CS/HB 7147

1
A bill to be entitled
2An act relating to postsecondary education; requiring the
3Office of Economic and Demographic Research to conduct a
4study of certain enrollment forecasting models; requiring
5a report; requiring the Department of Education to conduct
6a review of certain courses in the statewide course
7numbering system and update the system as appropriate;
8requiring a report; requiring nonpublic postsecondary
9institutions that participate in statewide course
10numbering to provide certain information in their
11catalogs; requiring the department's website to include
12certain information; providing legislative intent;
13establishing the Florida Business and Education
14Collaborative; providing membership and responsibilities;
15requiring annual reports; requiring a study by the Office
16of Program Policy Analysis and Government Accountability
17relating to articulation policies and practices; requiring
18a report; amending s. 267.062, F.S.; authorizing the
19naming of certain state university facilities for a living
20person under certain circumstances; amending s. 1001.03,
21F.S.; providing State Board of Education responsibilities
22with respect to community college baccalaureate degree
23programs; amending s. 1007.33, F.S.; revising provisions
24relating to community college submission of proposals to
25deliver baccalaureate degree programs; requiring notice of
26intent and opportunity for alternative proposals by
27certain institutions; amending s. 1009.23, F.S.; providing
28guidelines and restrictions for setting tuition and out-
29of-state fees for community college upper-division
30courses; amending s. 1011.83, F.S.; providing a residency
31requirement for funding baccalaureate degree programs at
32community colleges; providing requirements for funding
33nonrecurring and recurring costs associated with such
34programs; limiting per-student funding to a specified
35percentage of costs associated with state university
36baccalaureate degree programs; providing certain reporting
37and funding requirements; amending s. 1012.82, F.S.;
38providing minimum teaching hour requirements for faculty
39paid from funds appropriated for community college
40baccalaureate degree programs; providing an effective
41date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  The Office of Economic and Demographic Research
46shall conduct a study of the higher education enrollment
47forecasting models currently used in the state. The study must
48analyze the current models and provide options for improvements.
49The review shall specifically examine ways to include Florida's
50changing demographics in the forecasts. A final report with
51recommendations shall be submitted to the President of the
52Senate and the Speaker of the House of Representatives by
53February 1, 2008.
54     Section 2.  (1)  The Department of Education shall conduct
55a comprehensive review of the courses that are listed in the
56statewide course numbering system to:
57     (a)  Identify courses that are listed in the system that
58have not been taught at an institution for the preceding 5
59years;
60     (b)  Identify courses of nonpublic postsecondary
61institutions that may be inappropriately designated as
62equivalent for purposes of transfer of credit; and
63     (c)  Update the statewide course numbering system as
64appropriate based on these findings.
65     (2)  The Department of Education shall submit a report of
66its findings and actions to the President of the Senate and the
67Speaker of the House of Representatives by February 1, 2008.
68     (3)  Notwithstanding any other provision of law or rule to
69the contrary, any nonpublic postsecondary institution, as a
70condition of initial or continued participation in the statewide
71course numbering system, shall identify in all of its catalogs,
72printed or electronic, the specific courses offered by the
73institution that are included in the statewide course numbering
74system.
75     (4)  No later than July 1, 2008, the Department of
76Education shall develop and maintain on the department's website
77a listing of all courses in the statewide course numbering
78system and the institutions that offer each course. The listing
79shall be available to the public. Each institution that
80participates in the statewide course numbering system shall
81include in all of its catalogs, printed or electronic, a
82statement advising the reader of the website address and its use
83as a resource for information on the transferability of credits
84to other Florida institutions.
85     Section 3.  (1)  It is the intent of the Legislature to
86proactively shape Florida's economic future through the
87collaboration of business, industry, and educational partners.
88The Legislature recognizes that Florida's economic prosperity is
89dependent on tightly aligning educational outputs and outcomes
90with economic demands in order to shape the future economy of
91the state. The Legislature further agrees with national and
92state experts in their assessment that education will continue
93to play an instrumental role in Florida's ability to compete in
94the 21st century global economy and that inevitable demographic
95changes necessitate a collaborative and comprehensive
96prekindergarten-20 dialogue between educational and industry
97experts in order to define and recommend aligned solutions.
98Therefore, the Legislature intends to establish a formal
99business and education collaborative to perform activities and
100make recommendations to legislative and state policy boards
101toward defining and attaining Florida's economic goals.
102     (2)  The Florida Business and Education Collaborative is
103established as a state-level advisory group to the Governor; the
104Legislature; the State Board of Education; the Board of
105Governors of the State University System; boards of independent
106colleges, universities, and career schools; and other interested
107parties.
108     (a)  Members of the collaborative shall be appointed by the
109Governor and shall include state business leaders; state
110legislative members; representative leaders of state and
111nonpublic community colleges, colleges, universities, career
112schools, and workforce education institutions and entities; and
113national education and economic development policy leaders.
114     (b)  The collaborative shall have as a primary objective
115the promotion of strategies in public and private postsecondary
116education that are aligned with economic development goals.
117     (c)  Responsibilities of the collaborative shall include,
118but not be limited to:
119     1.  Collaboration with appropriate state entities to assess
120the degree of alignment of postsecondary education programmatic
121offerings and graduation outcomes with Florida's current and
122future economic development needs and goals, particularly in
123targeted occupational areas.
124     2.  Recommendations concerning measurable performance
125outcomes, trends, standards, and targets for achievement of
126state goals related to workforce skills, education disciplines
127and outcomes, and research and development capacity.
128     3.  Recommendations concerning funding approaches to align
129educational outputs to Florida's economic priorities, including
130performance funding and contracting mechanisms.
131     (d)  The collaborative shall annually report its findings
132and recommendations to the State Board of Education, the Board
133of Governors, the Executive Office of the Governor, the
134President of the Senate, and the Speaker of the House of
135Representatives by December 31.
136     Section 4.  The Office of Program Policy Analysis and
137Government Accountability (OPPAGA) shall conduct a study of the
138implementation of existing articulation policies and identify
139any current practices that may serve as unnecessary barriers or
140impediments to the effective progression and transfer of
141students within the education system and to the progress of
142students in completing their educational objectives as rapidly
143as their circumstances permit. The study shall review the
144implementation of statewide course numbering credit transfer
145policies, including the extent to which institutions fail to
146award credit for courses designated as equivalent, and recommend
147remediation efforts to resolve this matter. The study shall also
148review implementation of policies relating to the award of
149credit associated with approved articulated acceleration
150mechanisms and the extent to which credit received through
151acceleration mechanisms may be used to meet general education or
152other graduation requirements. The study shall also examine how
153students are notified about whether the credit they receive will
154apply toward graduation requirements. The study shall identify
155inconsistencies in implementation of articulation policies and
156assess the impact of such inconsistencies on a student's ability
157to complete his or her program in a more timely manner, on the
158cost to a student of completing his or her program, and on the
159cost to the state. The study shall also examine the
160effectiveness of the articulation accountability process
161established pursuant to s. 1008.38, Florida Statutes. A final
162report with recommendations shall be submitted to the President
163of the Senate and the Speaker of the House of Representatives by
164February 1, 2008.
165     Section 5.  Subsection (3) is added to section 267.062,
166Florida Statutes, to read:
167     267.062  Naming of state buildings and other facilities.--
168     (3)  Notwithstanding the provisions of subsection (1) or s.
1691013.79(11), any state building, road, bridge, park,
170recreational complex, or other similar facility of a state
171university may be named for a living person by the university
172board of trustees in accordance with rules adopted by the Board
173of Governors of the State University System.
174     Section 6.  Subsection (15) is added to section 1001.03,
175Florida Statutes, to read:
176     1001.03  Specific powers of State Board of Education.--
177     (15)  COMMUNITY COLLEGE BACCALAUREATE DEGREE PROGRAMS.--The
178State Board of Education shall provide for the review and
179approval of proposals by community colleges to offer
180baccalaureate degree programs pursuant to s. 1007.33. A
181community college, as defined in s. 1000.21, that is approved to
182offer baccalaureate degrees pursuant to s. 1007.33 remains under
183the authority of the State Board of Education and the community
184college's board of trustees.
185     Section 7.  Subsection (3) of section 1007.33, Florida
186Statutes, is amended to read:
187     1007.33  Site-determined baccalaureate degree access.--
188     (3)(a)  A community college may develop a proposal to
189deliver specified baccalaureate degree programs in its district
190to meet local workforce needs. A community college may also
191develop proposals to deliver baccalaureate degree programs in
192math and science which would prepare graduates to enter a
193teaching position in math or science.
194     (b)  The community college's proposal must be submitted to
195the State Board of Education for approval.
196     (c)  The community college's proposal must include the
197following information:
198     1.(a)  Demand for the baccalaureate degree program is
199identified by the workforce development board, local businesses
200and industry, local chambers of commerce, and potential
201students.
202     2.(b)  Unmet need for graduates of the proposed degree
203program is substantiated.
204     3.(c)  The community college has the facilities and
205academic resources to deliver the program.
206     (d)  A community college that plans to submit a proposal
207pursuant to this subsection shall submit notice of its intent to
208the State Board of Education, including a brief description of
209the program that will be proposed and an estimated timeframe for
210implementation, at least 90 days prior to submitting the
211proposal. The State Board of Education shall advise state
212universities and each regionally accredited private college and
213university that is chartered in and has its primary campus
214located in the state of the community college's notice of
215intent. State universities shall have 60 days to submit an
216alternative proposal to offer the baccalaureate degree program
217on the community college campus. If the state board does not
218receive a proposal from a state university within the 60-day
219time period or if the university proposal is not approved, the
220state board shall provide the regionally accredited private
221colleges and universities 30 days to submit an alternative
222proposal. An alternative proposal must adequately address:
223     1.  The extent to which students will be able to complete
224the degree in the community college district.
225     2.  The level of financial commitment of the college or
226university to the development, implementation, and maintenance
227of the specified degree program, including timelines.
228     3.  The extent to which faculty at both the community
229college and the college or university will collaborate in the
230development and offering of the curriculum.
231     4.  The ability of the community college and the college or
232university to develop and approve the curriculum for the
233specified degree program within 6 months after an agreement
234between the community college and the college or university is
235signed.
236     5.  The extent to which the student may incur additional
237costs above what the student would expect to incur if the
238program were offered by the community college.
239     (e)  The State Board of Education must consider the
240alternative proposals in making its decision to approve or deny
241a community college's proposal.
242     (f)  If no alternative proposal is received or approved and
243the State Board of Education determines that a community college
244proposal is deficient, the state board must notify the community
245college of the deficiencies in writing and provide the community
246college the opportunity to correct the deficiencies.
247     (g)  The proposal must be submitted to the Council for
248Education Policy Research and Improvement for review and
249comment. Upon approval of the State Board of Education for the
250specific degree program or programs, the community college shall
251pursue regional accreditation by the Commission on Colleges of
252the Southern Association of Colleges and Schools.
253     (h)  Any additional baccalaureate degree programs the
254community college wishes to offer must be approved by the State
255Board of Education.
256     (i)  Approval by the State Board of Education of a
257community college proposal to deliver a specified baccalaureate
258degree program does not alter the governance relationship of the
259community college with its local board of trustees or the State
260Board of Education.
261     Section 8.  Subsections (1) and (2) of section 1009.23,
262Florida Statutes, are amended to read:
263     1009.23  Community college student fees.--
264     (1)  Unless otherwise provided, the provisions of this
265section applies apply only to fees charged for college credit
266instruction leading to an associate in arts degree, an associate
267in applied science degree, or an associate in science degree, or
268a baccalaureate degree authorized by the State Board of
269Education pursuant to s. 1007.33 and for noncollege credit
270college-preparatory courses defined in s. 1004.02.
271     (2)(a)  All students shall be charged fees except students
272who are exempt from fees or students whose fees are waived.
273     (b)  Tuition and out-of-state fees for upper-division
274courses must reflect the fact that the community college has a
275less expensive cost structure than that of a state university.
276Therefore, the board of trustees shall establish tuition and
277out-of-state fees for upper-division courses in baccalaureate
278degree programs approved pursuant to s. 1007.33 consistent with
279law and proviso language in the General Appropriations Act.
280However, the board of trustees may not vary tuition and out-of-
281state fees as provided in subsection (4). Identical fees shall
282be required for all community college resident students within a
283college who take a specific course, regardless of the program in
284which they are enrolled.
285     Section 9.  Section 1011.83, Florida Statutes, is amended
286to read:
287     1011.83  Financial support of community colleges.--
288     (1)  Each community college that has been approved by the
289Department of Education and meets the requirements of law and
290rules of the State Board of Education shall participate in the
291Community College Program Fund. However, funds to support
292workforce education programs conducted by community colleges
293shall be provided pursuant to s. 1011.80.
294     (2)  Funding for baccalaureate degree programs approved
295pursuant to s. 1007.33 shall be specified in the General
296Appropriations Act. A student in a baccalaureate degree program
297approved pursuant to s. 1007.33 who is not classified as a
298resident for tuition purposes pursuant to s. 1009.21 may not be
299included in calculations of full-time equivalent enrollments for
300state funding purposes.
301     (3)  Funds specifically appropriated by the Legislature for
302baccalaureate degree programs approved pursuant to s. 1007.33
303may be used only for such programs. A community college shall
304fund the nonrecurring costs related to the initiation of a new
305baccalaureate degree program under s. 1007.33 without new state
306appropriations unless special grant funds are appropriated in
307the General Appropriations Act. A new baccalaureate degree
308program may not accept students without a recurring legislative
309appropriation for this purpose.
310     (4)  State policy for funding baccalaureate degree programs
311approved pursuant to s. 1007.33 shall be to limit state support
312for recurring operating purposes to no more than 85 percent of
313the amount of state expenditures for direct instruction per
314credit hour in upper-level state university programs. A
315community college may temporarily exceed this limit due to
316normal enrollment fluctuations or unforeseeable circumstances or
317while phasing in new programs. This subsection does not
318authorize the Department of Education to withhold legislative
319appropriations to any community college.
320     (5)  A community college that grants baccalaureate degrees
321shall maintain reporting and funding distinctions between any
322baccalaureate degree program approved under s. 1007.33 and any
323other baccalaureate degree programs involving traditional
324concurrent-use partnerships.
325     Section 10.  Section 1012.82, Florida Statutes, is amended
326to read:
327     1012.82  Teaching faculty; minimum teaching hours per
328week.--Each full-time member of the teaching faculty at any
329community college who is paid wholly from funds appropriated
330from the community college program fund or from funds
331appropriated for community college baccalaureate degree programs
332shall teach a minimum of 15 classroom contact hours per week at
333such institution. However, the required classroom contact hours
334per week may be reduced upon approval of the president of the
335institution in direct proportion to specific duties and
336responsibilities assigned the faculty member by his or her
337departmental chair or other appropriate college administrator.
338Such specific duties may include specific research duties,
339specific duties associated with developing television, video
340tape, or other specifically assigned innovative teaching
341techniques or devices, or assigned responsibility for off-campus
342student internship or work-study programs. A "classroom contact
343hour" consists of a regularly scheduled classroom activity of
344not less than 50 minutes in a course of instruction which has
345been approved by the community college board of trustees. Any
346full-time faculty member who is paid partly from community
347college program funds and partly from other funds or
348appropriations shall teach a minimum number of classroom contact
349hours per week in such proportion to 15 classroom contact hours
350as his or her salary paid from community college program funds
351bears to his or her total salary. Any full-time faculty member
352who is paid partly from funds appropriated for community college
353baccalaureate degree programs and partly from other funds or
354appropriations shall teach a minimum number of classroom contact
355hours per week in such proportion to 15 classroom contact hours
356as his or her salary paid from funds appropriated for community
357college baccalaureate degree programs bears to his or her total
358salary.
359     Section 11.  This act shall take effect upon becoming a
360law.


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