Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 524
Ì578672GÎ578672
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
12/07/2015 .
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Appropriations Subcommittee on Education (Gaetz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 1001.66, Florida Statutes, is created to
6 read:
7 1001.66 Florida College System Performance-Based
8 Incentive.—
9 (1) A Florida College System Performance-Based Incentive
10 shall be awarded to Florida College System institutions using
11 performance-based metrics adopted by the State Board of
12 Education. The performance-based metrics must include retention
13 rates; program completion and graduation rates; postgraduation
14 employment, salaries, and continuing education for workforce
15 education and baccalaureate programs, with wage thresholds that
16 reflect the added value of the certificate or degree; and
17 outcome measures appropriate for associate of arts degree
18 recipients. The state board shall adopt benchmarks to evaluate
19 each institution’s performance on the metrics to measure the
20 institution’s achievement of institutional excellence or need
21 for improvement and minimum requirements for eligibility to
22 receive performance funding.
23 (2) Each fiscal year, the amount of funds available for
24 allocation to the Florida College System institutions based on
25 the performance-based funding model shall consist of the state’s
26 investment in performance funding plus institutional investments
27 consisting of funds to be redistributed from the base funding of
28 the Florida College System Program Fund as determined in the
29 General Appropriations Act. The State Board of Education shall
30 establish minimum performance funding eligibility thresholds for
31 the state’s investment and the institutional investments. An
32 institution that fails to meet the minimum state investment
33 performance funding eligibility threshold is ineligible for a
34 share of the state’s investment in performance funding. The
35 institutional investment shall be restored for all institutions
36 eligible for the state’s investment under the performance-based
37 funding model.
38 (3)(a) Each Florida College System institution’s share of
39 the performance funding shall be calculated based on its
40 relative performance on the established metrics in conjunction
41 with the institutional size and scope.
42 (b) A Florida College System institution that fails to meet
43 the State Board of Education’s minimum institutional investment
44 performance funding eligibility threshold shall have a portion
45 of its institutional investment withheld by the state board and
46 must submit an improvement plan to the state board which
47 specifies the activities and strategies for improving the
48 institution’s performance. The state board must review and
49 approve the improvement plan and, if the plan is approved, must
50 monitor the institution’s progress in implementing the
51 activities and strategies specified in the improvement plan. The
52 institution shall submit monitoring reports to the state board
53 by December 31 and May 31 of each year in which an improvement
54 plan is in place. The ability of an institution to submit an
55 improvement plan to the state board is limited to 1 fiscal year.
56 (c) The Commissioner of Education shall withhold
57 disbursement of the institutional investment until the
58 monitoring report is approved by the State Board of Education. A
59 Florida College System institution determined by the state board
60 to be making satisfactory progress on implementing the
61 improvement plan shall receive no more than one-half of the
62 withheld institutional investment in January and the balance of
63 the withheld institutional investment in June. An institution
64 that fails to make satisfactory progress may not have its full
65 institutional investment restored. Any institutional investment
66 funds that are not restored shall be redistributed in accordance
67 with the state board’s performance-based metrics.
68 (4) Distributions of performance funding, as provided in
69 this section, shall be made to each of the Florida College
70 System institutions listed in the Florida Colleges category in
71 the General Appropriations Act.
72 (5) By October 1 of each year, the State Board of Education
73 shall submit to the Governor, the President of the Senate, and
74 the Speaker of the House of Representatives a report on the
75 previous fiscal year’s performance funding allocation, which
76 must reflect the rankings and award distributions.
77 (6) The State Board of Education shall adopt rules to
78 administer this section.
79 Section 2. Subsection (1) of section 1001.7065, Florida
80 Statutes, is reenacted, and subsections (2), (3), and (5)
81 through (9) of that section are amended, to read:
82 1001.7065 Preeminent state research universities program.—
83 (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
84 COLLABORATION.—A collaborative partnership is established
85 between the Board of Governors and the Legislature to elevate
86 the academic and research preeminence of Florida’s highest
87 performing state research universities in accordance with this
88 section. The partnership stems from the State University System
89 Governance Agreement executed on March 24, 2010, wherein the
90 Board of Governors and leaders of the Legislature agreed to a
91 framework for the collaborative exercise of their joint
92 authority and shared responsibility for the State University
93 System. The governance agreement confirmed the commitment of the
94 Board of Governors and the Legislature to continue collaboration
95 on accountability measures, the use of data, and recommendations
96 derived from such data.
97 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
98 July 1, 2013, The following academic and research excellence
99 standards are established for the preeminent state research
100 universities program:
101 (a) An average weighted grade point average of 4.0 or
102 higher on a 4.0 scale and an average SAT score of 1800 or higher
103 on a 2400-point scale or 1200 or higher on a 1600-point scale
104 for fall semester incoming freshmen, as reported annually.
105 (b) A top-50 ranking on at least two well-known and highly
106 respected national public university rankings, including, but
107 not limited to, the U.S. News and World Report rankings,
108 reflecting national preeminence, using most recent rankings.
109 (c) A freshman retention rate of 90 percent or higher for
110 full-time, first-time-in-college students, as reported annually
111 to the Integrated Postsecondary Education Data System (IPEDS).
112 (d) A 6-year graduation rate of 70 percent or higher for
113 full-time, first-time-in-college students, as reported annually
114 to the IPEDS.
115 (e) Six or more faculty members at the state university who
116 are members of a national academy, as reported by the Center for
117 Measuring University Performance in the Top American Research
118 Universities (TARU) annual report or the official membership
119 directories maintained by each national academy.
120 (f) Total annual research expenditures, including federal
121 research expenditures, of $200 million or more, as reported
122 annually by the National Science Foundation (NSF).
123 (g) Total annual research expenditures in diversified
124 nonmedical sciences of $150 million or more, based on data
125 reported annually by the NSF.
126 (h) A top-100 university national ranking for research
127 expenditures in five or more science, technology, engineering,
128 or mathematics fields of study, as reported annually by the NSF.
129 (i) One hundred or more total patents awarded by the United
130 States Patent and Trademark Office for the most recent 3-year
131 period.
132 (j) Four hundred or more doctoral degrees awarded annually,
133 including professional doctoral degrees awarded in medical and
134 health care disciplines, as reported in the Board of Governors
135 Annual Accountability Report.
136 (k) Two hundred or more postdoctoral appointees annually,
137 as reported in the TARU annual report.
138 (l) An endowment of $500 million or more, as reported in
139 the Board of Governors Annual Accountability Report.
140 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
141 (a) The Board of Governors shall designate each state
142 research university that meets at least 11 of the 12 academic
143 and research excellence standards identified in subsection (2)
144 as a “preeminent state research university.” preeminent state
145 research university.
146 (b) The Board of Governors shall designate each state
147 university that meets at least 6 of the 12 academic and research
148 excellence standards identified in subsection (2) as an
149 “emerging preeminent state research university.”
150
151 The Board of Governors may, upon petition of a university
152 designated under this subsection, temporarily suspend or rescind
153 the designation, or may, with the concurrence of the Governor,
154 the President of the Senate, and the Speaker of the House of
155 Representatives, revoke the designation of a university under
156 this subsection.
157 (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
158 UNIVERSITY SUPPORT.—
159 (a) A state research university that is designated as a
160 preeminent state research university, as of July 1, 2013, meets
161 all 12 of the academic and research excellence standards
162 identified in subsection (2), as verified by the Board of
163 Governors, shall submit to the Board of Governors a 5-year
164 benchmark plan with target rankings on key performance metrics
165 for national excellence. Upon approval by the Board of
166 Governors, and upon the university’s meeting the benchmark plan
167 goals annually, the Board of Governors shall award the
168 university its proportionate share of any funds provided
169 annually to support the program created under this section an
170 amount specified in the General Appropriations Act to be
171 provided annually throughout the 5-year period. Funding for this
172 purpose is contingent upon specific appropriation in the General
173 Appropriations Act.
174 (b) A state university designated as an emerging preeminent
175 state research university shall submit to the Board of Governors
176 a 5-year benchmark plan with target rankings on key performance
177 metrics for national excellence. Upon approval by the Board of
178 Governors, and upon the university’s meeting the benchmark plan
179 goals annually, the Board of Governors shall award the
180 university its proportionate share of any funds provided
181 annually to support the program created under this section.
182 (c) The award of funds under this subsection is contingent
183 upon funding provided in the General Appropriations Act to
184 support the preeminent state research universities program
185 created under this section. Funding increases appropriated
186 beyond the amounts funded in the previous fiscal year shall be
187 distributed as follows:
188 1. Each designated preeminent state research university
189 that meets the criteria in paragraph (a) shall receive an equal
190 amount of funding.
191 2. Each designated emerging preeminent state research
192 university that meets the criteria in paragraph (b) shall
193 receive an amount of funding that is equal to one-half of the
194 total increased amount awarded to each designated preeminent
195 state research university.
196 (6) PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
197 INITIATIVE.—A state research university that, as of July 1,
198 2013, meets 11 of the 12 academic and research excellence
199 standards identified in subsection (2), as verified by the Board
200 of Governors, shall submit to the Board of Governors a 5-year
201 benchmark plan with target rankings on key performance metrics
202 for national excellence. Upon the university’s meeting the
203 benchmark plan goals annually, the Board of Governors shall
204 award the university an amount specified in the General
205 Appropriations Act to be provided annually throughout the 5-year
206 period for the purpose of recruiting National Academy Members,
207 expediting the provision of a master’s degree in cloud
208 virtualization, and instituting an entrepreneurs-in-residence
209 program throughout its campus. Funding for this purpose is
210 contingent upon specific appropriation in the General
211 Appropriations Act.
212 (7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
213 REQUIREMENT AUTHORITY.—In order to provide a jointly shared
214 educational experience, a university that is designated a
215 preeminent state research university may require its incoming
216 first-time-in-college students to take a 9-to-12-credit set of
217 unique courses specifically determined by the university and
218 published on the university’s website. The university may
219 stipulate that credit for such courses may not be earned through
220 any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
221 or any other transfer credit. All accelerated credits earned up
222 to the limits specified in ss. 1007.27 and 1007.271 shall be
223 applied toward graduation at the student’s request.
224 (6)(8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
225 AUTHORITY.—The Board of Governors is encouraged to identify and
226 grant all reasonable, feasible authority and flexibility to
227 ensure that a designated preeminent state research university is
228 free from unnecessary restrictions.
229 (7)(9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
230 UNIVERSITY SYSTEM.—The Board of Governors is encouraged to
231 establish standards and measures whereby individual programs in
232 state universities that objectively reflect national excellence
233 can be identified and make recommendations to the Legislature as
234 to how any such programs could be enhanced and promoted.
235 Section 3. Section 1001.92, Florida Statutes, is amended to
236 read:
237 1001.92 State University System Performance-Based
238 Incentive.—
239 (1) A State University System Performance-Based Incentive
240 shall be awarded to state universities using performance-based
241 metrics adopted by the Board of Governors of the State
242 University System. The performance-based metrics must include
243 graduation rates;, retention rates;, postgraduation education
244 rates;, degree production;, affordability;, postgraduation
245 employment and salaries, including wage thresholds that reflect
246 the added value of a baccalaureate degree; access;, and other
247 metrics approved by the board in a formally noticed meeting. The
248 board shall adopt benchmarks to evaluate each state university’s
249 performance on the metrics to measure the state university’s
250 achievement of institutional excellence or need for improvement
251 and minimum requirements for eligibility to receive performance
252 funding.
253 (2) Each fiscal year, the amount of funds available for
254 allocation to the state universities based on the performance
255 based funding model metrics shall consist of the state’s
256 investment in appropriation for performance funding, including
257 increases in base funding plus institutional investments
258 consisting of funds deducted from the base funding of each state
259 university in the State University System, in an amount provided
260 in the General Appropriations Act. The Board of Governors shall
261 establish minimum performance funding eligibility thresholds for
262 the state’s investment and the institutional investments. A
263 state university that fails to meet the minimum state investment
264 performance funding eligibility threshold is ineligible for a
265 share of the state’s investment in performance funding. The
266 institutional investment shall be restored for each institution
267 eligible for the state’s investment under the performance-based
268 funding model metrics.
269 (3)(a) A state university that fails to meet the Board of
270 Governors’ minimum institutional investment performance funding
271 eligibility threshold shall have a portion of its institutional
272 investment withheld by the board and must submit an improvement
273 plan to the board that specifies the activities and strategies
274 for improving the state university’s performance. The board must
275 review and approve the improvement plan and, if the plan is
276 approved, must monitor the state university’s progress in
277 implementing the activities and strategies specified in the
278 improvement plan. The state university shall submit monitoring
279 reports to the board by December 31 and May 31 of each year in
280 which an improvement plan is in place. The ability of a state
281 university to submit an improvement plan to the board is limited
282 to 1 fiscal year.
283 (b) The Chancellor of the State University System shall
284 withhold disbursement of the institutional investment until the
285 monitoring report is approved by the Board of Governors. A state
286 university that is determined by the board to be making
287 satisfactory progress on implementing the improvement plan shall
288 receive no more than one-half of the withheld institutional
289 investment in January and the balance of the withheld
290 institutional investment in June. A state university that fails
291 to make satisfactory progress may not have its full
292 institutional investment restored. Any institutional investment
293 funds that are not restored shall be redistributed in accordance
294 with the board’s performance-based metrics.
295 (4) Distributions of performance funding, as provided in
296 this section, shall be made to each of the state universities
297 listed in the Education and General Activities category in the
298 General Appropriations Act.
299 (5) By October 1 of each year, the Board of Governors shall
300 submit to the Governor, the President of the Senate, and the
301 Speaker of the House of Representatives a report on the previous
302 fiscal year’s performance funding allocation which must reflect
303 the rankings and award distributions.
304 (6) The Board of Governors shall adopt regulations to
305 administer this section expires July 1, 2016.
306 Section 4. Subsection (3) of section 1012.39, Florida
307 Statutes, is amended to read:
308 1012.39 Employment of substitute teachers, teachers of
309 adult education, nondegreed teachers of career education, and
310 career specialists; students performing clinical field
311 experience.—
312 (3) A student who is enrolled in a state-approved teacher
313 preparation program in a postsecondary educational institution
314 that is approved by rules of the State Board of Education and
315 who is jointly assigned by the postsecondary educational
316 institution and a district school board to perform a clinical
317 field experience under the direction of a regularly employed and
318 certified educator shall, while serving such supervised clinical
319 field experience, be accorded the same protection of law as that
320 accorded to the certified educator except for the right to
321 bargain collectively as an employee of the district school
322 board. The district school board providing the clinical field
323 experience shall notify the student electronically or in writing
324 of the availability of educator liability insurance under s.
325 1012.75. A postsecondary educational institution or district
326 school board may not require a student enrolled in a state
327 approved teacher preparation program to purchase liability
328 insurance as a condition of participation in any clinical field
329 experience or related activity on the premises of an elementary
330 or a secondary school.
331 Section 5. Section 1012.731, Florida Statutes, is created
332 to read:
333 1012.731 The Florida Best and Brightest Teacher Scholarship
334 Program.—
335 (1) The Legislature recognizes that, second only to
336 parents, teachers play the most critical role within schools in
337 preparing students to achieve a high level of academic
338 performance. The Legislature further recognizes that research
339 has linked student outcomes to a teacher’s own academic
340 achievement. Therefore, it is the intent of the Legislature to
341 designate teachers who have achieved high academic standards
342 during their own education as Florida’s best and brightest
343 teacher scholars.
344 (2) There is created the Florida Best and Brightest Teacher
345 Scholarship Program to be administered by the Department of
346 Education. The scholarship program shall provide categorical
347 funding for scholarships to be awarded to teachers who have
348 demonstrated a high level of academic achievement.
349 (3)(a) To be eligible for a scholarship, a teacher:
350 1. Must have scored at or above the 80th percentile on
351 either the SAT or the ACT based on the percentile ranks in
352 effect when the teacher took the assessment and have been
353 evaluated as highly effective pursuant to s. 1012.34; or
354 2. If the teacher is a first-year teacher who has not been
355 evaluated pursuant to s. 1012.34, must have scored at or above
356 the 80th percentile on either the SAT or the ACT based on the
357 percentile ranks in effect when the teacher took the assessment.
358 (b) In order to demonstrate eligibility for an award, an
359 eligible teacher must submit to the school district, no later
360 than October 1, an official record of his or her SAT or ACT
361 score demonstrating that the teacher scored at or above the 80th
362 percentile based on the percentile ranks in effect when the
363 teacher took the assessment. Once a teacher is deemed eligible
364 by the school district, including teachers deemed eligible in
365 the 2015-2016 fiscal year, the teacher shall remain eligible as
366 long as he or she is employed by the school district and
367 maintains or, if the teacher is a first-year teacher, earns the
368 evaluation designation of highly effective pursuant to s.
369 1012.34.
370 (4) Annually, by December 1, each school district shall
371 submit to the department the number of eligible teachers who
372 qualify for the scholarship.
373 (5) Annually, by February 1, the department shall disburse
374 scholarship funds, in an amount prescribed annually by the
375 Legislature in the General Appropriations Act, to each school
376 district for each eligible teacher to receive a scholarship. If
377 the number of eligible teachers exceeds the total appropriation
378 authorized in the General Appropriations Act, the department
379 shall prorate the per-teacher scholarship amount.
380 (6) Annually, by April 1, each school district shall
381 provide payment of the scholarship to each eligible teacher.
382 (7) For purposes of this section, the term “school
383 district” includes the Florida School for the Deaf and the Blind
384 and charter school governing boards.
385 Section 6. Subsection (3) of section 1012.75, Florida
386 Statutes, is amended to read:
387 1012.75 Liability of teacher or principal; excessive
388 force.—
389 (3) The Department of Education shall administer an
390 educator liability insurance program, as provided in the General
391 Appropriations Act, to protect full-time instructional personnel
392 from liability for monetary damages and the costs of defending
393 actions resulting from claims made against the instructional
394 personnel arising out of occurrences in the course of activities
395 within the instructional personnel’s professional capacity. For
396 purposes of this subsection, the terms “full-time,” “part-time,”
397 and “administrative personnel” shall be defined by the
398 individual district school board. For purposes of this
399 subsection, the term “instructional personnel” has the same
400 meaning as provided in s. 1012.01(2).
401 (a) Liability coverage of at least $2 million shall be
402 provided to all full-time instructional personnel. Liability
403 coverage may be provided to the following individuals who choose
404 to participate in the program, at cost: part-time instructional
405 personnel, administrative personnel, and students enrolled in a
406 state-approved teacher preparation program pursuant to s.
407 1012.39(3).
408 (b) By August 1 of each year, the department shall notify
409 the personnel specified in paragraph (a) of the pending
410 procurement for liability coverage. By September 1 of each year,
411 each district school board shall notify the personnel specified
412 in paragraph (a) of the liability coverage provided pursuant to
413 this subsection. The department shall develop the form of the
414 notice which shall be used by each district school board. The
415 notice must be on an 8 1/2-inch by 5 1/2-inch postcard and
416 include the amount of coverage, a general description of the
417 nature of the coverage, and the contact information for coverage
418 and claims questions. The notification shall be provided
419 separately from any other correspondence. Each district school
420 board shall certify to the department, by September 15 of each
421 year, that the notification required by this paragraph has been
422 provided.
423 (c) The department shall consult with the Department of
424 Financial Services to select the most economically prudent and
425 cost-effective means of implementing the program through self
426 insurance, a risk management program, or competitive
427 procurement.
428 (d) This subsection expires July 1, 2016.
429 Section 7. This act shall take effect July 1, 2016.
430
431 ================= T I T L E A M E N D M E N T ================
432 And the title is amended as follows:
433 Delete everything before the enacting clause
434 and insert:
435 A bill to be entitled
436 An act relating to education; creating s. 1001.66,
437 F.S.; creating a Florida College System Performance
438 Based Incentive for Florida College System
439 institutions; requiring the State Board of Education
440 to adopt certain metrics and benchmarks; providing for
441 funding and allocation of the incentives; authorizing
442 the state board to withhold an institution’s incentive
443 under certain circumstances; requiring the
444 Commissioner of Education to withhold certain
445 disbursements under certain circumstances; providing
446 for reporting and rulemaking; amending s. 1001.7065,
447 F.S., and reenacting subsection (1), relating to state
448 university system shared governance collaboration;
449 deleting obsolete provisions; revising the academic
450 and research excellence standards for the preeminent
451 state research universities program; requiring the
452 Board of Governors to designate a state university
453 that meets specified requirements as an “emerging
454 preeminent state research university”; authorizing the
455 Board of Governors to suspend, rescind, or revoke a
456 university’s designation under certain circumstances;
457 requiring an emerging preeminent state research
458 university to submit a certain plan to the board and
459 meet specified expectations to receive certain funds;
460 providing for the distribution of certain funding
461 increases; deleting provisions relating to the
462 preeminent state research university enhancement
463 initiative and special course requirement
464 authorization; amending s. 1001.92, F.S.; requiring
465 performance-based metrics to include specified wage
466 thresholds; requiring the board to establish minimum
467 performance funding eligibility thresholds;
468 prohibiting a state university that fails to meet the
469 state’s threshold from eligibility for a share of the
470 state’s investment performance funding; requiring the
471 board to adopt regulations; deleting an expiration;
472 amending s. 1012.39, F.S.; providing requirements
473 regarding liability insurance for students performing
474 clinical field experience; creating s. 1012.731, F.S.;
475 providing legislative intent; establishing the Florida
476 Best and Brightest Teacher Scholarship Program;
477 providing eligibility criteria; requiring a school
478 district to annually submit the number of eligible
479 teachers to the Department of Education; providing for
480 funding and the disbursement of funds; defining the
481 term “school district”; amending s. 1012.75, F.S.;
482 requiring annual notification of liability insurance
483 to specified personnel; abrogating the scheduled
484 expiration of the educator liability insurance
485 program; providing an effective date.