302 university in the State University System, in an amount provided
303 in the General Appropriations Act. The Board of Governors shall
304 establish minimum performance funding eligibility thresholds for
305 the state’s investment and the institutional investments. A
306 state university that fails to meet the minimum state investment
307 performance funding eligibility threshold is ineligible for a
308 share of the state’s investment in performance funding. The
309 institutional investment shall be restored for each institution
310 eligible for the state’s investment under the performance-based
311 funding model metrics.
312 (3)(a) A state university that fails to meet the Board of
313 Governors’ minimum institutional investment performance funding
314 eligibility threshold shall have a portion of its institutional
315 investment withheld by the board and must submit an improvement
316 plan to the board that specifies the activities and strategies
317 for improving the state university’s performance. The board must
318 review and approve the improvement plan and, if the plan is
319 approved, must monitor the state university’s progress in
320 implementing the activities and strategies specified in the
321 improvement plan. The state university shall submit monitoring
322 reports to the board by December 31 and May 31 of each year in
323 which an improvement plan is in place. The ability of a state
324 university to submit an improvement plan to the board is limited
325 to 1 fiscal year.
326 (b) The Chancellor of the State University System shall
327 withhold disbursement of the institutional investment until the
328 monitoring report is approved by the Board of Governors. A state
329 university that is determined by the board to be making
330 satisfactory progress on implementing the improvement plan shall
331 receive no more than one-half of the withheld institutional
332 investment in January and the balance of the withheld
333 institutional investment in June. A state university that fails
334 to make satisfactory progress may not have its full
335 institutional investment restored. Any institutional investment
336 funds that are not restored shall be redistributed in accordance
337 with the board’s performance-based metrics.
338 (4) Distributions of performance funding, as provided in
339 this section, shall be made to each of the state universities
340 listed in the Education and General Activities category in the
341 General Appropriations Act.
342 (5) By October 1 of each year, the Board of Governors shall
343 submit to the Governor, the President of the Senate, and the
344 Speaker of the House of Representatives a report on the previous
345 fiscal year’s performance funding allocation which must reflect
346 the rankings and award distributions.
347 (6) The Board of Governors shall adopt regulations to
348 administer this section expires July 1, 2016.
349 Section 4. Subsection (3) of section 1012.39, Florida
350 Statutes, is amended to read:
351 1012.39 Employment of substitute teachers, teachers of
352 adult education, nondegreed teachers of career education, and
353 career specialists; students performing clinical field
354 experience.—
355 (3) A student who is enrolled in a state-approved teacher
356 preparation program in a postsecondary educational institution
357 that is approved by rules of the State Board of Education and
358 who is jointly assigned by the postsecondary educational
359 institution and a district school board to perform a clinical
360 field experience under the direction of a regularly employed and
361 certified educator shall, while serving such supervised clinical
362 field experience, be accorded the same protection of law as that
363 accorded to the certified educator except for the right to
364 bargain collectively as an employee of the district school
365 board. The district school board providing the clinical field
366 experience shall notify the student electronically or in writing
367 of the availability of educator liability insurance under s.
368 1012.75. A postsecondary educational institution or district
369 school board may not require a student enrolled in a state
370 approved teacher preparation program to purchase liability
371 insurance as a condition of participation in any clinical field
372 experience or related activity on the premises of an elementary
373 or a secondary school.
374 Section 5. Subsection (3) of section 1012.75, Florida
375 Statutes, is amended to read:
376 1012.75 Liability of teacher or principal; excessive
377 force.—
378 (3) The Department of Education shall administer an
379 educator liability insurance program, as provided in the General
380 Appropriations Act, to protect full-time instructional personnel
381 from liability for monetary damages and the costs of defending
382 actions resulting from claims made against the instructional
383 personnel arising out of occurrences in the course of activities
384 within the instructional personnel’s professional capacity. For
385 purposes of this subsection, the terms “full-time,” “part-time,”
386 and “administrative personnel” shall be defined by the
387 individual district school board. For purposes of this
388 subsection, the term “instructional personnel” has the same
389 meaning as provided in s. 1012.01(2).
390 (a) Liability coverage of at least $2 million shall be
391 provided to all full-time instructional personnel. Liability
392 coverage may be provided to the following individuals who choose
393 to participate in the program, at cost: part-time instructional
394 personnel, administrative personnel, and students enrolled in a
395 state-approved teacher preparation program pursuant to s.
396 1012.39(3).
397 (b) By August 1 of each year, the department shall notify
398 the personnel specified in paragraph (a) of the pending
399 procurement for liability coverage. By September 1 of each year,
400 each district school board shall notify the personnel specified
401 in paragraph (a) of the liability coverage provided pursuant to
402 this subsection. The department shall develop the form of the
403 notice which shall be used by each district school board. The
404 notice must be on an 8 1/2-inch by 5 1/2-inch postcard and
405 include the amount of coverage, a general description of the
406 nature of the coverage, and the contact information for coverage
407 and claims questions. The notification shall be provided
408 separately from any other correspondence. Each district school
409 board shall certify to the department, by September 15 of each
410 year, that the notification required by this paragraph has been
411 provided.
412 (c) The department shall consult with the Department of
413 Financial Services to select the most economically prudent and
414 cost-effective means of implementing the program through self
415 insurance, a risk management program, or competitive
416 procurement.
417 (d) This subsection expires July 1, 2016.
418 Section 6. This act shall take effect July 1, 2016.