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         1001.66Florida 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         1012.731The 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.