HB 0137CS

CHAMBER ACTION



1The Education Appropriations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the awarding of baccalaureate degrees
7by community colleges; amending s. 1001.64, F.S.;
8providing that community colleges that grant baccalaureate
9degrees remain under the authority of the State Board of
10Education with respect to specified responsibilities;
11providing that the board of trustees is the governing
12board for purposes of granting baccalaureate degrees;
13providing powers of the boards of trustees, including the
14power to establish tuition and out-of-state fees;
15providing restrictions; requiring policies relating to
16minimum faculty teaching hours per week; amending s.
171004.65, F.S.; requiring community colleges that offer
18baccalaureate degrees to maintain their primary mission
19and prohibiting the termination of associate degree
20programs; amending s. 1004.73, F.S.; removing
21authorization for St. Petersburg College to request
22funding from the Public Education Capital Outlay and Debt
23Service Trust Fund as a university; amending s. 1007.33,
24F.S.; removing requirement that baccalaureate degree
25program proposals be submitted to the Council for
26Education Policy Research and Improvement for review and
27comment; providing requirements for the delivery of
28specified baccalaureate degree programs by a regionally
29accredited college or university at a community college
30site; requiring notification to colleges and universities
31of intent to offer the degree program; amending s.
321009.23, F.S.; providing guidelines and restrictions for
33setting tuition and out-of-state fees for upper-division
34courses; requiring the State Board of Education to adopt a
35resident fee schedule for baccalaureate degree programs
36offered by community colleges; amending s. 1011.83, F.S.;
37providing requirements for funding baccalaureate degree
38programs, including funding nonrecurring and recurring
39costs associated with such programs; providing state
40policy to limit state support for recurring operating
41purposes to no more than a specified percentage of funding
42for certain state university programs; providing certain
43reporting and funding requirements; amending s. 1013.60,
44F.S.; allowing boards of trustees to request funding for
45all authorized programs; providing that enrollment in
46baccalaureate degree programs may be computed into the
47survey of need for facilities under certain conditions;
48providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Subsections (1), (2), and (8) of section
531001.64, Florida Statutes, are amended to read:
54     1001.64  Community college boards of trustees; powers and
55duties.--
56     (1)  The boards of trustees shall be responsible for
57cost-effective policy decisions appropriate to the community
58college's mission, the implementation and maintenance of
59high-quality education programs within law and rules of the
60State Board of Education, the measurement of performance, the
61reporting of information, and the provision of input regarding
62state policy, budgeting, and education standards. Community
63colleges may grant baccalaureate degrees pursuant to s. 1007.33
64and shall remain under the authority of the State Board of
65Education with respect to planning, coordination, oversight, and
66budgetary and accountability responsibilities.
67     (2)  Each board of trustees is vested with the
68responsibility to govern its respective community college and
69with such necessary authority as is needed for the proper
70operation and improvement thereof in accordance with rules of
71the State Board of Education. This authority includes serving as
72the governing board for purposes of granting baccalaureate
73degrees as authorized in s. 1007.33 and approved by the State
74Board of Education.
75     (8)  Each board of trustees has authority for policies
76related to students, enrollment of students, student records,
77student activities, financial assistance, and other student
78services.
79     (a)  Each board of trustees shall govern admission of
80students pursuant to s. 1007.263 and rules of the State Board of
81Education. A board of trustees may establish additional
82admissions criteria, which shall be included in the district
83interinstitutional articulation agreement developed according to
84s. 1007.235, to ensure student readiness for postsecondary
85instruction. Each board of trustees may consider the past
86actions of any person applying for admission or enrollment and
87may deny admission or enrollment to an applicant because of
88misconduct if determined to be in the best interest of the
89community college.
90     (b)  Each board of trustees shall adopt rules establishing
91student performance standards for the award of degrees and
92certificates pursuant to s. 1004.68. The board of trustees of a
93community college that is authorized to grant a baccalaureate
94degree under s. 1007.33 may continue to award degrees, diplomas,
95and certificates as authorized for the college, and in the name
96of the college, until the college receives any necessary changes
97to its accreditation.
98     (c)  Each board of trustees shall establish tuition and
99out-of-state fees for approved baccalaureate degree programs,
100consistent with law and proviso language in the General
101Appropriations Act; however, a board of trustees may not vary
102tuition and out-of-state fees as provided in s. 1009.23(4).
103     (d)(c)  Boards of trustees are authorized to establish
104intrainstitutional and interinstitutional programs to maximize
105articulation pursuant to s. 1007.22.
106     (e)(d)  Boards of trustees shall identify their core
107curricula, which shall include courses required by the State
108Board of Education, pursuant to the provisions of s. 1007.25(6).
109     (f)(e)  Each board of trustees must adopt a written
110antihazing policy, provide a program for the enforcement of such
111rules, and adopt appropriate penalties for violations of such
112rules pursuant to the provisions of s. 1006.63.
113     (g)(f)  Each board of trustees may establish a uniform code
114of conduct and appropriate penalties for violation of its rules
115by students and student organizations, including rules governing
116student academic honesty. Such penalties, unless otherwise
117provided by law, may include fines, the withholding of diplomas
118or transcripts pending compliance with rules or payment of
119fines, and the imposition of probation, suspension, or
120dismissal.
121     (h)(g)  Each board of trustees pursuant to s. 1006.53 shall
122adopt a policy in accordance with rules of the State Board of
123Education that reasonably accommodates the religious observance,
124practice, and belief of individual students in regard to
125admissions, class attendance, and the scheduling of examinations
126and work assignments.
127     (i)  Each board of trustees shall adopt a policy providing
128that faculty who teach upper-division courses that are a
129component part of a baccalaureate degree program must meet the
130requirements of s. 1012.82.
131     Section 2.  Paragraph (a) of subsection (7) and subsection
132(9) of section 1004.65, Florida Statutes, are amended to read:
133     1004.65  Community colleges; definition, mission, and
134responsibilities.--
135     (7)  A separate and secondary role for community colleges
136includes:
137     (a)  Providing upper level instruction and awarding
138baccalaureate degrees as specifically authorized by law. A
139community college that is approved to offer baccalaureate degree
140programs shall maintain its primary mission pursuant to
141subsection (6) and may not terminate associate in arts or
142associate in science degree programs as a result of the
143authorization to offer baccalaureate degree programs.
144     (9)  Community colleges are authorized to offer such
145programs and courses as are necessary to fulfill their mission
146and are authorized to grant associate in arts degrees, associate
147in science degrees, associate in applied science degrees,
148certificates, awards, and diplomas. Each community college is
149also authorized to make provisions for the General Educational
150Development test. Each community college may provide access to
151and award baccalaureate degrees in accordance with law.
152     Section 3.  Subsection (7) of section 1004.73, Florida
153Statutes, is amended to read:
154     1004.73  St. Petersburg College.--
155     (7)  FACILITIES.--St. Petersburg College may request
156funding from the Public Education Capital Outlay and Debt
157Service Trust Fund as a community college and as a university.
158The municipalities in Pinellas County, the Board of County
159Commissioners of Pinellas County, and all other governmental
160entities are authorized to cooperate with the Board of Trustees
161of St. Petersburg College in establishing this institution. The
162acquisition and donation of lands, buildings, and equipment for
163the use of St. Petersburg College are authorized as a public
164purpose. The Board of County Commissioners of Pinellas County
165and all municipalities in Pinellas County may exercise the power
166of eminent domain to acquire lands, buildings, and equipment for
167the use of St. Petersburg College, regardless of whether such
168lands, buildings, and equipment are located in a community
169redevelopment area.
170     Section 4.  Subsection (3) of section 1007.33, Florida
171Statutes, is amended, subsection (4) is renumbered as subsection
172(6), and new subsections (4) and (5) are added to that section,
173to read:
174     1007.33  Site-determined baccalaureate degree access.--
175     (3)  A community college may develop a proposal to deliver
176specified baccalaureate degree programs in its district to meet
177local workforce needs. The proposal must be submitted to the
178State Board of Education for approval. The community college's
179proposal must include the following information:
180     (a)  Demand for the baccalaureate degree program is
181identified by the workforce development board, local businesses
182and industry, local chambers of commerce, and potential
183students.
184     (b)  Unmet need for graduates of the proposed degree
185program is substantiated.
186     (c)  The community college has the facilities and academic
187resources to deliver the program.
188
189The proposal must be submitted to the Council for Education
190Policy Research and Improvement for review and comment. Upon
191approval of the State Board of Education for the specific degree
192program or programs, the community college shall pursue regional
193accreditation by the Commission on Colleges of the Southern
194Association of Colleges and Schools. Any additional
195baccalaureate degree programs the community college wishes to
196offer must be approved by the State Board of Education.
197     (4)  A formal agreement for the delivery of specified
198baccalaureate degree programs by a regionally accredited public
199or private college or university at a community college site
200must include:
201     (a)  A guarantee that students will be able to complete the
202degree in the community college district.
203     (b)  A financial commitment to the development,
204implementation, and maintenance of the specified degree program
205on behalf of the college or university which includes timelines.
206     (c)  A plan for collaboration in the development and
207offering of the curriculum for the specified degree by faculty
208at both the community college and the college or university. The
209curriculum for the specified degree must be developed and
210approved within 6 months after the agreement between the
211community college and the college or university is signed.
212     (5)  A community college proposal to deliver a specified
213baccalaureate degree program must document that the community
214college has notified in writing the accredited public and
215private colleges and universities in the community college's
216district of its intent to seek approval for delivery of the
217proposed program. The notified colleges and universities have 90
218days to submit in writing to the community college an
219alternative plan for providing the specified degree program.
220     Section 5.  Subsections (1), (2), and (3) of section
2211009.23, Florida Statutes, are amended to read:
222     1009.23  Community college student fees.--
223     (1)  Unless otherwise provided, the provisions of this
224section applies apply only to fees charged for college credit
225instruction leading to an associate in arts degree, an associate
226in applied science degree, or an associate in science degree, or
227a baccalaureate degree authorized by the State Board of
228Education pursuant to s. 1007.33 and for noncollege credit
229college-preparatory courses defined in s. 1004.02.
230     (2)(a)  All students shall be charged fees except students
231who are exempt from fees or students whose fees are waived.
232     (b)  Tuition and out-of-state fees for upper-division
233courses must reflect the fact that the community college has a
234less expensive cost structure than that of a state university.
235Therefore, the board of trustees shall establish tuition and
236out-of-state fees for upper-division courses consistent with law
237and proviso language in the General Appropriations Act; however,
238the board of trustees may not vary tuition and out-of-state fees
239as provided in subsection (4). Identical fees shall be required
240for all community college resident students within a college who
241take a specific course, regardless of the program in which they
242are enrolled.
243     (3)  The State Board of Education shall adopt by December
24431 of each year a resident fee schedule for the following fall
245for advanced and professional programs, associate in science
246degree programs, baccalaureate degree programs authorized by the
247State Board of Education pursuant to s. 1007.33, and college-
248preparatory programs that produce revenues in the amount of 25
249percent of the full prior year's cost of these programs. Fees
250for courses in college-preparatory programs and associate in
251arts and associate in science degree programs may be established
252at the same level. In the absence of a provision to the contrary
253in an appropriations act, the fee schedule shall take effect and
254the colleges shall expend the funds on instruction. If the
255Legislature provides for an alternative fee schedule in an
256appropriations act, the fee schedule shall take effect the
257subsequent fall semester.
258     Section 6.  Section 1011.83, Florida Statutes, is amended
259to read:
260     1011.83  Financial support of community colleges.--
261     (1)  Each community college that has been approved by the
262Department of Education and meets the requirements of law and
263rules of the State Board of Education shall participate in the
264Community College Program Fund. However, funds to support
265workforce education programs conducted by community colleges
266shall be provided pursuant to s. 1011.80.
267     (2)  Funding for baccalaureate degree programs approved
268pursuant to s. 1007.33 shall be specified in the General
269Appropriations Act. A student in a baccalaureate degree program
270approved pursuant to s. 1007.33 who is not classified as a
271resident for tuition purposes pursuant to s. 1009.21 shall not
272be included in calculations of full-time equivalent enrollments
273for state funding purposes.
274     (3)  Funds specifically appropriated by the Legislature for
275baccalaureate degree programs approved pursuant to s. 1007.33
276may be used only for such programs. A community college shall
277fund the nonrecurring costs related to the initiation of a new
278baccalaureate degree program under s. 1007.33 without new state
279appropriations unless special grant funds are appropriated in
280the General Appropriations Act. A new baccalaureate degree
281program may not accept students without a recurring legislative
282appropriation for this purpose.
283     (4)  State policy for funding baccalaureate degree programs
284approved pursuant to s. 1007.33 shall be to limit state support
285for recurring operating purposes to no more than 85 percent of
286the amount of state expenditures for direct instruction per
287credit hour in upper-level state university programs. A
288community college may temporarily exceed this limit due to
289normal enrollment fluctuations or unforeseeable circumstances or
290while phasing in new programs. This subsection does not
291authorize the Department of Education to withhold legislative
292appropriations to any community college.
293     (5)  A community college that grants baccalaureate degrees
294shall maintain reporting and funding distinctions between any
295baccalaureate degree program approved under s. 1007.33 and any
296other baccalaureate degree programs involving traditional
297concurrent-use partnerships.
298     Section 7.  Subsection (2) of section 1013.60, Florida
299Statutes, is amended to read:
300     1013.60  Legislative capital outlay budget request.--
301     (2)  The commissioner shall submit to the Governor and to
302the Legislature an integrated, comprehensive budget request for
303educational facilities construction and fixed capital outlay
304needs for school districts, community colleges, and
305universities, pursuant to the provisions of s. 1013.64 and
306applicable provisions of chapter 216. Each community college
307board of trustees and each university board of trustees shall
308submit to the commissioner a 3-year plan and data required in
309the development of the annual capital outlay budget. Community
310college boards of trustees may request funding for all
311authorized programs. Such a request for funding must be
312submitted as a part of the 3-year priority list for community
313colleges pursuant to s. 1013.64(4)(a). Enrollment in approved
314baccalaureate degree programs or baccalaureate degree programs
315offered under a formal agreement with a state university
316pursuant to s. 1007.33 may be computed into the survey of need
317for facilities if the partner is not defraying the cost. No
318further disbursements shall be made from the Public Education
319Capital Outlay and Debt Service Trust Fund to a board of
320trustees that fails to timely submit the required data until
321such board of trustees submits the data.
322     Section 8.  This act shall take effect July 1, 2006.


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