Senate Bill sb1636e1

CODING: Words stricken are deletions; words underlined are additions.




    SB 1636                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 240.3836, F.S.; providing

  4         legislative intent; providing a process for

  5         authorizing community colleges to offer

  6         baccalaureate degree programs; providing an

  7         effective date.

  8

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

10

11         Section 1.  Section 240.3836, Florida Statutes, is

12  amended to read:

13         240.3836  Site-determined baccalaureate degree access

14  program; funding.--

15         (1)  The Legislature recognizes that public and private

16  postsecondary education institutions play essential roles in

17  improving the quality of life and economic well-being of the

18  state and its residents. The Legislature also recognizes that

19  economic development needs and the educational needs of

20  place-bound, nontraditional students have increased the demand

21  for local access to baccalaureate degree programs. In some,

22  but not all, geographic regions, baccalaureate degree programs

23  are being delivered successfully at the local community

24  college through agreements between the community college and

25  4-year postsecondary institutions within or outside of the

26  state.  It is therefore the intent of the Legislature to

27  further expand access to baccalaureate degree programs through

28  the use of community colleges apply this concept in the

29  creation and funding of a program that supports local economic

30  development and responds to public demand for increased access

31


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 1636                                  First Engrossed (ntc)



  1  to baccalaureate degrees in areas of the state that are

  2  underserved by 4-year institutions.

  3         (2)  A community college may be authorized by the State

  4  Board of Education to offer a limited number of baccalaureate

  5  degrees designed to meet local workforce needs through one of

  6  the following processes:

  7         (a)  A community college may enter into a formal

  8  agreement with the state university in its service area for

  9  the community college to deliver specified baccalaureate

10  degree programs. The agreement must be submitted to the State

11  Board of Education for approval. The college's proposal must

12  include the following information:

13         1.  Demand for the baccalaureate degree program is

14  identified by the workforce development board, local

15  businesses and industry, local chambers of commerce, and

16  potential students.

17         2.  Unmet need for graduates of the proposed degree

18  program is substantiated.

19         3.  The community college has the facilities and

20  academic resources to deliver the program.

21

22  The agreement must be submitted to the Postsecondary Education

23  Planning Commission for review and comment. Upon approval of

24  the State Board of Education for the specific degree program

25  or programs, the college shall pursue regional accreditation

26  by the Commission on Colleges of the Southern Association of

27  Colleges and Schools. Any additional baccalaureate degree

28  programs the college wishes to offer must be approved by the

29  State Board of Education.

30         (b)  A community college may develop a proposal to

31  deliver specified baccalaureate degree programs in its


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    SB 1636                                  First Engrossed (ntc)



  1  district. The proposal must be submitted to the State Board of

  2  Education for approval. The college's proposal must include

  3  the following information:

  4         1.  Demand for the baccalaureate degree program is

  5  identified by the workforce development board, local

  6  businesses and industry, local chambers of commerce, and

  7  potential students.

  8         2.  Unmet need for graduates of the proposed degree

  9  program is substantiated.

10         3.  The community college has the facilities and

11  academic resources to deliver the program.

12

13  The proposal must be submitted to the Postsecondary Education

14  Planning Commission for review and comment. Upon approval of

15  the State Board of Education for the specific degree program

16  or programs, the college shall pursue regional accreditation

17  by the Commission on Colleges of the Southern Association of

18  Colleges and Schools. Any additional baccalaureate degree

19  programs the college wishes to offer must be approved by the

20  State Board of Education.

21         (3)  A community college may not terminate its

22  Associate-in-Arts or Associate-in-Science degree programs as a

23  result of the authorization provided in subsection (2). The

24  Legislature intends that the primary mission of a community

25  college, including a college that offers baccalaureate degree

26  programs, continues to be the provision of associate degrees

27  that provide access to a university.

28         (2)  Categorical funding is authorized for the

29  site-determined baccalaureate degree access program created by

30  this section. Funds may not be used to support the

31  construction, renovation, or remodeling of facilities. This


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    SB 1636                                  First Engrossed (ntc)



  1  program is voluntary and does not preclude other mutually

  2  agreed upon arrangements between community colleges and 4-year

  3  institutions for the delivery of baccalaureate degrees on

  4  community college sites.

  5         (3)  Each community college wishing to participate in

  6  the site-determined baccalaureate degree access program must:

  7         (a)  Identify baccalaureate degree programs that are

  8  not currently offered at the community college but are

  9  proposed for delivery at the college to meet the academic and

10  economic development needs of one or more communities within

11  the college's service area. When assessing local needs, the

12  college should seek input from the appropriate chamber of

13  commerce, workforce development council, and other civic and

14  business groups. As used in this section, the term "economic

15  development" means entrepreneurial efforts, the attraction of

16  new business and industry to the area, and the expansion of

17  existing business and industry.

18         (b)  Determine the number of students interested in

19  pursuing each proposed baccalaureate degree program and

20  identify the enrollment patterns, any special characteristics

21  of those students, and any unique combination or modification

22  of course offerings that may be necessary to meet student

23  enrollment needs.

24         (c)  Submit a proposal to the Postsecondary Education

25  Planning Commission requesting validation of the need for the

26  proposed baccalaureate degree program and tentative approval

27  for program funding. The proposal must include:

28         1.  A description of each proposed baccalaureate degree

29  program identifying the junior-level and senior-level courses

30  to be offered and designating whether the program should be

31  offered for a cohort group or as an ongoing degree program.


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    SB 1636                                  First Engrossed (ntc)



  1         2.  Evidence that local occupational forecasts support

  2  the existence of jobs for graduates of the proposed

  3  baccalaureate degree programs.

  4         3.  An estimated number of students to be served by

  5  each proposed degree program.

  6         4.  An assurance that the community college's existing

  7  facilities are sufficient to meet the additional demands for

  8  classroom and laboratory space for the proposed degree

  9  programs.

10         5.  Evidence that the college has requested the

11  participation of no fewer than three regionally accredited

12  4-year postsecondary institutions, including at least one

13  member of the State University System.  Any member of the

14  State University System and any independent, regionally

15  accredited, 4-year institution that is chartered in, and has

16  its primary campus located in, Florida may be a partner in a

17  site-determined baccalaureate degree access program at any

18  community college.

19         6.  A tentative agreement between the community college

20  and the 4-year postsecondary institution selected to offer the

21  upper-level courses leading to the proposed degree or degrees.

22         7.  Any additional provisions that the Postsecondary

23  Education Planning Commission considers pertinent to the

24  proposal.

25         (4)  The Postsecondary Education Planning Commission,

26  after soliciting comments from the Board of Regents and the

27  State Board of Community Colleges, shall validate the need for

28  each baccalaureate degree program proposed for delivery

29  according to this section and shall notify the community

30  college that its proposal has been approved or rejected.  The

31  commission shall establish procedures for the timely


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    SB 1636                                  First Engrossed (ntc)



  1  submission, review, and approval of the proposals and

  2  agreements required by this section. These procedures must be

  3  designed to allow the initiation of approved baccalaureate

  4  degree programs at least 3 times each fiscal year.

  5         (5)  Once the Postsecondary Education Planning

  6  Commission validates the need for the proposed baccalaureate

  7  degree program and notifies the community college that its

  8  proposal has been approved, the community college shall

  9  finalize an agreement with the regionally accredited, public

10  or nonpublic, 4-year postsecondary institution selected to

11  provide the upper-level instructional services in the approved

12  baccalaureate degree program. The commission shall identify

13  the common aspects that each agreement must address,

14  including, but not limited to:

15         (a)  A course delivery pattern based on the student

16  enrollment patterns and characteristics included in the

17  approved proposal.

18         (b)  An articulation provision that guarantees

19  acceptance of students who hold an associate in arts or

20  associate in science degree and satisfy any other

21  prerequisites for admission to the specific baccalaureate

22  degree program.

23         (c)  The provision of library services and student

24  support services.

25         (d)  An agreement that the participating 4-year

26  postsecondary institution will continue offering instructional

27  services at least until all qualified members of the initial

28  group of students have had an opportunity to complete the

29  degree program.

30         (e)  The specific and measurable performance criteria

31  that the Postsecondary Education Planning Commission may use


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    SB 1636                                  First Engrossed (ntc)



  1  to evaluate the outcomes and outputs of the baccalaureate

  2  degree program within an identified timeframe.

  3         (f)  An agreement that in-state student tuition for the

  4  degree program will not exceed the matriculation fee for the

  5  State University System unless the proposal approved by the

  6  Postsecondary Education Planning Commission allows the

  7  participating institutions to charge differentiated tuition

  8  and fees to encourage student attendance and participation.

  9  Out-of-state students shall pay full costs.  Notwithstanding

10  s. 240.605, students participating in a site-determined

11  baccalaureate degree program may not receive a Florida

12  Resident Access Grant.

13         (6)  Each participating community college must submit

14  the agreement required by this section to the Postsecondary

15  Education Planning Commission for review and final approval

16  before initiating an approved site-determined baccalaureate

17  degree access program. Subject to the availability of

18  legislative appropriations specifically provided for this

19  purpose, the Postsecondary Education Planning Commission must

20  recommend to the Commissioner of Education the total funds to

21  be released to each participating community college for the

22  initiation of the approved site-determined baccalaureate

23  degree access program. The community college shall distribute

24  funds to the participating 4-year postsecondary institution at

25  the rate specified in the approved agreement. The

26  Postsecondary Education Planning Commission shall not

27  recommend the release of funding for any program that is

28  terminated before or after the evaluation required by this

29  section.  The total funds to be released for the initiation of

30  an approved program shall be based on the number of fundable

31  upper-level student credit hours for each term. Unless


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    SB 1636                                  First Engrossed (ntc)



  1  otherwise provided in an appropriations act, the funding per

  2  credit hour shall be an amount equal to the state funds,

  3  excluding student fees, appropriated to the State University

  4  System for each full-time equivalent student enrolled in

  5  upper-level course work. Student credit hours funded under

  6  this program may not be duplicated in any other calculation of

  7  state funding for the 4-year institution.

  8         (7)  The Postsecondary Education Planning Commission

  9  may require the participating community colleges and 4-year

10  postsecondary institutions to submit information necessary to

11  monitor the annual performance of the program. Within 90 days

12  after the 2nd and 4th year of the site-determined

13  baccalaureate degree access program, the commission shall

14  submit to the chairs of the education and fiscal committees of

15  the Legislature a progress report, including an evaluation of

16  the funding mechanism created by this section. The commission

17  shall review each site-determined baccalaureate degree access

18  program funded under this section to ascertain whether the

19  performance measures specified in the agreement between the

20  participating community college and the 4-year institution

21  have been met. Each program must be reviewed 4 years after

22  initiation unless a shorter timeframe is specified in the

23  agreement. The performance measures must include the student

24  graduation rate, the employment rate of program graduates both

25  within and outside the community college service area, the

26  continuing need to offer the specific baccalaureate degree

27  program in the community college service area, and such other

28  information as the Postsecondary Education Planning Commission

29  may determine necessary for program and performance

30  evaluation. Based on its evaluation, the commission shall

31  either approve continuation of the program, require


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    SB 1636                                  First Engrossed (ntc)



  1  modifications prior to program approval, or recommend that the

  2  participating institutions terminate the program after all

  3  qualified members of the initial group of students have an

  4  opportunity to complete the degree program. The commission

  5  must submit to the Commissioner of Education for inclusion in

  6  the legislative budget a request for funding for approved

  7  site-determined baccalaureate degree access programs.

  8         (8)  If no accredited 4-year institution is willing to

  9  provide a baccalaureate degree program approved by the

10  Postsecondary Education Planning Commission under this

11  section, the community college board of trustees may ask the

12  commission to evaluate the college's request to offer the

13  degree program. If the commission is satisfied that the

14  community college should offer the degree program, it shall

15  recommend to the Legislature the enactment of statutory

16  authority for the community college to offer that specific

17  baccalaureate degree program.

18         Section 2.  This act shall take effect upon becoming a

19  law.

20

21

22

23

24

25

26

27

28

29

30

31


                                  9

CODING: Words stricken are deletions; words underlined are additions.