House Bill hb1533

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    Florida House of Representatives - 2001                HB 1533

        By Representatives Lynn, Melvin, Waters, Wallace, Dockery,
    Lacasa, Murman, Maygarden, Johnson, Andrews and Kilmer





  1                      A bill to be entitled

  2         An act relating to education governance

  3         reorganization; amending s. 229.001, F.S.;

  4         revising a short title to delete obsolete

  5         language; amending s. 229.002, F.S.; revising

  6         the policy and guiding principles of the

  7         Legislature relating to education governance;

  8         amending s. 229.003, F.S.; revising the

  9         timeframe for education governance

10         reorganization; revising the titles of the

11         education governance officers; revising the

12         name of the Florida On-Line High School to

13         conform with changes made by the bill; revising

14         the membership of university boards of

15         trustees; abolishing the Board of Regents, the

16         State Board of Community Colleges, and the

17         Postsecondary Education Planning Commission;

18         transferring the powers, duties, functions,

19         records, personnel, property, unexpended

20         balances of appropriations, allocations, other

21         funds, administrative authority, administrative

22         rules, pending issues, and existing contracts

23         of the Board of Regents to the Florida Board of

24         Education, of the State Board of Community

25         Colleges to the Florida Board of Education, and

26         of the Postsecondary Education Planning

27         Commission to the Education K-20 Policy and

28         Research Commission, respectively; creating the

29         Education K-20 Policy and Research Commission

30         within OPPAGA; transferring the Articulation

31         Coordinating Committee and the Education

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  1         Standards Commission by type two transfer from

  2         the Department of Education to the Florida

  3         Board of Education; requiring the Commissioner

  4         of Education to commence reorganization of the

  5         department and specifying offices and

  6         divisions; requiring the merger of the powers,

  7         duties, and staffs of the State Board of

  8         Independent Colleges and Universities and the

  9         State Board of Nonpublic Career Education, with

10         an exception, into a single Commission for

11         Independent Education; creating s. 229.0031,

12         F.S.; creating the Education K-20 Policy and

13         Research Commission; establishing the

14         membership and duties of the commission;

15         providing for the appointment and employment of

16         an executive director; amending s. 229.004,

17         F.S.; revising the timeframe for the creation

18         of the Florida Board of Education; deleting the

19         requirement that the board be part time;

20         revising the duties and responsibilities of the

21         board; conforming terminology with changes made

22         by the bill; providing cross references to

23         newly created missions and goals and

24         guidelines; amending s. 229.005, F.S.; revising

25         provisions relating to qualifications of

26         Florida education governance officers to

27         conform terminology to changes made by the bill

28         and to provide cross references to newly

29         created missions and goals; requiring the

30         Commissioner of Education to work with the

31         board and oversee the chancellors and the

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  1         executive director and to serve as secretary of

  2         the Florida Board of Education and as chief

  3         executive officer of the seamless K-20

  4         education system; deleting references to

  5         requirements of the Florida Constitution

  6         relating to education; requiring the Chancellor

  7         of Public Schools, the Chancellor of Colleges

  8         and Universities, the Chancellor of Community

  9         Colleges, and the Executive Director of

10         Independent Education to work as division vice

11         presidents of the seamless K-20 education

12         system; revising the name of the Florida

13         On-Line High School to conform with changes

14         made by the bill; amending s. 229.006, F.S.;

15         deleting obsolete language relating to the

16         creation and already-accomplished duties of the

17         Education Governance Reorganization Transition

18         Task Force; revising the timeframe for the

19         reorganization; requiring the task force to

20         provide guidance and monitoring of the

21         reorganization implementation process and to

22         report to the Governor, the Legislature, and

23         the public on its progress; revising the

24         timeframe and recipients of the final report of

25         the task force; creating s. 229.0061, F.S.;

26         establishing guidelines for the implementation,

27         structure, functions, and organization of

28         Florida's K-20 education system; creating s.

29         229.007, F.S.; establishing Florida's K-20

30         education performance accountability system;

31         providing legislative intent; establishing the

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  1         mission and goals and systemwide measures;

  2         creating s. 229.0072, F.S.; establishing a

  3         reorganization implementation process;

  4         requiring the Governor to appoint university

  5         boards of trustees and a Florida Board of

  6         Education; establishing duties of the Florida

  7         Board of Education relating to the transition

  8         and implementation of the K-20 system;

  9         requiring the Commissioner of Education to work

10         with the Florida Board of Education to achieve

11         full implementation of the seamless K-20 system

12         and to commence reorganization of the

13         department as required by the act; requiring

14         the Florida Board of Education to appoint

15         advisory bodies as necessary, and develop and

16         recommend to the Legislature a new School Code;

17         creating s. 229.0073, F.S.; directing the

18         Commissioner of Education to work with the

19         Florida Board of Education to reorganize the

20         Department of Education as provided by the act;

21         creating s. 229.0074, F.S.; establishing the

22         mission of the Division of Independent

23         Education; providing duties of the executive

24         director; combining and transferring the powers

25         and duties of the State Board of Independent

26         Colleges and Universities and the State Board

27         of Nonpublic Career Education, with an

28         exception, to the Commission for Independent

29         Education; providing duties of the commission;

30         creating s. 229.008, F.S.; providing for

31         establishment and membership of boards of

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  1         trustees of universities in the State

  2         University System; creating s. 229.0081, F.S.;

  3         establishing powers and duties of university

  4         boards of trustees; creating s. 229.0082, F.S.;

  5         establishing powers and duties of university

  6         presidents; creating s. 229.0083, F.S.;

  7         providing legislative intent regarding the

  8         School Readiness Act; clarifying

  9         responsibilities of the Florida Partnership for

10         School Readiness, the Department of Education,

11         and parents relating to school readiness;

12         creating s. 229.0084, F.S.; providing a

13         statement of legislative finding and intent

14         regarding liability for student achievement;

15         amending s. 228.082, F.S.; revising the name of

16         the Florida On-Line High School to the Florida

17         Virtual High School, which school shall be

18         housed within the Commissioner of Education's

19         Office of Technology and Information Services

20         and monitored by the commissioner; stating the

21         mission of the Florida Virtual High School;

22         deleting obsolete language; revising the duties

23         of the school's board of trustees; requiring

24         the Department of Education to maximize federal

25         indirect cost allowed on federal grants;

26         requiring appropriation for expenditure of

27         funds received from indirect cost allowance;

28         repealing s. 229.085, F.S., relating to custody

29         of educational funds; repealing ss. 240.145,

30         240.147, 240.209(2), 240.227, 240.307, and

31         240.311(4), F.S., relating to the Postsecondary

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  1         Education Planning Commission, the powers and

  2         duties of the commission, the Board of Regents

  3         appointment of a Chancellor of the State

  4         University System, powers and duties of

  5         university presidents, the appointment of

  6         members of the State Board of Community

  7         Colleges, and the appointment of an executive

  8         director of the community college system;

  9         providing effective dates.

10

11         WHEREAS, in response to Floridians' amendment of s. 2,

12  Art. IX of the State Constitution requiring a seven-member

13  state board of education appointed by the Governor to

14  staggered 4-year terms, subject to confirmation by the Senate,

15  which "shall appoint the commissioner of education," the 2000

16  Legislature enacted the "Florida Education Governance

17  Reorganization Act of 2000" (chapter 2000-321, Laws of

18  Florida), and

19         WHEREAS, the Florida Education Governance

20  Reorganization Act of 2000 provided legislative policy and

21  guiding principles for a seamless kindergarten through

22  postgraduate education system; provided for the future repeal

23  of existing education entities and statutes; provided for

24  nine-member boards of trustees for each university in the

25  State University System; provided for the establishment and

26  duties of the Florida Board of Education and specified

27  education governance officers; and established the Education

28  Governance Reorganization Transition Task Force charged with

29  the duty to make recommendations to the Legislature, pursuant

30  to a legislatively established timeline, to accomplish a

31  smooth and orderly transition to the new education system, and

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  1         WHEREAS, the Education Governance Reorganization

  2  Transition Task Force was timely appointed and has been

  3  aggressively pursuing its statutory duties by holding meetings

  4  and public hearings throughout the state, consulting with

  5  education stakeholders and national experts, taking public

  6  testimony, and working to expedite its recommendations, NOW,

  7  THEREFORE,

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 229.001, Florida Statutes, is

12  amended to read:

13         229.001  Short title.--This act may be cited as the

14  "Florida Education Governance Reorganization Implementation

15  Act of 2000."

16         Section 2.  Section 229.002, Florida Statutes, is

17  amended to read:

18         229.002  Declaration of policy and guiding

19  principles.--

20         (1)  It is the policy of the Legislature:

21         (a)  To achieve within existing resources true systemic

22  change in education governance by establishing a seamless

23  academic educational system that fosters an integrated

24  continuum of kindergarten through graduate school education

25  for Florida's citizens.

26         (b)  To promote enhanced academic success and funding

27  efficiency by centralizing the governance of educational

28  delivery systems and aligning responsibility with

29  accountability.

30         (c)  To provide consistent education policy vertically

31  and horizontally across all educational delivery systems,

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  1  focusing on students the needs of those receiving education,

  2  not those providing education.

  3         (d)  To provide substantially improved vertical and

  4  horizontal articulation across all educational delivery

  5  systems while still ensuring that nonpublic education

  6  institutions and home education programs maintain their

  7  independence, autonomy, and nongovernmental status.

  8         (e)  To provide for devolution of authority to the

  9  schools, community colleges, universities, and other education

10  institutions that are the actual deliverers of educational

11  services in order to provide student-centered education

12  services within the clear parameters of the overarching

13  education policy established by the Legislature.

14         (2)  The guiding principles for Florida's new education

15  governance are:

16         (a)  A coordinated, seamless system for kindergarten

17  through graduate school education.

18         (b)  A system that is student-centered in every facet.

19         (c)  A system that maximizes education access and

20  provides the opportunity for a high-quality education academic

21  success for all Floridians.

22         (d)  A system that safeguards equity and supports

23  academic excellence.

24         (e)  A system that provides for local operational

25  flexibility while promoting accountability for student

26  achievement and improvement refuses to compromise academic

27  excellence.

28         Section 3.  Section 229.003, Florida Statutes, is

29  amended to read:

30         229.003  Florida education governance reorganization.--

31

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  1         (1)  Effective January 7, 2003, The Florida Board of

  2  Education, created pursuant to s. 229.004, shall be

  3  responsible for overseeing kindergarten through graduate

  4  school education, in accordance with the implementation

  5  process in s. 229.0072 and the policies and guiding principles

  6  in s. 229.002 and the mission and goals of s. 229.007.

  7         (2)  Effective January 7, 2003, the Florida Board of

  8  Education shall appoint the Commissioner of Education.

  9         (2)(3)  Effective January 7, 2003, There are is

10  established the following education governance officers in

11  addition to the Commissioner of Education:

12         (a)  A Chancellor of Public Schools, K-12 Education

13  appointed by the Commissioner of Education.

14         (b)  A Chancellor of Colleges and State Universities,

15  appointed by the Commissioner of Education.

16         (c)  A Chancellor of Community Colleges and Career

17  Preparation, appointed by the Commissioner of Education.

18         (d)  An Executive Director of Independent Nonpublic and

19  Nontraditional Education, appointed by the Commissioner of

20  Education.

21

22  Each chancellor and executive director shall be subject to

23  confirmation by the Florida Board of Education and shall serve

24  at the pleasure and under the authority of the Commissioner of

25  Education.

26         (3)(4)  Effective July 1, 2000, The Governor shall

27  appoint a seven-member board of trustees for the Florida

28  Virtual On-Line High School, which shall be a body corporate

29  with all the powers of a body corporate.

30         (4)(5)  Effective January 7, 2003, The Governor shall

31  appoint for each university in the State University System, an

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  1  11-member a nine-member board of trustees, which shall be a

  2  body corporate with all the powers of a body corporate. In

  3  addition to the 11 members, each student body president shall

  4  serve as an ex officio nonvoting member of the board of

  5  trustees. There shall be no state residency requirement for

  6  university board members, but the Governor shall consider

  7  regional representatives, as appropriate All members of the

  8  board of trustees of Florida Atlantic University must reside

  9  within the service area of the university; three must be

10  residents of Broward County, three must be residents of Palm

11  Beach County, and three may be residents of any county within

12  the service area.

13         (5)  Effective July 1, 2001:

14         (a)  The Board of Regents is abolished.

15         (b)  All of the powers, duties, functions, records,

16  personnel, and property; unexpended balances of

17  appropriations, allocations, and other funds; administrative

18  authority; administrative rules; pending issues; and existing

19  contracts of the Board of Regents are transferred by a type

20  two transfer, pursuant to s. 20.06(2), to the Florida Board of

21  Education.

22         (c)  The State Board of Community Colleges is

23  abolished.

24         (d)  All of the powers, duties, functions, records,

25  personnel, and property; unexpended balances of

26  appropriations, allocations, and other funds; administrative

27  authority; administrative rules; pending issues; and existing

28  contracts of the State Board of Community Colleges are

29  transferred by a type two transfer, pursuant to s. 20.06(2),

30  from the Department of Education to the Florida Board of

31  Education.

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  1         (e)  The Postsecondary Education Planning Commission is

  2  abolished.

  3         (f)  The Education K-20 Policy and Research Commission

  4  is created and assigned for administrative purposes to the

  5  Office of Program Policy Analysis and Government

  6  Accountability (OPPAGA).

  7         (g)  All personnel, unexpended balances of

  8  appropriations, and allocations of the Postsecondary Education

  9  Planning Commission are transferred to the Education K-20

10  Policy and Research Commission.

11         (h)  The Articulation Coordinating Committee and the

12  Education Standards Commission are transferred by a type two

13  transfer, pursuant to s. 20.06(2), from the Department of

14  Education to the Florida Board of Education.

15         (i)  Notwithstanding the provisions of s. 20.15, the

16  Commissioner of Education shall commence the reorganization of

17  the Department of Education in accordance with s. 229.0073,

18  which shall include an Office of the Commissioner of Education

19  comprised of the general areas of operation that are common to

20  all delivery sectors and, in addition, shall include:

21         1.  The creation of an Office of Technology and

22  Information Services, an Office of Workforce and Economic

23  Development, and an Office of Educational Facilities.

24         2.  The creation of a Division of Colleges and

25  Universities.

26         3.  The creation of a Division of Community Colleges.

27         4.  The creation of a Division of Public Schools.

28         5.  The creation of a Division of Independent

29  Education.

30         6.  The merger of the powers, duties, and staffs of the

31  State Board of Independent Colleges and Universities and the

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  1  State Board of Nonpublic Career Education, except as relating

  2  to any independent nonprofit college or university which is

  3  located in and chartered by the state, is accredited by the

  4  Commission on Colleges of the Southern Association of Colleges

  5  and Schools, and grants baccalaureate degrees, into a single

  6  Commission for Independent Education administratively housed

  7  within the Division of Independent Education.

  8         (6)  Effective January 7, 2003, the powers and duties

  9  of the following entities are relocated to the Florida Board

10  of Education, which shall retain all related funding and

11  budget authority for purposes of a single, seamless

12  kindergarten through graduate school education system and

13  single or coordinated budget and may retain or redistribute

14  the powers and duties of each entity in accordance with the

15  policies and guiding principles of s. 229.002, and the

16  entities shall cease to exist:

17         (a)  The Board of Regents.

18         (b)  The State Board of Community Colleges.

19         (c)  The State Board of Independent Colleges and

20  Universities.

21         (d)  The State Board of Nonpublic Career Education.

22         (e)  The Division of Workforce Development of the

23  Department of Education.

24         (f)  The Postsecondary Education Planning Commission.

25         (g)  The Articulation Coordination Committee.

26         (h)  The Division of Human Resource Development of the

27  Department of Education.

28         (i)  The Division of Support Services of the Department

29  of Education.

30         (j)  The Division of Administration of the Department

31  of Education.

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  1         (k)  The Division of Financial Services of the

  2  Department of Education.

  3         (l)  The Division of Technology of the Department of

  4  Education.

  5         (m)  The Office of Student Financial Assistance of the

  6  Department of Education.

  7         (n)  The Division of Universities of the Department of

  8  Education.

  9         (o)  The Division of Community Colleges of the

10  Department of Education.

11         Section 4.  Section 229.0031, Florida Statutes, is

12  created to read:

13         229.0031  Education K-20 Policy and Research

14  Commission.--Effective July 1, 2001, the Education K-20 Policy

15  and Research Commission shall be created, which shall be

16  administratively housed within the Office of Program Policy

17  Analysis and Government Accountability (OPPAGA).

18         (1)(a)  The commission shall be composed of five

19  members appointed by the Governor, two members appointed by

20  the President of the Senate, and two members appointed by the

21  Speaker of the House of Representatives, none of whom shall be

22  an elected official. Each member shall serve a term of 6

23  years; however, for the purpose of providing staggered terms,

24  of the initial appointments one of the members appointed by

25  the Governor, one of the members appointed by the President of

26  the Senate, and one of the members appointed by the Speaker of

27  the House of Representatives shall be appointed to 4-year

28  terms, one of the members appointed by the President of the

29  Senate and one of the members appointed by the Speaker of the

30  House of Representatives shall be appointed to 5-year terms,

31

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  1  and the remaining four members shall be appointed to 6-year

  2  terms.

  3         (b)  The members of the commission shall serve without

  4  compensation, but shall be reimbursed for per diem and travel

  5  expenses pursuant to s. 112.061.

  6         (2)  The commission shall appoint and employ an

  7  executive director, who shall be the chief administrative

  8  officer of the commission and shall report directly to the

  9  commission, except that the first executive director shall be

10  appointed by the Education Governance Reorganization

11  Transition Task Force, subject to confirmation by the

12  commission.

13         (3)  The commission shall:

14         (a)  Provide state policymakers with objective, timely,

15  and independent information that supports a seamless

16  student-centered K-20 education system and accountability

17  process that provides all students an opportunity for a

18  high-quality education, in accordance with the policies and

19  guiding principles of s. 229.002.

20         (b)  Annually review and make recommendations to the

21  Legislature regarding the activities of research centers and

22  institutes supported with state funds in order to assess the

23  return on the state's investment in research conducted by

24  public postsecondary education institutions.

25         (c)  Explore national, state, and local emerging

26  issues.

27         (d)  Identify successful and innovative educational

28  programs.

29         (e)  Prepare and submit for approval to the

30  Commissioner of Education and the Florida Board of Education a

31  long-range master plan for the seamless K-20 education system,

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  1  and review and report annually on the plan's implementation,

  2  success, and recommended revision.

  3         (f)  Conduct selected program evaluations upon request

  4  of the Legislature or the Florida Board of Education.

  5         Section 5.  Section 229.004, Florida Statutes, is

  6  amended to read:

  7         229.004  Florida Board of Education.--

  8         (1)(a)  In accordance with the implementation process

  9  in s. 229.0072 Effective January 7, 2003, the Florida Board of

10  Education is established as a body corporate. The board shall

11  be a part-time citizen board consisting of seven members

12  appointed by the Governor to staggered 4-year terms, subject

13  to confirmation by the Senate, provided, however, that Senate

14  confirmation is not required for the members of the Florida

15  Board of Education to perform the duties as prescribed in this

16  education governance reorganization implementation act.

17  Members of the board shall serve without compensation, but

18  shall be entitled to reimbursement of travel and per diem

19  expenses in accordance with s. 112.061. Members may be

20  reappointed by the Governor for additional terms.

21         (b)  The Florida Board of Education shall have a

22  chairperson who shall be appointed by the Governor.

23         (2)  The primary duties of the board shall be to

24  establish education goals and objectives consistent with the

25  policies and guiding principles of s. 229.002 and the mission

26  and goals of s. 229.007 and, together with the Commissioner of

27  Education, to oversee the implementation of and enforce

28  compliance with the education policies established by the

29  Legislature. The board, and the commissioner, shall establish,

30  operate, and maintain optimal efficiency of an Office of the

31

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  1  Board of Education in accordance with the guidelines of ss.

  2  229.0061 and 229.0073.

  3         (3)  In performing its duties, the board, together with

  4  the Commissioner of Education, shall:

  5         (a)  Ensure accountability and responsiveness to

  6  Florida's citizens, including the establishment of a Citizen

  7  Information Center that utilizes quick response and

  8  customer-friendly methodologies.

  9         (b)  Establish and aggressively enforce efficient and

10  effective performance management objectives.

11         (c)  Maximize the effectiveness of local, state, and

12  federal education linkages and funds.

13         (d)  Recommend one budget or a coordinated budget based

14  on consistent policies for a seamless kindergarten through

15  graduate school education.

16         (e)  Adopt cohesive rules, within statutory authority,

17  for education systemwide issues and ensure that rules adopted

18  for the various education delivery systems are compatible.

19         (f)  Ensure articulation and coordination within and

20  across the entire education delivery system.

21         (g)  Provide ongoing public information regarding

22  performance results for the entire kindergarten through

23  graduate school education system and each of its components.

24         (4)  The board, with the Commissioner of Education,

25  shall be responsible for:

26         (a)  The work of with the Chancellor of Public Schools

27  K-12 Education to establish, and maintain optimal efficiency

28  of, a Division an Office of Public Schools, within the

29  guidelines of ss. 229.0061 and 229.0073, and to achieve the

30  mission and goals of s. 229.007 K-12 Education.

31

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  1         (b)  The work of with the Chancellor of Colleges and

  2  State Universities to establish, and maintain optimal

  3  efficiency of, a Division an Office of Colleges and State

  4  Universities, within the guidelines of ss. 229.0061 and

  5  229.0073, and to achieve the mission and goals of s. 229.007.

  6         (c)  The work of with the Chancellor of Community

  7  Colleges and Career Preparation to establish, and maintain

  8  optimal efficiency of, a Division an Office of Community

  9  Colleges and Career Preparation, within the guidelines of ss.

10  229.0061 and 229.0073, and to achieve the mission and goals of

11  s. 229.007.

12         (d)  The work of with the Executive Director of

13  Independent Nonpublic and Nontraditional Education to

14  establish, and maintain optimal efficiency of, a Division an

15  Office of Independent Nonpublic and Nontraditional Education

16  Services, within the guidelines of ss. 229.0061 and 229.0073,

17  and to achieve the mission and goals of s. 229.007.

18         Section 6.  Section 229.005, Florida Statutes, is

19  amended to read:

20         229.005  Florida education governance officers.--

21         (1)  COMMISSIONER OF EDUCATION.--The Commissioner of

22  Education shall work with the Florida Board of Education and

23  oversee the other education governance officers to focus be

24  appointed by the Board of Education from candidates of

25  national caliber and respected and proven organizational

26  leadership with established experience in administering

27  broad-based policy. The commissioner shall be a person who is

28  eminently capable of focusing the entire kindergarten through

29  graduate school education system on accomplishing to

30  accomplish the policies and guiding principles of s. 229.002

31  and achieving the mission and goals of s. 229.007. The

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  1  commissioner shall have the ability to successfully provide

  2  education policy and planning direction, program development,

  3  performance management, and funding allocation recommendations

  4  across the spectrum of kindergarten through graduate school

  5  education. The commissioner shall serve as secretary of the

  6  Florida Board of Education and as chief executive officer of

  7  the seamless K-20 education system., and the ability to

  8  achieve and safeguard the will of the people of Florida as

  9  expressed in s. 1, Art. IX of the Florida Constitution, that

10  "adequate provision shall be made by law for a uniform,

11  efficient, safe, secure, and high quality system of free

12  public schools that allows students to obtain a high quality

13  education and for the establishment, maintenance, and

14  operation of institutions of higher learning and other public

15  education programs that the needs of the people may require."

16         (2)  CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The

17  Chancellor of Public Schools K-12 Education shall be appointed

18  by the Commissioner of Education based on his or her ability

19  to work as a division vice president of the seamless K-20

20  education system with the Florida Board of Education and the

21  other education governance officers to comply with the

22  policies and guiding principles of s. 229.002, to achieve the

23  mission and goals of s. 229.007, to enhance the quality of

24  public K-12 education in Florida, and to maximize the equity

25  of public K-12 education in Florida by moving the focus to the

26  school site and the individual student., and to achieve and

27  safeguard the will of the people of Florida as expressed in s.

28  1, Art. IX of the Florida Constitution, that "adequate

29  provision shall be made by law for a uniform, efficient, safe,

30  secure, and high quality system of free public schools that

31  allows students to obtain a high quality education. . . ."

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  1         (3)  CHANCELLOR OF COLLEGES AND STATE

  2  UNIVERSITIES.--The Chancellor of Colleges and State

  3  Universities shall be appointed by the Commissioner of

  4  Education based on his or her ability to work as a division

  5  vice president of the seamless K-20 education system with the

  6  Florida Board of Education and the other education governance

  7  officers to comply with the policies and guiding principles of

  8  s. 229.002, to achieve the mission and goals of s. 229.007, to

  9  enhance the national reputation and quality of education and

10  educational research in Florida's colleges and state

11  universities, and to work directly with each of the college

12  and state university presidents and boards of trustees in

13  focusing on the education and educational research needs of

14  the individual college or university and its students.

15         (4)  CHANCELLOR OF COMMUNITY COLLEGES AND CAREER

16  PREPARATION.--The Chancellor of Community Colleges and Career

17  Preparation shall be appointed by the Commissioner of

18  Education based on his or her ability to work as a division

19  vice president of the seamless K-20 education system with the

20  Florida Board of Education and the other education governance

21  officers to comply with the policies and guiding principles of

22  s. 229.002, to achieve the mission and goals of s. 229.007, to

23  enhance the quality of education in Florida's community

24  colleges, and to work directly with each of the community

25  college presidents and boards of trustees in focusing on the

26  education needs of the communities and students they serve.

27         (5)  EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND

28  NONTRADITIONAL EDUCATION.--The Executive Director of

29  Independent Nonpublic and Nontraditional Education shall be

30  appointed by the Commissioner of Education based on his or her

31  ability to work as a division vice president of the seamless

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  1  K-20 education system with the Florida Board of Education and

  2  the other education governance officers to comply with the

  3  policies and guiding principles of s. 229.002, to achieve the

  4  mission and goals of s. 229.007, to enhance the quality and

  5  expand the offerings and innovations of independent nonpublic

  6  and nontraditional education in Florida, to establish

  7  partnerships with independent nonpublic education providers at

  8  all levels to achieve these goals, and to work directly with

  9  the Board of Trustees of the Florida Virtual On-Line High

10  School and with Florida's private school associations, home

11  education associations, independent nonpublic career education

12  institutions, and independent colleges and universities to

13  maximize educational choice and enhance the options,

14  educational alternatives, and student-focused delivery for

15  their students.

16         Section 7.  Subsections (1), (4), (5), (6), and (7) of

17  section 229.006, Florida Statutes, are amended to read:

18         229.006  Education Governance Reorganization Transition

19  Task Force.--

20         (1)  In order to accomplish a smooth transition on

21  January 7, 2003, from the elected State Board of Education to

22  the appointed Florida Board of Education, there shall be

23  established the Education Governance Reorganization Transition

24  Task Force. All members of the task force shall be appointed

25  as soon as feasible but not later than October 1, 2000. The

26  task force shall be comprised of:

27         (a)  Five members appointed by the Governor;

28         (b)  Three members appointed by the President of the

29  Senate; and

30         (c)  Three members appointed by the Speaker of the

31  House of Representatives.

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  1

  2  The transition task force shall be charged with the duty to

  3  identify issues, conduct research, develop the necessary

  4  procedural and substantive framework, and make recommendations

  5  to the Legislature for an orderly 3-year phase-in for a

  6  seamless education continuum and a single or coordinated

  7  kindergarten through graduate school budget in accordance with

  8  the policies and guiding principles of s. 229.002, so that the

  9  Florida Board of Education may immediately begin its work on

10  January 7, 2003, with maximum effectiveness.

11         (4)  Upon completion of its recommendations to the

12  Legislature by March 1, 2001, the transition task force shall

13  redirect its focus to provide guidance and monitoring of the

14  implementation process pursuant to s. 229.0072 as recommended

15  by the task force, and to regularly report to the Governor,

16  the Legislature, and the public on the progress of the

17  reorganization implementation process. If any implementation

18  activity is determined by a majority vote of the task force to

19  be inconsistent with the intent of this act, the chair of the

20  task force shall report such activity directly to the State

21  Board of Education. The reporting of such activity shall

22  automatically suspend any action relating to the disputed

23  activity. The State Board of Education shall act to resolve

24  the dispute. recommend to the Legislature:

25         (a)  How best to achieve education system integration

26  by:

27         1.  Combining appropriate education functions and

28  policies into or under the new Florida Board of Education.

29         2.  Devolving the education delivery services and

30  operational decisions to the appropriate location of delivery

31  to students, specifically the schools, community colleges,

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  1  colleges, universities, area technical centers, and other

  2  education institutions or places where the students receive

  3  their education.

  4         3.  Providing for a single or coordinated kindergarten

  5  through graduate school education budget.

  6         (b)  How best to achieve economies in education

  7  services, including recommendations concerning consolidation

  8  of information systems and integrated performance and

  9  financial accounting systems, while maximizing effectiveness

10  within existing resources and staff.

11         (c)1.  Which, if any, current education staff functions

12  and resources should be eliminated, transferred, or realigned

13  within the proposed new education organizational structure.

14         2.  A recommended salary structure for the Commissioner

15  of Education and for the chancellors.

16         (d)  Whether an Office of Policy Research should be

17  established to explore emerging issues, locate successful and

18  innovative educational programs, and make recommendations to

19  the Governor, the Florida Board of Education, and the

20  Legislature and, if so, its mission, staffing, and location.

21         (e)  The optimal mission of the Florida On-Line High

22  School and a methodology for the operation and funding of the

23  school to achieve that mission.

24         (f)  The optimal location and structure of the Florida

25  Partnership for School Readiness.

26         (5)  By March 1, 2002, the transition task force shall

27  recommend to the Legislature:

28         (a)  Standards, definitions, and guidelines for

29  universities, colleges, community colleges, schools, and other

30  education institutions to ensure the quality of education,

31

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  1  systemwide coordination, and efficient progress toward

  2  attainment of their appropriate missions.

  3         (b)  Rules and procedures as necessary to be followed

  4  by university boards of trustees, community college boards of

  5  trustees, and other boards of trustees, as determined

  6  appropriate, for recruitment and selection of presidents,

  7  procedures for annual evaluations of presidents, and

  8  procedures for interaction between presidents, the boards of

  9  trustees, and the new Florida Board of Education.

10         (c)  A systemwide strategic plan for postsecondary

11  institutions that considers the role, in their respective

12  communities, of each of the institutions.

13         (d)  Methodologies for degree program approval,

14  establishment of matriculation and tuition fees, and

15  coordination of colleges' and universities' budget requests.

16         (e)  Any additional statutory changes needed during the

17  2002 legislative session to complete the education governance

18  reorganization transition.

19         (6)  By March 1, 2003, the transition task force shall

20  recommend to the Legislature:

21         (a)  Statutory changes necessary to accomplish the

22  policies and guiding principles of s. 229.002, including, but

23  not limited to, statutory changes necessitated by the repeal

24  and review provisions of subsection 3(8) of this act.

25         (b)  Rulemaking authority for the new Florida Board of

26  Education and a plan and timetable for transition or

27  coordination of existing education sector agency rules and

28  rulemaking authority recommendations, if any, for education

29  agencies.

30         (c)  Waiver authority, if any, for the Commissioner of

31  Education or the Florida Board of Education.

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  1         (5)(7)  By March May 1, 2003, the transition task force

  2  shall have completed its duties and shall make its final

  3  report to the Governor, the Florida Board of Education, the

  4  Commissioner of Education, the President of the Senate, the

  5  Speaker of the House of Representatives, and the minority

  6  leaders of each chamber.  The final report shall include, but

  7  is not limited to:

  8         (a)  A summary of the work and recommendations of the

  9  task force and the status of full implementation of the K-20

10  education system.

11         (b)  The status of all pending and completed actions on

12  orders and rules, all enforcement matters, and all

13  delegations, interagency agreements, and contracts with

14  federal, state, regional, and local governments and private

15  entities.

16         (c)  Identification of any remaining or potential

17  duplication in the administration of state education laws and

18  rules, with specific recommendations to eliminate such

19  duplication and promote more efficient administration.

20         Section 8.  Section 229.0061, Florida Statutes, is

21  created to read:

22         229.0061  Florida's K-20 education system; guidelines

23  for implementation; guidelines for structure, functions, and

24  organization.--

25         (1) GUIDELINES FOR IMPLEMENTATION.--

26         (a)  Florida's seamless K-20 education system shall be

27  a decentralized system in which as many commissions, boards,

28  councils, and other excess layers of bureaucracy as possible

29  are eliminated.

30         (b)  Florida's K-20 education system shall rely on a

31  single entity, the Florida Board of Education, as its single

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  1  strategic voice. If the board desires assistance on matters of

  2  policy research or other issues, the board shall be authorized

  3  to appoint a committee or committees to assist it on any and

  4  all issues within the K-20 education system on an ad hoc

  5  basis.

  6         (c)  Members of the Florida Board of Education and the

  7  state university boards of trustees shall focus on high-level

  8  policy decisions.

  9         (d)  It is essential to the success of Florida's

10  seamless K-20 education system to have a fully operational

11  systemwide technology plan based on a common set of data

12  definitions.

13         (2)  GUIDELINES FOR STRUCTURE, FUNCTIONS, AND

14  ORGANIZATION.--

15         (a)  Roles of the Legislature, the Florida Board of

16  Education, the education governance officers, and the

17  institutional boards of trustees and school boards.--The

18  Legislature shall enact education laws and policies and shall

19  appropriate and allocate education resources. The Florida

20  Board of Education shall enforce all laws, rules, and

21  guidelines and shall timely provide direction, resources,

22  assistance, intervention when needed, and strong incentives

23  and disincentives to force accountability for results. In

24  terms of major areas of responsibility, the Legislature, the

25  Florida Board of Education, the education governance officers,

26  and the institutional boards of trustees and school boards

27  shall each perform essential constituent roles.

28         (b)  Florida Board of Education.--The Florida Board of

29  Education shall serve as the body corporate for Florida's

30  seamless K-20 education system; implement the systemwide

31  education vision; and, together with the commissioner,

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  1  chancellors, and executive director, oversee the success of

  2  that vision. The Florida Board of Education shall:

  3         1.  Enforce systemwide education policies and goals.

  4         2.  Recommend annually the systemwide education budget

  5  and authorize the allocation of resources in accordance with

  6  law and rule.

  7         3.  Adopt long-term and short-term education plans.

  8         4.  Enforce education accountability standards and

  9  measures of all components of the K-20 education system.

10         5.  Accurately and continuously assess data and monitor

11  and report performance.

12         6.  Provide high-quality assistance and intervention

13  when and where needed.

14         7.  Provide timely and accurate information on all

15  public and independent education services.

16         (c)  Commissioner of Education.--The Commissioner of

17  Education shall serve as secretary and executive director of

18  the Florida Board of Education and as chief executive officer

19  of Florida's seamless K-20 education system. The commissioner

20  shall propose action on all issues that come before the board

21  and be responsible for enforcing compliance with the mission

22  and goals of the seamless K-20 education system by all

23  education delivery sectors. The commissioner's office shall

24  operate all statewide functions necessary to support the

25  seamless K-20 education system, including the following areas:

26         1.  Legal.

27         2.  Communications, including a Citizen Information

28  Center that provides quick response and uses customer-friendly

29  methods.

30         3.  Strategic planning and budget development.

31         4.  General administration.

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  1         5.  Assessment and accountability.

  2         6.  Data management, education technology, and an

  3  education data warehouse.

  4         7.  Access and opportunity, including student financial

  5  assistance.

  6         8.  Policy research and development, except the

  7  Education K-20 Policy and Research Commission.

  8         9.  Florida Board of Education personnel.

  9         10.  Workforce and economic development.

10         11.  Educational facilities.

11         12.  Inspector General.

12         (d)  Chancellors and executive director.--The

13  chancellors of the public schools, community colleges, and

14  colleges and universities divisions and the Executive Director

15  of the Division of Independent Education shall serve the

16  Florida Board of Education and the Commissioner of Education

17  in the role of division vice presidents of the K-20 education

18  system and as governance officers and critical members of the

19  state-level education leadership team. They shall each be held

20  responsible for providing leadership, administering programs,

21  resolving disputes, providing technical assistance, and timely

22  recommending action plans to the commissioner for sanctions or

23  intervention when needed, as well as making recommendations to

24  the board and the commissioner for strategic planning and

25  budget development for their respective education delivery

26  sectors. They shall support the governing policies and

27  responsibilities of the board and the commissioner and bear

28  primary responsibility for the achievement of the mission and

29  goals of the K-20 education system by their education delivery

30  sectors, as applicable to their sectors. They shall reinforce

31  the policies and principles of the seamless K-20 education

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  1  system in every venue and at every opportunity, and work

  2  together to facilitate horizontal communications and

  3  interactions between the education delivery sectors.

  4  Specifically, as applicable, each education governance officer

  5  shall:

  6         1.  Serve as the head of the division.

  7         2.  Supervise all employees and work of the division.

  8         3.  Properly and timely inform education institutions

  9  and the public as to legislative action, including funding,

10  grant opportunities, and substantive policy changes affecting

11  the division.

12         4.  Direct the review of expenditures of public funds

13  in accordance with legislative intent.

14         5.  Evaluate the performance of each education

15  institution under the division and report performance results

16  to the public, the Legislature, the Commissioner of Education,

17  the Florida Board of Education, and the institution and its

18  governing board.

19         6.  Direct institutional governing boards to take

20  corrective action to improve unsatisfactory performance

21  pursuant to law and rules of the Florida Board of Education.

22         7.  Direct and oversee the development of the

23  division's accountability system and recommend changes to the

24  Commissioner of Education and the Florida Board of Education.

25         8.  Direct the division's activities in order to

26  coordinate with other divisions to provide a seamless

27  education system.

28         9.  Direct the provision of state services to

29  institutions under the division.

30         10.  Direct the development of the division's

31  legislative budget request and work cooperatively with the

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  1  commissioner and other governance officers to develop a

  2  unified budget request.

  3         11.  Serve as the primary point of contact and

  4  communication for the division.

  5         (e)  Institutional boards of trustees and school

  6  boards.--Each institutional board of trustees and school board

  7  shall:

  8         1.  Provide strategic planning and budget development

  9  for their institution or school district.

10         2.  Implement and maintain high-quality education

11  programs within law and rules of the Florida Board of

12  Education.

13         3.  Measure and enforce performance.

14         4.  Provide timely and accurate reporting of

15  information.

16         5.  Provide direct input on education issues to the

17  education governance officers.

18         6.  Have broad latitude within law and rules of the

19  Florida Board of Education in developing local policies and

20  local programs to meet the needs of their students, their

21  communities, and area employers.

22         7.  Hold presidents and appointed superintendents

23  responsible for institution and school performance.

24         8.  Be responsible for the fiscal accountability of

25  their institution or school district.

26         9.  Be responsible for compliance with all laws, rules

27  of the Florida Board of Education, and performance

28  accountability requirements.

29         (f)  Presidents and superintendents.--Each

30  institutional president and school district superintendent

31  shall:

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  1         1.  Be responsible for efficient and effective budget

  2  and program administration.

  3         2.  Provide strong leadership to accomplish their

  4  education missions and goals.

  5         3.  Closely monitor education performance.

  6         4.  Provide timely and accurate financial and

  7  performance data.

  8         5.  Link instructional staff evaluations to student

  9  performance.

10         (g)  Ad hoc advisory committees.--Advisory bodies shall

11  be appointed on an ad hoc basis by the Florida Board of

12  Education to serve the board, commissioner, and chancellors

13  when and as needed by studying and recommending action on

14  major issues that affect the direction and quality of

15  education, providing public forums for debate, and

16  safeguarding a coordinated systemwide approach to education

17  policy decisions.

18         Section 9.  Section 229.007, Florida Statutes, is

19  created to read:

20         229.007  Florida's K-20 education performance

21  accountability system; legislative intent; mission, goals, and

22  systemwide measures.--

23         (1)  LEGISLATIVE INTENT.--It is the intent of the

24  Legislature that:

25         (a)  The performance accountability system implemented

26  to assess the effectiveness of Florida's seamless K-20

27  education delivery system provide answers to the following

28  questions in relation to its mission and goals:

29         1.  What is the public getting in return for funds it

30  invests in education?

31

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  1         2.  How is Florida's K-20 education system performing

  2  in terms of educating its students?

  3         3.  How are the major delivery sectors performing to

  4  promote student achievement?

  5         4.  How are individual schools and postsecondary

  6  education institutions performing their responsibility to

  7  educate their students as measured by how students are

  8  performing and how much they are learning?

  9         (b)  The Florida Board of Education recommend to the

10  Legislature systemwide performance standards; the Legislature

11  establish systemwide performance measures and standards; and

12  the systemwide measures and standards provide Floridians with

13  information on what the public is getting in return for the

14  funds it invests in education and how well the K-20 system

15  educates its students.

16         (c)  The Florida Board of Education establish

17  performance measures and set performance standards for

18  individual components of the system, including individual

19  schools and postsecondary education institutions, which

20  measures and standards are based primarily on student

21  achievement.

22         (2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The

23  mission of Florida's K-20 education system, when it becomes

24  fully operational, shall be to increase the proficiency of all

25  students within one seamless, efficient system, by providing

26  them with the opportunity to expand their knowledge and skills

27  through learning opportunities and research valued by

28  students, parents, and communities, and to maintain an

29  accountability system that measures student progress toward

30  the following goals:

31

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  1         (a)  Highest student achievement, as measured by:

  2  student FCAT performance and annual learning gains; the number

  3  and percentage of schools that improve at least one school

  4  performance grade designation or maintain a school performance

  5  grade designation of "A" pursuant to s. 229.57; graduation or

  6  completion rates at all learning levels; and other measures

  7  identified in law or rule.

  8         (b)  Seamless articulation and maximum access, as

  9  measured by: the percentage of students who demonstrate

10  readiness for the educational level they are entering, from

11  kindergarten through postsecondary education and into the

12  workforce; the number and percentage of students needing

13  remediation; the percentage of Floridians who complete

14  associate, baccalaureate, professional, and postgraduate

15  degrees; the number and percentage of credits that articulate;

16  the extent to which each set of exit-point requirements

17  matches the next set of entrance-point requirements; and other

18  measures identified in law or rule.

19         (c)  Skilled workforce and economic development, as

20  measured by: the number and percentage of graduates employed

21  in their areas of preparation; the percentage of Floridians

22  with high school diplomas and postsecondary education

23  credentials; the percentage of business and community members

24  who find that Florida's graduates possess the skills they

25  need; and other measures identified in law or rule.

26         (d)  Quality efficient services, as measured by: cost

27  per completer or graduate; average cost per noncompleter at

28  each educational level; cost disparity across institutions

29  offering the same degrees; the percentage of education

30  customers at each educational level who are satisfied with the

31

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  1  education provided; and other measures identified in law or

  2  rule.

  3         Section 10.  Section 229.0072, Florida Statutes, is

  4  created to read:

  5         229.0072  Reorganization implementation process.--In

  6  order to best achieve the legislative purpose of the Florida

  7  Education Governance Reorganization Implementation Act:

  8         (1)  The Governor shall appoint the members of the

  9  boards of trustees of the state universities in accordance

10  with s. 229.008.

11         (2)  Effective July 1, 2001, the Governor shall appoint

12  a seven-member Florida Board of Education. The Florida Board

13  of Education shall be housed within, and operate under the

14  direction of, the State Board of Education.

15         (3)  The Florida Board of Education shall establish a

16  detailed procedure for the implementation of a systemwide K-20

17  technology plan which includes a month-by-month timeline with

18  monthly progress reports to the board.

19         (4)  Subject to review and approval of the State Board

20  of Education, the Florida Board of Education shall:

21         (a)  Adopt rules pursuant to ss. 120.536(1) and 120.54

22  to implement provisions of law conferring duties upon it. The

23  rules shall be submitted to the State Board of Education. If

24  any rule is not disapproved by the State Board of Education

25  within 45 days after its receipt, the rule shall be filed

26  immediately with the Department of State.

27         (b)  Prepare and submit a unified K-20 education budget

28  to the Governor and Legislature.

29         (c)  Establish a work plan and timeline for the orderly

30  implementation of the transition, including a fully detailed

31

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  1  plan and timeline for the devolution of duties, as

  2  appropriate, to the university boards of trustees.

  3         (d)  Establish accountability standards for existing

  4  legislative performance goals, standards, and measures, and

  5  order the development of mechanisms to implement new

  6  legislative goals, standards, and measures.

  7         (e)  Supervise the coordination of institutions and

  8  delivery sectors.

  9         (f)  Establish policies for university and community

10  college boards of trustees to follow in selecting presidents.

11         (g)  Approve plans and reports, and take other

12  necessary actions pertaining to the supervision of education.

13         (h)  Effectuate the timely implementation of the

14  seamless K-20 education system.

15         (i)  Establish advisory boards to provide the support

16  needed to address issues such as public education facilities

17  planning; student issues; instructional issues; distance

18  learning and technology; academic quality, freedom, and

19  responsibility; and research.

20         (j)  Develop and review recommendations on issues of

21  statewide importance, such as technology systems and

22  facilities.

23         (k)  Adopt criteria and implementation plans for future

24  growth issues, such as new colleges and universities and

25  campus mergers; and provide for cooperative agreements between

26  and within public and private education sectors.

27         (l)  Advise the State Board of Education regarding the

28  issuance of bonds.

29         (m)  Appoint advisory bodies, as necessary, on an ad

30  hoc basis.

31

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  1         (n)  Develop and recommend to the Education Governance

  2  Reorganization Transition Task Force, the Governor, the

  3  Commissioner of Education, and the Legislature, no later than

  4  January 1, 2002, for adoption during 2002, a clear, concise

  5  new School Code, comprised of the revision of chapters

  6  228-246, to accomplish the implementation, administration, and

  7  operation of Florida's seamless K-20 education system in

  8  accordance with the guidelines included in s. 229.0061.

  9         (5)  Effective July 1, 2001, the Commissioner of

10  Education shall:

11         (a)  Work with the Florida Board of Education to

12  achieve full implementation of the seamless K-20 education

13  system.

14         (b)  Commence reorganization of the Department of

15  Education as a state agency of the Governor in accordance with

16  legislative guidelines pursuant to s. 229.0073, the

17  requirements of s. 229.003(5), and requests of the Florida

18  Board of Education as approved by the State Board of

19  Education.

20         (c)  As a member of the State Board of Education,

21  determine the agenda for the Florida Board of Education and

22  provide the Florida Board of Education and the State Board of

23  Education the full support of the reorganized Department of

24  Education.

25         Section 11.  Section 229.0073, Florida Statutes, is

26  created to read:

27         229.0073  Reorganization of the Department of

28  Education.--Effective July 1, 2001, notwithstanding the

29  provisions of s. 20.15, the Commissioner of Education shall

30  work with the Florida Board of Education, subject to the

31  approval of the State Board of Education and the oversight of

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  1  the Legislature and the Education Governance Reorganization

  2  Transition Task Force, to reorganize the Department of

  3  Education in accordance with this part. The reorganization

  4  shall:

  5         (1)  Eliminate duplication across divisions; achieve

  6  greater efficiencies in financial and human resources and

  7  education services; and identify functions, resources, and

  8  services that should be eliminated, transferred, or realigned.

  9         (2)  Include a review and assessment of all bureaus,

10  offices, divisions, and functions of the department

11  reorganized pursuant to this section.

12         (3)  Establish an Office of the Commissioner of

13  Education that includes the general areas of operation that

14  are common to all delivery sectors, such as administration,

15  communication, legal services, financial aid, and government

16  and public relations, in order to increase efficiency, improve

17  service delivery to students, and fully support the

18  operational needs of the Florida Board of Education.

19         (4)  Establish the following divisions within the

20  department:

21         (a)  Division of Public Schools (K-12).--The state's

22  public elementary, middle, junior high, and high schools, as

23  well as combination schools, charter schools, district magnet

24  programs, and area technical centers.

25         (b)  Division of Community Colleges.--The state's 28

26  public community colleges.

27         (c)  Division of Colleges and Universities.--The

28  state's public universities and colleges and the 4-year

29  independent colleges and universities which are located in and

30  chartered by the state, are accredited by the Commission on

31  Colleges of the Southern Association of Colleges and Schools,

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  1  and grant baccalaureate degrees, to enable more effective

  2  articulation between these public and private institutions.

  3  The division chancellor shall administer those provisions of

  4  chapter 246 that apply to the independent colleges and

  5  universities within the division and shall establish a liaison

  6  responsible for partnerships that enhance articulation between

  7  and communication with Florida's 4-year independent colleges

  8  and universities.

  9         (d)  Division of Independent Education.--The

10  independent education providers within the state, including

11  home education programs, private K-12 institutions,

12  independent colleges and universities, except those identified

13  under paragraph (c), and private postsecondary career

14  preparation and vocational training institutions.

15         1.  The division shall be under an executive director

16  and shall house a new commission, appointed by the Governor,

17  to oversee licensing of independent postsecondary

18  institutions, consumer protection, and program improvement.

19  The commission shall have the powers and duties of the State

20  Board of Independent Colleges and Universities specified in

21  chapter 246, except the powers and duties relating to those

22  institutions identified under paragraph (c), and of the State

23  Board of Nonpublic Career Education.

24         2.  The division shall serve as the advocate for and

25  liaison to the independent education providers identified in

26  this paragraph.

27         3.  The executive director of the division shall

28  establish a mechanism for regular interaction and input from

29  independent education providers in the development of policies

30  that provide seamless articulation for all students.

31

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  1         4.  The division shall afford students and parents

  2  educational options apart from the public K-20 system.

  3         (5)  Establish the following offices within the Office

  4  of the Commissioner of Education which shall coordinate their

  5  activities with all other divisions and offices:

  6         (a)  Office of Technology and Information

  7  Services.--The office shall be responsible for developing a

  8  systemwide technology plan, making budget recommendations to

  9  the commissioner, providing data collection and management for

10  the system, and coordinating services with other state, local,

11  and private agencies. The office shall develop a method to

12  address the need for a statewide approach to planning and

13  operations of library and information services to achieve a

14  single K-20 education system library information portal and a

15  unified higher education library management system. The

16  Florida Virtual High School shall be administratively housed

17  within the office.

18         (b)  Office of Workforce and Economic Development.--The

19  office shall evaluate the role of each sector of education in

20  Florida's workforce and economic development, assess the

21  specific work skills and variety of careers provided, and

22  report to the Florida Board of Education the effectiveness of

23  each sector.

24         (c)  Office of Educational Facilities.--The office

25  shall validate all educational plant surveys, approve school

26  sites in accordance with rule of the Florida Board of

27  Education, and verify Florida Inventory of School Houses data.

28  The office shall work cooperatively with the SMART Schools

29  Clearinghouse to coordinate efforts to accomplish school

30  district educational facilities plans.

31

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  1         (6)  Establish a K-20 education leadership team,

  2  including, but not limited to, the education governance

  3  officers. The leadership team shall be responsible for

  4  systemwide horizontal and vertical communication, and

  5  assisting the achievement of the seamless K-20 education

  6  system.

  7         Section 12.  Section 229.0074, Florida Statutes, is

  8  created to read:

  9         229.0074  Division of Independent Education.--

10         (1)  The mission of the Division of Independent

11  Education is to enhance the opportunity to raise the

12  educational attainment levels of students pursuing their

13  education in nongovernment settings by representing their

14  interests, and those of the institutions that serve them, in

15  the Department of Education. The Division of Independent

16  Education has no authority over the institutions or students

17  in Florida's independent education sector, other than those

18  specified in chapter 246 relating to independent postsecondary

19  education. The division shall serve as the advocate for, and

20  liaison to, independent education providers and institutions,

21  including home education programs, private K-12 institutions,

22  independent colleges and universities except as otherwise

23  provided in s. 229.0073(4)(c), and private postsecondary

24  career preparation/vocational training institutions.

25         (2)  The executive director of the division shall

26  establish a mechanism for regular interaction and input from

27  independent education providers in the development of policies

28  that provide seamless articulation for all students. The

29  executive director shall:

30

31

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  1         (a)  Learn the interests and concerns of the students

  2  and providers of independent education at all levels in order

  3  to strongly represent them in the Department of Education.

  4         (b)  Articulate the interests and concerns of the

  5  students and providers of independent education at all levels

  6  in all relevant government settings, accurately reflecting the

  7  consensus or differences in opinion among those represented.

  8         (c)  Participate with the other division heads in key

  9  education decisionmaking processes.

10         (d)  Monitor and participate in rulemaking and other

11  activities relevant to the interests of the independent

12  education sector.

13         (e)  Serve as a key spokesperson for the independent

14  education sector.

15         (f)  Advocate for any necessary educational services

16  and funds for independent education sector families and

17  schools.

18         (g)  Establish a clearinghouse of information.

19         (h)  Foster a collaborative spirit and working

20  relationship among the institutions of the private and public

21  sectors.

22         (i)  Identify and convey the best practices of the

23  independent education sector for the benefit of the other

24  education delivery sectors, and vice versa.

25         (j)  Augment, where appropriate, the efforts of groups

26  representing the students and providers of independent

27  education to communicate their concerns to government.

28         (k)  Facilitate the administration of education

29  services provided by the Department of Education to the

30  independent education sector, such as those relating to

31  teacher certification and background checks.

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  1         (l)  Encourage student-centered funding and the

  2  expansion of family choice in education.

  3         (m)  Develop and propose courses of action to the

  4  representatives of the independent education sector.

  5         (n)  Communicate relevant decisions to the independent

  6  education sector.

  7         (o)  Establish and oversee the division staff necessary

  8  to carry out the division's functions in the most economical

  9  and effective manner.

10         (p)  Evaluate pending policies to ensure they do not

11  place additional regulation or mandates on the independent

12  education community.

13         (3)  The powers and duties of the State Board of

14  Independent Colleges and Universities and the State Board of

15  Nonpublic Career Education, except as relating to any

16  independent nonprofit college or university which is located

17  in and chartered by the state, is accredited by the Commission

18  on Colleges of the Southern Association of Colleges and

19  Schools, and grants baccalaureate degrees, shall be combined

20  and transferred to a single board named the Commission for

21  Independent Education, which shall be administratively housed

22  within the division. This single board shall authorize

23  granting of certificates, diplomas, and degrees for

24  independent postsecondary education institutions through

25  exemption, registration authorization, and licensing.

26         (4)  The establishment of the Division of Independent

27  Education shall not be construed to advance the extension or

28  expansion of government regulation on independent or home

29  education programs.

30         Section 13.  Section 229.008, Florida Statutes, is

31  created to read:

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  1         229.008  Boards of trustees of the state

  2  universities.--

  3         (1)(a)  Effective July 1, 2001, and no later than

  4  November 1, 2001, the Governor shall appoint an 11-member

  5  board of trustees for each university in the State University

  6  System. In addition, each student body president shall serve

  7  as an ex officio nonvoting member of his or her university

  8  board of trustees. There shall be no state residency

  9  requirement for university board members, but the Governor

10  shall consider regional representatives, as appropriate.

11  Members of the boards of trustees shall receive no

12  compensation but may be reimbursed for travel and per diem

13  expenses as provided in s. 112.061.

14         (b)  The Governor may remove a trustee upon the

15  recommendation of the Florida Board of Education, or for

16  cause.

17         (2)  Each board of trustees shall be a public body

18  corporate by the name of "The (name of university) Board of

19  Trustees," with all the powers of a body corporate, including

20  a corporate seal, the power to contract and be contracted

21  with, to sue and be sued, to plead and be impleaded in all

22  courts of law or equity, and to give and receive donations. In

23  all suits against a board of trustees, service of process

24  shall be made on the chair of the board or, in the absence of

25  the chair, on the corporate secretary or designee.

26         (3)  Boards of trustees' members shall be appointed for

27  staggered 4-year terms, and may be reappointed for additional

28  terms not to exceed 8 years of service.

29         (4)  Each board of trustees shall select its chair and

30  vice chair from the appointed members at its first regular

31  meeting after July 1. The chair shall serve for 4 years and

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  1  may be asked to serve a second 4-year term. The duties of the

  2  chair shall include presiding at all meetings of the board,

  3  calling special meetings of the board, attesting to actions of

  4  the board, and notifying the Governor in writing whenever a

  5  board member fails to attend three consecutive regular board

  6  meetings in any fiscal year, which failure may be grounds for

  7  removal. The duty of the vice chair is to act as chair during

  8  the absence or disability of the chair.

  9         (5)  The university president shall serve as executive

10  officer and corporate secretary of the board of trustees and

11  shall be responsible to the board for all operations of the

12  university and for setting the agenda for meetings of the

13  board in consultation with the chair.

14         (6)  Upon appointment, each board of trustees shall

15  commence professional orientation, training, and board

16  development activities, and shall begin setting direction for

17  its university in keeping with accountability and performance

18  expectations of the seamless K-20 education system. Each board

19  of trustees shall submit to the Florida Board of Education

20  action plans and timelines for devolution of duties and

21  responsibilities to the board of trustees.

22         (7)  The boards of trustees shall be responsible for

23  cost-effective policy decisions appropriate to the

24  university's mission, the implementation and maintenance of

25  high-quality education programs within law and rules of the

26  Florida Board of Education, the measurement of performance,

27  the reporting of information, and the provision of input

28  regarding state policy, budgeting, and education standards.

29         Section 14.  Section 229.0081, Florida Statutes, is

30  created to read:

31

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  1         229.0081  Powers and duties of university boards of

  2  trustees.--

  3         (1)  Notwithstanding the provisions of chapter 240,

  4  each university board of trustees is vested with the authority

  5  to govern and set policy for its university, as necessary to

  6  provide proper governance and improvement of the university in

  7  accordance with law and with rules of the Florida Board of

  8  Education. Each board of trustees shall perform all duties

  9  assigned by law or by rule of the Florida Board of Education

10  or the Commissioner of Education.

11         (2)  Notwithstanding the provisions of chapter 240,

12  each university board of trustees may adopt rules and policies

13  consistent with the university mission, with law, and with

14  rule of the Florida Board of Education, including rules and

15  policies for the following:

16         (a)  Selecting the president to serve at the pleasure

17  of the board and perform such duties as are assigned by the

18  board or otherwise provided by law or by rule.

19         (b)  Fixing the compensation and other conditions of

20  employment of the president.

21         (c)  Conducting periodic evaluations of the president,

22  submitting such evaluations to the Chancellor for review, and

23  suspending or removing the president in accordance with

24  guidelines established by the Chancellor.

25         (d)  Appointing a presidential search committee to make

26  recommendations to the full board of trustees, from which the

27  board shall select a candidate for reference to the Chancellor

28  and ratification by the Florida Board of Education.

29         (e)  In consultation with the university president,

30  defining and developing a strategic plan for the university

31  for recommendation to the Chancellor, the Commissioner of

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  1  Education, and the Florida Board of Education, as provided by

  2  law, specifying institutional goals and objectives.

  3         (f)  In consultation with the university president,

  4  providing for academic freedom and academic responsibility at

  5  the university.

  6         (g)  In consultation with the university president,

  7  submitting an institutional budget request, including a

  8  request for fixed capital outlay, to the Chancellor in

  9  accordance with guidelines established by the Florida Board of

10  Education.

11         (h)  Approving new, and terminating existing,

12  undergraduate and graduate degree programs up to and including

13  the master's degree level, based on criteria established by

14  the Florida Board of Education.

15         (i)  Purchasing, acquiring, receiving, holding, owning,

16  managing, leasing, selling, disposing of, and conveying title

17  to real property, in accordance with rules and guidelines of

18  the Florida Board of Education.

19         (j)  Entering into agreements for and accepting credit

20  card, charge card, and debit card payments as compensation for

21  goods, services, tuition, and fees.

22         (k)  Establishing codes of conduct and appropriate

23  penalties for violations of university rules by students and

24  student organizations, including rules governing student

25  academic honesty.

26         (l)  Establishing a committee, at least one-half of the

27  members of which shall be students appointed by the student

28  body president, to periodically review and evaluate the

29  student judicial system.

30         (m)  Administering the personnel program for all

31  employees of the university in accordance with law and with

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  1  rules and guidelines of the Florida Board of Education,

  2  including: compensation and other conditions of employment,

  3  recruitment and selection, nonreappointment, standards for

  4  performance and conduct, evaluation, benefits and hours of

  5  work, recognition, inventions and works, travel, learning

  6  opportunities, academic freedom and responsibility, promotion,

  7  assignment, demotion, transfer, tenure and permanent status,

  8  ethical obligations and conflicts of interest, restrictive

  9  covenants, disciplinary actions, complaints, appeals and

10  grievance procedures, and separation and termination from

11  employment.

12         (n)  Establishing and maintaining a personnel exchange

13  program.

14         (o)  Governing admission of students subject to the

15  rules of the Florida Board of Education.

16         (p)  Considering the past actions of any person

17  applying for admission, enrollment, or employment, and

18  establishing policies to deny admission, enrollment, or

19  employment to an applicant because of misconduct if determined

20  to be in the best interest of the university.

21         (q)  Ensuring compliance with federal laws,

22  regulations, and requirements.

23         (r)  Using, maintaining, protecting, and controlling

24  university-owned or university-controlled buildings and

25  grounds, property and equipment, name, trademarks and other

26  proprietary marks, and the financial and other resources of

27  the university. Such authority may include placing

28  restrictions on activities and on access to facilities,

29  firearms, food, tobacco, alcoholic beverages, distribution of

30  printed materials, human subjects, animals, and sound.

31

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  1         (3)  Each board of trustees shall actively implement a

  2  plan, in accordance with guidelines of the Florida Board of

  3  Education, for working on a regular basis with the other

  4  university boards of trustees, representatives of the

  5  community college boards of trustees, and representatives of

  6  the district school boards, to achieve the goals of the

  7  seamless education system.

  8         (4)  Notwithstanding the provisions of s. 216.262(1), a

  9  state university board of trustees may authorize the rent or

10  lease of parking facilities, provided that such facilities are

11  funded through parking fees or parking fines imposed by a

12  university. A board of trustees may authorize a university to

13  charge fees for parking at such rented or leased parking

14  facilities.

15         (5)  Effective July 1, 2002, within proviso in the

16  General Appropriations Act and law, each board of trustees

17  shall set university tuition and fees.

18         (6)  Effective July 1, 2002, each board of trustees

19  shall implement the university facilities plan in accordance

20  with law and guidelines of the Commissioner of Education's

21  Office of Educational Facilities.

22         (7)  A board of trustees shall perform such other

23  duties as are provided by law or rule of the Florida Board of

24  Education.

25         Section 15.  Section 229.0082, Florida Statutes, is

26  created to read:

27         229.0082  University presidents; powers and

28  duties.--The president is the chief executive officer of the

29  university, shall be corporate secretary of the state

30  university board of trustees, and is responsible for the

31

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  1  operation and administration of the university. Each

  2  university president shall:

  3         (1)  Recommend the adoption of rules, as appropriate,

  4  to the state university board of trustees to implement

  5  provisions of law governing the operation and administration

  6  of the university, which shall include the specific powers and

  7  duties enumerated in this section. Such rules shall be

  8  consistent with the mission of the university and the rules

  9  and policies of the Florida Board of Education.

10         (2)  Prepare a budget request and an operating budget

11  for approval by the university board of trustees.

12         (3)  Establish and implement policies and procedures to

13  recruit, appoint, transfer, promote, compensate, evaluate,

14  reward, demote, discipline, and remove personnel, within law

15  and rules of the Florida Board of Education and in accordance

16  with rules or policies approved by the university board of

17  trustees.

18         (4)  Govern admissions, subject to law and rules or

19  policies of the university board of trustees and the Florida

20  Board of Education.

21         (5)  Approve, execute, and administer contracts for and

22  on behalf of the university board of trustees for the

23  acquisition of commodities, goods, equipment, services, leases

24  of real and personal property, and planning and construction

25  to be rendered to or by the university, provided such

26  contracts are within law and guidelines of the Florida Board

27  of Education and in conformance with policies of the

28  university board of trustees, and are for the implementation

29  of approved programs of the university.

30         (6)  Act for the university board of trustees as

31  custodian of all university property. The authority vested in

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  1  the university president under this subsection includes the

  2  authority to prioritize the use of university space, property,

  3  equipment, and resources and the authority to impose charges

  4  for the use of those items.

  5         (7)  Establish the internal academic calendar of the

  6  university within general guidelines of the Florida Board of

  7  Education.

  8         (8)  Administer the university's program of

  9  intercollegiate athletics.

10         (9)  Recommend to the board of trustees the

11  establishment and termination of degree programs within the

12  approved role and scope of the university.

13         (10)  Award degrees.

14         (11)  Recommend to the board of trustees a schedule of

15  tuition and fees to be charged by the university, within law

16  and rules of the Florida Board of Education.

17         (12)  Organize the university to efficiently and

18  effectively achieve the goals of the university.

19         (13)  Review periodically the operations of the

20  university in order to determine how effectively and

21  efficiently the university is being administered and whether

22  it is meeting the goals of its strategic plan adopted by the

23  Florida Board of Education.

24         (14)  Enter into agreements for student exchange

25  programs which involve students at the university and students

26  in other institutions of higher learning.

27         (15)  Approve the internal procedures of student

28  government organizations and provide purchasing, contracting,

29  and budgetary review processes for these organizations.

30

31

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  1         (16)  Ensure compliance with federal and state laws,

  2  regulations, and other requirements that are applicable to the

  3  university.

  4         (17)  Maintain all data and information pertaining to

  5  the operation of the university, and report on the attainment

  6  by the university of institutional and statewide performance

  7  accountability goals.

  8         Section 16.  Section 229.0083, Florida Statutes, is

  9  created to read:

10         229.0083  School Readiness Act; legislative intent;

11  division of responsibilities.--

12         (1)  The School Readiness Act, chapter 99-357, Laws of

13  Florida, created the Florida Partnership for School Readiness

14  to fulfill three major purposes: to administer school

15  readiness program services that help parents prepare at-risk

16  children for school; to coordinate the provision of school

17  readiness services on a full-day, full-year basis to the

18  extent possible in order to enable parents to work and be

19  financially self-sufficient; and to establish a uniform

20  screening instrument to be implemented by the Department of

21  Education and administered by the school districts upon entry

22  into kindergarten to assess the readiness for school of all

23  children. Readiness for kindergarten is the outcome measure of

24  the success of the school readiness program.

25         (2)  It is the intent of the Legislature that school

26  readiness services shall be an integrated and seamless system

27  of services with a developmentally appropriate education

28  component for the state's at-risk birth-to-kindergarten

29  population and shall not be construed as part of the seamless

30  K-20 education system until the administration of the uniform

31  screening system upon entry into kindergarten.

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  1         (3)  The Legislature finds that, because of a variety

  2  of factors, not all children come to school equally ready to

  3  learn, and that in order to more effectively assess and

  4  monitor programs designed to help prepare Florida's children

  5  to attend school, educators and policymakers need more

  6  objective information regarding the school readiness of

  7  Florida's children. However, nothing contained in the School

  8  Readiness Act, chapter 99-357, Laws of Florida, is intended

  9  to:

10         (a)  Relieve parents and guardians of their own

11  obligations to ready their children for school; or

12         (b)  Create any obligation to provide publicly funded

13  pre-school programs or services beyond those authorized by the

14  Legislature.

15         (4)  Notwithstanding any provision of law to the

16  contrary, the Florida Partnership for School Readiness shall

17  be assigned to the Agency for Workforce Innovation for

18  administrative purposes. The Agency for Workforce Innovation

19  shall prepare a plan that provides for the distribution and

20  expenditure of all school readiness funds based upon a

21  performance funding formula. The plan shall be submitted to

22  the Governor and the Legislative Budget Commission. Upon

23  approval, the Legislative Budget Commission shall authorize

24  the transfer of funds to the Agency for Workforce Innovation

25  for distribution in accordance with the provisions of the

26  formula. The partnership shall:

27         (a)  Coordinate the many services that at-risk children

28  from birth to age 5 are eligible to receive, and the

29  programmatic, administrative, and fiscal standards for all

30  school readiness programs.

31

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  1         (b)  Continue to provide the unified leadership for

  2  school readiness through the local school readiness

  3  coalitions.

  4         (c)  Focus on improving the educational quality of all

  5  publicly funded school readiness programs.

  6         (5)  The Department of Education shall implement the

  7  uniform school readiness screening instrument recommended by

  8  the partnership and incorporate school readiness data into the

  9  K-20 data warehouse for longitudinal tracking.  The department

10  shall provide the partnership with complete and full access to

11  kindergarten uniform screening data at the student, school,

12  district, and state levels in a format that will enable the

13  partnership to prepare reports needed by state policymakers

14  and local school readiness coalitions to assess progress

15  toward school readiness goals and provide input for continuous

16  improvement of local school readiness services and programs.

17         Section 17.  Section 229.0084, Florida Statutes, is

18  created to read:

19         229.0084  Legislative findings and intent.--It is the

20  finding of the Legislature that student achievement, from

21  kindergarten through graduate school, is dependent upon a

22  number of factors, including the quality of schools, the

23  quality of instruction, and the personal efforts and

24  responsibilities of the students and their parents. Nothing

25  contained in Florida law shall make the state or local school

26  districts the guarantors that students will fully avail

27  themselves of the opportunities provided them to attain high

28  academic achievement.

29         Section 18.  Section 228.082, Florida Statutes, is

30  amended to read:

31         228.082  The Florida Virtual On-Line High School.--

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  1         (1)(a)  The Florida Virtual On-Line High School is

  2  established for the development and delivery of on-line and

  3  distance learning education and shall be administratively

  4  housed within the Commissioner of Education's Office of

  5  Technology and Information Services. The Commissioner of

  6  Education shall monitor the school's performance and report

  7  its performance to the Florida Board of Education and the

  8  Legislature.

  9         (b)  The mission of the Florida Virtual High School is

10  to provide students with high-quality technology-based

11  educational opportunities to gain the knowledge and skills

12  necessary to succeed in the 21st century. The school shall

13  serve primarily as an option for:

14         1.  Students who need expanded access to courses in

15  order to meet their educational goals, such as home education

16  students and students in inner-city and rural high schools who

17  do not have access to higher-level courses.

18         2.  Students seeking accelerated access in order to

19  obtain a high school diploma at least one semester early.

20

21  The board of trustees of the Florida Virtual High School shall

22  identify appropriate performance measures and standards based

23  on student achievement that reflect the school's statutory

24  mission and priorities, and shall implement an accountability

25  system for the school that includes assessment of its

26  effectiveness and efficiency in providing quality services

27  that encourage high student achievement, seamless

28  articulation, and maximum access.

29         (2)  The Florida Virtual On-Line High School shall be

30  governed by a board of trustees comprised of seven members

31  appointed by the Governor to 4-year staggered terms, one of

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  1  whom shall be the current chair of the Florida High School

  2  Advisory Board and one of whom shall be a representative of

  3  the fiscal agent, and one of whom shall be the Chief

  4  Information Officer or his designee from the State Technology

  5  Office pursuant to ch. 2000-164, Laws of Florida. The board

  6  shall be a public agency entitled to sovereign immunity

  7  pursuant to s. 768.28, and board members shall be public

  8  officers who shall bear fiduciary responsibility for the

  9  Florida Virtual On-Line High School. The board of trustees

10  shall have the following powers and duties:

11         (a)1.  The board of trustees shall meet within 30 days

12  of July 1, 2000, and shall continue to meet at least 4 times

13  each year, upon the call of the chair, or at the request of a

14  majority of the membership.

15         (b)  Until not more than 60 days after the initial

16  meeting of the board, the current governance structure of the

17  Florida On-Line High School shall be maintained.

18         2.(c)  The fiscal year for the Florida Virtual On-Line

19  High School shall be the state fiscal year as provided in s.

20  216.011(1)(n).

21         (b)  The board of trustees shall be responsible for the

22  Florida Virtual High School's development of a

23  state-of-the-art technology-based education delivery system

24  that is cost-effective, educationally sound, marketable, and

25  capable of sustaining a self-sufficient delivery system

26  through the Florida Education Finance Program, by fiscal year

27  2003-2004. Beginning in fiscal year 2002-2003, the school

28  shall collect FTE for home-schooled students.

29         (c)(d)  The board of trustees shall aggressively seek

30  avenues to generate revenue to support its future endeavors,

31  and shall enter into agreements with distance learning

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  1  providers. The board of trustees and may acquire, enjoy, use,

  2  and dispose of patents, copyrights, and trademarks and any

  3  licenses and other rights or interests thereunder or therein.

  4  Ownership of all such patents, copyrights, trademarks,

  5  licenses, and rights or interests thereunder or therein shall

  6  vest in the state, with the board having full right of use and

  7  full right to retain the revenues derived therefrom. Any funds

  8  realized from patents, copyrights, trademarks, or licenses

  9  shall be used to support the school's research and development

10  activities in order to improve courseware and services to its

11  students.

12         (d)(e)  The board of trustees shall annually prepare

13  and submit to the Florida Board of Education a legislative

14  budget request, including funding requests for computers for

15  public school students who do not have access to public school

16  computers, in accordance with chapter 216 and s. 235.41. The

17  legislative budget request of the Florida Virtual On-Line High

18  School shall be prepared using the same format, procedures,

19  and timelines required for the submission of the legislative

20  budget of the Department of Education.

21         (e)(f)  In accordance with law and rules of the Florida

22  Board of Education, the board of trustees shall administer and

23  maintain personnel programs for all employees of the board of

24  trustees and the Florida Virtual On-Line High School. The

25  board of trustees may adopt rules, policies, and procedures

26  related to the appointment, employment, and removal of

27  personnel.

28         1.  The board of trustees shall determine the

29  compensation, including salaries and fringe benefits, and

30  other conditions of employment for such personnel.

31

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  1         2.  The board of trustees may establish and maintain a

  2  personnel loan or exchange program by which persons employed

  3  by the board for the Florida Virtual On-Line High School as

  4  academic administrative and instructional staff may be loaned

  5  to, or exchanged with persons employed in like capacities by,

  6  public agencies either within or without this state, or by

  7  private industry. With respect to public agency employees, the

  8  program authorized by this subparagraph shall be consistent

  9  with the requirements of part II of chapter 112. The salary

10  and benefits of board personnel participating in the loan or

11  exchange program shall be continued during the period of time

12  they participate in a loan or exchange program, and such

13  personnel shall be deemed to have no break in creditable or

14  continuous service or employment during such time. The salary

15  and benefits of persons participating in the personnel loan or

16  exchange program who are employed by public agencies or

17  private industry shall be paid by the originating employers of

18  those participants, and such personnel shall be deemed to have

19  no break in creditable or continuous service or employment

20  during such time.

21         3.  The employment of all Florida Virtual On-Line High

22  School academic administrative and instructional personnel

23  shall be subject to rejection for cause by the board of

24  trustees, and shall be subject to policies of the board of

25  trustees relative to certification, tenure, leaves of absence,

26  sabbaticals, remuneration, and such other conditions of

27  employment as the board deems necessary and proper, not

28  inconsistent with law.

29         4.  Each person employed by the board of trustees in an

30  academic administrative or instructional capacity with the

31

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  1  Florida Virtual On-Line High School shall be entitled to a

  2  contract as provided by rules of the board.

  3         5.  All employees except temporary, seasonal, and

  4  student employees may be state employees for the purpose of

  5  being eligible to participate in the Florida Retirement System

  6  and receive benefits. The classification and pay plan,

  7  including terminal leave and other benefits, and any

  8  amendments thereto, shall be subject to review and approval by

  9  the Department of Management Services and the Executive Office

10  of the Governor prior to adoption. In the event that the board

11  of trustees assumes responsibility for governance pursuant to

12  this section before approval is obtained, employees shall be

13  compensated pursuant to the system in effect for the employees

14  of the fiscal agent.

15         (f)(g)  The board of trustees shall establish

16  priorities for admission of students in accordance with

17  paragraph (1)(b).

18         (g)(h)  The board of trustees shall establish and

19  distribute to all school districts and high schools in the

20  state procedures for enrollment of students into courses

21  offered by the Florida Virtual On-Line High School. Such

22  procedures shall be designed to minimize paperwork and fairly

23  resolve the issue of double funding students taking courses

24  online maximize participation by students.

25         (h)(i)  The board of trustees shall annually submit to

26  the Florida Board Department of Education both forecasted and

27  actual enrollments for the Florida Virtual On-Line High

28  School, according to procedures established by the Florida

29  Board Department of Education. At a minimum, such procedures

30  must include the number of public, private, and home school

31  students served by district.

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  1         (i)(j)  The board of trustees shall provide for the

  2  content and custody of student and employee personnel records.

  3  Student records shall be subject to the provisions of s.

  4  228.093. Employee records shall be subject to the provisions

  5  of s. 231.291.

  6         (j)(k)  The financial records and accounts of the

  7  Florida Virtual On-Line High School shall be maintained under

  8  the direction of the board of trustees and under regulations

  9  prescribed by the Florida State Board of Education for the

10  uniform system of financial records and accounts for the

11  schools of the state.

12

13  The Governor shall designate the initial chair of the board of

14  trustees to serve a term of 4 years. Members of the board of

15  trustees shall serve without compensation, but may be

16  reimbursed for per diem and travel expenses pursuant to s.

17  112.061. The board of trustees shall be a body corporate with

18  all the powers of a body corporate and such authority as is

19  needed for the proper operation and improvement of the Florida

20  Virtual On-Line High School. The board of trustees is

21  specifically authorized to adopt rules, policies, and

22  procedures, consistent with law and rules of the Florida Board

23  of Education related to governance, personnel, budget and

24  finance, administration, programs, curriculum and instruction,

25  travel and purchasing, technology, students, contracts and

26  grants, and property as necessary for optimal, efficient

27  operation of the Florida Virtual On-Line High School. Tangible

28  personal property owned by the board of trustees shall be

29  subject to the provisions of chapter 273.

30         (3)(a)  Until fiscal year 2003-2004, the Commissioner

31  of Education shall include the Florida Virtual On-Line High

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  1  School as a grant-in-aid appropriation in the department's

  2  legislative budget request to the Florida State Board of

  3  Education, the Governor, and the Legislature,.

  4         (a)  subject to any guidelines imposed in the General

  5  Appropriations Act, funds for the operation of the Florida

  6  On-Line High School shall be requested and appropriated within

  7  the Department of Education as a grant-in-aid category until

  8  such time as the Legislature authorizes a different funding

  9  mechanism.

10         (b)  The Orange County District School Board shall be

11  the temporary fiscal agent of the Florida Virtual On-Line High

12  School.

13         (c)  Priorities for the delivery of services by the

14  Florida On-Line High School shall ensure that priority access

15  is provided equitably across the state.

16         (4)  Under no circumstance may the credit of the state

17  be pledged on behalf of the Florida Virtual On-Line High

18  School.

19         (5)  By January 1, 2001, The board of trustees shall

20  annually submit to the Governor, the Legislature, the

21  Commissioner of Education, and the Florida Board of Education

22  Reorganization Transition Commission a complete and detailed

23  report setting forth:

24         (a)  The operations and accomplishments of the Florida

25  Virtual On-Line High School.

26         (b)  The marketing and operational plan for the Florida

27  Virtual On-Line High School, including recommendations

28  regarding methods for improving the delivery of education

29  through the Internet and other distance learning technology.

30         (c)  The assets and liabilities of the Florida Virtual

31  On-Line High School at the end of the fiscal year.

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  1         (d)  A copy of an annual financial and compliance audit

  2  of the accounts and records of the Florida Virtual On-Line

  3  High School, conducted by an independent certified public

  4  accountant and performed in accordance with rules adopted by

  5  the Auditor General.

  6         (e)  Recommendations regarding the unit cost of

  7  providing services to students. In order to most effectively

  8  develop public policy regarding any future funding of the

  9  Florida Virtual On-Line High School, it is imperative that the

10  cost of the program is accurately identified. The identified

11  cost of the program must be based on reliable data and reflect

12  the costs associated with maintaining a state-of-the-art

13  on-line high school, including the costs associated with

14  maintaining a high-quality research and development effort to

15  locate and assimilate, or develop, Internet-based courses.

16         (f)  Recommendations regarding an accountability

17  mechanism to assess the effectiveness of the services provided

18  by the Florida Virtual On-Line High School.

19         (6)  The Auditor General may, pursuant to his or her

20  own authority, or at the direction of the Joint Legislative

21  Auditing Committee, conduct an audit of the Florida Virtual

22  On-Line High School.

23         (7)  The Florida State Board of Education may adopt

24  rules it deems necessary to implement reporting requirements

25  for the Florida Virtual On-Line High School.

26         Section 19.  The Department of Education shall maximize

27  the available federal indirect cost allowed on all federal

28  grants. Beginning with the 2002-2003 fiscal year, none of the

29  funds received from indirect cost allowance shall be expended

30  by the department without specific appropriation by the

31  Legislature.

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  1         Section 20.  Effective June 30, 2002, section 229.085,

  2  Florida Statutes, is repealed.

  3         Section 21.  Sections 240.145, 240.147, 240.227,

  4  240.307, subsection (2) of section 240.209, and subsection (4)

  5  of section 240.311, Florida Statutes, are repealed.

  6         Section 22.  Except as otherwise provided herein, this

  7  act shall take effect upon becoming a law.

  8

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises the policy and guiding principles of the
  4    Legislature relating to education governance and revises
      the timeframe for education governance reorganization.
  5

  6    Revises the titles and duties of the education governance
      officers. Revises the membership and duties of university
  7    boards of trustees. Abolishes the Board of Regents, the
      State Board of Community Colleges, and the Postsecondary
  8    Education Planning Commission. Transfers the powers and
      duties of the Board of Regents to the Florida Board of
  9    Education, of the State Board of Community Colleges to
      the Florida Board of Education, and of the Postsecondary
10    Education Planning Commission to the Education K-20
      Policy and Research Commission, respectively. Transfers
11    the Articulation Coordinating Committee and the Education
      Standards Commission by type two transfer from the
12    Department of Education to the Florida Board of
      Education.  Creates the Education K-20 Policy and
13    Research Commission within OPPAGA and establishes the
      membership and duties of the commission.  Requires the
14    Commissioner of Education to reorganize the Department of
      Education. Revises the timeframe for the creation of the
15    Florida Board of Education and revises the duties and
      responsibilities of the board.
16

17    Deletes obsolete language relating to the creation and
      already-accomplished duties of the Education Governance
18    Reorganization Task Force. Requires the task force to
      provide guidance and monitoring of the reorganization
19    implementation process and to report to the Governor, the
      Legislature, and the public on its progress. Revises the
20    timeframe and recipients of the final report of the task
      force.
21

22    Establishes guidelines for the implementation, structure,
      functions, and organization of Florida's K-20 education
23    system. Establishes duties of the Florida Board of
      Education relating to the transition and implementation
24    of the K-20 system. Establishes Florida's K-20 education
      performance accountability system. Provides legislative
25    intent, mission, goals, and systemwide measures.
      Establishes a reorganization implementation process.
26

27    Requires the Governor to appoint university boards of
      trustees and a Florida Board of Education. Provides
28    membership and duties of boards of trustees of
      universities in the State University System. Establishes
29    powers and duties of university presidents.

30
      Requires the Florida Board of Education to appoint
31    advisory bodies as necessary, and develop and recommend
      to the Legislature a new School Code.
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  1

  2    Provides legislative intent regarding the School
      Readiness Act. Clarifies responsibilities of the Florida
  3    Partnership for School Readiness, the Department of
      Education, and parents relating to school readiness.
  4

  5    Provides a statement of legislative finding and intent
      regarding liability for overall kindergarten through
  6    graduate school student achievement.

  7
      Revises the name of the Florida On-Line High School to
  8    the Florida Virtual High School, which school shall be
      housed within the Commissioner of Education's Office of
  9    Technology and Information Services and monitored by the
      commissioner. States the mission of the Florida Virtual
10    High School, deletes obsolete language, and revises the
      duties of the school's board of trustees.
11

12    Requires the Department of Education to maximize federal
      indirect cost allowed on federal grants. Requires
13    appropriation for expenditure of funds received from
      indirect cost allowance.
14

15    See bill for details.

16

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