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         1001.66Florida 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.