Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/HB 7151, 2nd Eng.
       
       
       
       
       
       
                                Barcode 878218                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/2R          .            Floor: C            
             05/03/2011 07:12 PM       .      05/05/2011 11:45 AM       
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       Senator Oelrich moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 85 - 439
    4  and insert:
    5         Section 2. Section 705.18, Florida Statutes, is amended to
    6  read:
    7         705.18 Disposal of personal property lost or abandoned on
    8  university or Florida College System institution community
    9  college campuses; disposition of proceeds from sale.—
   10         (1) Whenever any lost or abandoned personal property is
   11  shall be found on a campus of an institution in the State
   12  University System or a campus of a Florida College System
   13  institution state-supported community college, the president of
   14  the institution or the president’s designee shall take charge of
   15  the property and make a record of the date such property was
   16  found. If the property is not claimed by the owner, within 30
   17  days after it such property is found, or a longer period of time
   18  as may be deemed appropriate by the president under the
   19  circumstances, the property is not claimed by the owner, the
   20  president or his or her designee shall dispose of or make use of
   21  the property in accordance with established policies and
   22  procedures that best meet the needs of the university or the
   23  Florida College System institution and its students shall order
   24  it sold at public outcry after giving notice of the time and
   25  place of sale in a publication of general circulation on the
   26  campus of such institution and written notice to the owner if
   27  known. The rightful owner of the such property may reclaim the
   28  property the same at any time prior to the disposition, sale, or
   29  use of the property in accordance with this section and the
   30  established policies and procedures of the university or the
   31  Florida College System institution.
   32         (2) All moneys realized from such institution’s sale shall
   33  be placed in an appropriate fund and used solely for student
   34  scholarship and loan purposes.
   35         Section 3. Section 1000.07, Florida Statutes, is repealed.
   36         Section 4. Subsection (3) of section 1001.64, Florida
   37  Statutes, is amended to read:
   38         1001.64 Community college boards of trustees; powers and
   39  duties.—
   40         (3) A board of trustees shall have the power to take action
   41  without a recommendation from the president and shall have the
   42  power to require the president to deliver to the board of
   43  trustees all data and information required by the board of
   44  trustees in the performance of its duties. A board of trustees
   45  shall ask the Commissioner of Education to authorize an
   46  investigation of the president’s actions by the department’s
   47  inspector general if the board considers such investigation
   48  necessary. The inspector general shall provide a report
   49  detailing each issue under investigation and shall recommend
   50  corrective action. If the inspector general identifies potential
   51  legal violations, he or she shall refer the potential legal
   52  violations to the Commission on Ethics, the Department of Law
   53  Enforcement, the Attorney General, or another appropriate
   54  authority.
   55         Section 5. Subsection (4) of section 1004.015, Florida
   56  Statutes, is renumbered as subsection (6) and amended, and new
   57  subsections (4) and (5) are added to that section, to read:
   58         1004.015 Higher Education Coordinating Council.—
   59         (4) The council shall make detailed recommendations
   60  relating to:
   61         (a) The primary core mission of public and nonpublic
   62  postsecondary education institutions in the context of state
   63  access demands and economic development goals.
   64         (b) Performance outputs and outcomes designed to meet
   65  annual and long-term state goals, including, but not limited to,
   66  increased student access, preparedness, retention, transfer, and
   67  completion. Performance measures must be consistent across
   68  sectors and allow for a comparison of the state’s performance to
   69  that of other states.
   70         (c) The state’s articulation policies and practices to
   71  ensure that cost benefits to the state are maximized without
   72  jeopardizing quality. The recommendation shall consider return
   73  on investment for both the state and students and propose
   74  systems to facilitate and ensure institutional compliance with
   75  state articulation policies.
   76         (d) A plan for workforce development education that
   77  addresses:
   78         1. The alignment of school district and Florida College
   79  System workforce development education programs to ensure cost
   80  efficiency and mission delineation, including an examination of
   81  the need for both college credit and noncollege credit
   82  certificate programs, an evaluation of the merit of retaining
   83  the associate in applied science degree, and the consolidation
   84  of adult general education programs within school districts.
   85         2. The consistency of workforce education data collected
   86  and reported by Florida College System institutions and school
   87  districts, including the establishment of common elements and
   88  definitions for any data that is used for state and federal
   89  funding and program accountability.
   90         (5) The council shall submit a report outlining its
   91  detailed recommendations to the Governor, the President of the
   92  Senate, the Speaker of the House of Representatives, the Board
   93  of Governors, and the State Board of Education by December 31,
   94  2011, which specifically includes recommendations for
   95  consideration by the Legislature for implementation in the 2012
   96  2013 fiscal year.
   97         (6)(4) The Board of Governors and the Department of
   98  Education shall provide administrative support for the council.
   99         Section 6. Section 1004.68, Florida Statutes, is amended to
  100  read:
  101         1004.68 Community college; degrees and certificates; tests
  102  for certain skills.—
  103         (1) Each community college board of trustees shall adopt
  104  rules establishing student performance standards for the award
  105  of degrees and certificates.
  106         (2) Each community college board of trustees shall require
  107  the use of scores on tests for college-level communication and
  108  computation skills provided in s. 1008.345(7) as a condition for
  109  graduation with an associate in arts degree.
  110         Section 7. Section 1007.01, Florida Statutes, is amended to
  111  read:
  112         1007.01 Articulation; legislative intent; purpose; role of
  113  the State Board of Education and the Board of Governors;
  114  Articulation Coordinating Committee.—
  115         (1) It is the intent of the Legislature to facilitate
  116  articulation and seamless integration of the K-20 education
  117  system by building, and sustaining, and strengthening
  118  relationships among K-20 public organizations, between public
  119  and private organizations, and between the education system as a
  120  whole and Florida’s communities. The purpose of building, and
  121  sustaining, and strengthening these relationships is to provide
  122  for the efficient and effective progression and transfer of
  123  students within the education system and to allow students to
  124  proceed toward their educational objectives as rapidly as their
  125  circumstances permit. The Legislature further intends that
  126  articulation policies and budget actions be implemented
  127  consistently in the practices of the Department of Education and
  128  postsecondary educational institutions and expressed in the
  129  collaborative policy efforts of the State Board of Education and
  130  the Board of Governors.
  131         (2) To improve and facilitate articulation systemwide, the
  132  State Board of Education and the Board of Governors shall
  133  collaboratively establish and adopt recommend policies and
  134  guidelines to the Legislature with input from statewide K-20
  135  advisory groups established by the Commissioner of Education and
  136  the Chancellor of the State University System and shall
  137  recommend the policies to the Legislature. The policies shall
  138  relate relating to:
  139         (a) The alignment between the exit requirements of one
  140  education system and the admissions requirements of another
  141  education system into which students typically transfer.
  142         (b) The identification of common courses, the level of
  143  courses, institutional participation in a statewide course
  144  numbering system, and the transferability of credits among such
  145  institutions.
  146         (c) Identification of courses that meet general education
  147  or common degree program prerequisite requirements at public
  148  postsecondary educational institutions.
  149         (d) Dual enrollment course equivalencies.
  150         (e) Articulation agreements.
  151         (3) The Commissioner of Education, in consultation with the
  152  Chancellor of the State University System, shall establish the
  153  Articulation Coordinating Committee which shall make
  154  recommendations related to statewide articulation policies to
  155  the Higher Education Coordination Council, the State Board of
  156  Education, and the Board of Governors. The committee shall
  157  consist of two members each representing the State University
  158  System, the Florida College System, public career and technical
  159  education, public K-12 education, and nonpublic education and
  160  one member representing students. The chair shall be elected
  161  from the membership. The committee shall:
  162         (a) Monitor the alignment between the exit requirements of
  163  one education system and the admissions requirements of another
  164  education system into which students typically transfer and make
  165  recommendations for improvement.
  166         (b) Propose guidelines for interinstitutional agreements
  167  between and among public schools, career and technical education
  168  centers, Florida College System institutions, state
  169  universities, and nonpublic postsecondary institutions.
  170         (c) Annually recommend dual enrollment course and high
  171  school subject area equivalencies for approval by the State
  172  Board of Education and the Board of Governors.
  173         (d) Annually review the statewide articulation agreement
  174  pursuant to s. 1007.23 and make recommendations for revisions.
  175         (e) Annually review the statewide course numbering system,
  176  the levels of courses, and the application of transfer credit
  177  requirements among public and nonpublic institutions
  178  participating in the statewide course numbering system and
  179  identify instances of student transfer and admissions
  180  difficulties.
  181         (f) Annually publish a list of courses that meet common
  182  general education and common degree program prerequisite
  183  requirements at public postsecondary institutions identified
  184  pursuant to s. 1007.25.
  185         (g) Examine statewide data regarding articulation to
  186  identify issues and make recommendations to improve articulation
  187  throughout the K-20 education system.
  188         (h) Recommend roles and responsibilities of public
  189  education entities in interfacing with the single, statewide
  190  computer-assisted student advising system established pursuant
  191  to s. 1007.28.
  192         Section 8. Subsection (12) of section 1007.25, Florida
  193  Statutes, is amended to read:
  194         1007.25 General education courses; common prerequisites;
  195  and other degree requirements.—
  196         (12)(a) A public postsecondary educational institution may
  197  not confer an associate in arts or baccalaureate degree upon any
  198  student who fails to successfully complete one of the following
  199  requirements:
  200         1. Achieve a score that meets or exceeds a minimum score on
  201  a nationally standardized examination, as established by the
  202  State Board of Education in conjunction with the Board of
  203  Governors; or
  204         2. Demonstrate successful remediation of any academic
  205  deficiencies and achieve a cumulative grade point average of 2.5
  206  or above, on a 4.0 scale, in postsecondary-level coursework
  207  identified by the State Board of Education in conjunction with
  208  the Board of Governors. The Department of Education shall
  209  specify the means by which a student may demonstrate successful
  210  remediation.
  211         (b) Any student who, in the best professional opinion of
  212  the postsecondary educational institution, has a specific
  213  learning disability such that the student cannot demonstrate
  214  successful mastery of one or more of the authorized examinations
  215  but is achieving at the college level in every area despite his
  216  or her disability, and whose diagnosis indicates that further
  217  remediation will not succeed in overcoming the disability, may
  218  appeal through the appropriate dean to a committee appointed by
  219  the president or the chief academic officer for special
  220  consideration. The committee shall examine the evidence of the
  221  student’s academic and medical records and may hear testimony
  222  relevant to the case. The committee may grant a waiver for one
  223  or more of the authorized examinations based on the results of
  224  its review.
  225         (c) Each public postsecondary educational institution
  226  president shall establish a committee to consider requests for
  227  waivers from the requirements in paragraph (a). The committee
  228  shall be chaired by the chief academic officer of the
  229  institution and shall have four additional members appointed by
  230  the president as follows:
  231         1. One faculty member from the mathematics department;
  232         2. One faculty member from the English department;
  233         3. The institutional test administrator; and
  234         4. One faculty member from a department other than English
  235  or mathematics.
  236         (d) Any student who has taken the authorized examinations
  237  and has not achieved a passing score, but has otherwise
  238  demonstrated proficiency in coursework in the same subject area,
  239  may request a waiver from the examination requirement. Waivers
  240  shall be considered only after students have been provided test
  241  accommodations or other administrative adjustments to permit the
  242  accurate measurement of the student’s proficiency in the subject
  243  areas measured by the authorized examinations. The committee
  244  shall consider the student’s educational records and other
  245  evidence as to whether the student should be able to pass the
  246  authorized examinations. A waiver may be recommended to the
  247  president upon a majority vote of the committee. The president
  248  may approve or disapprove the recommendation. The president may
  249  not approve a request that the committee has disapproved. If a
  250  waiver is approved, the student’s transcript shall include a
  251  statement that the student did not meet the requirements of this
  252  subsection and that a waiver was granted.
  253         Section 9. Subsection (1) of section 1007.264, Florida
  254  Statutes, is amended to read:
  255         1007.264 Persons with disabilities; admission to
  256  postsecondary educational institutions; substitute requirements;
  257  rules and regulations.—
  258         (1) Any student with a disability, as defined in s.
  259  1007.02(2), who is otherwise eligible except those students who
  260  have been documented as having intellectual disabilities, shall
  261  be eligible for reasonable substitution for any requirement for
  262  admission into a public postsecondary educational institution
  263  where documentation can be provided that the person’s failure to
  264  meet the admission requirement is related to the disability.
  265         Section 10. Subsection (1) of section 1007.265, Florida
  266  Statutes, is amended to read:
  267         1007.265 Persons with disabilities; graduation, study
  268  program admission, and upper-division entry; substitute
  269  requirements; rules and regulations.—
  270         (1) Any student with a disability, as defined in s.
  271  1007.02(2), in a public postsecondary educational institution,
  272  except those students who have been documented as having
  273  intellectual disabilities, shall be eligible for reasonable
  274  substitution for any requirement for graduation, for admission
  275  into a program of study, or for entry into the upper division
  276  where documentation can be provided that the person’s failure to
  277  meet the requirement is related to the disability and where
  278  failure to meet the graduation requirement or program admission
  279  requirement does not constitute a fundamental alteration in the
  280  nature of the program.
  281         Section 11. Subsections (2) and (10) of section 1007.27,
  282  Florida Statutes, are amended to read:
  283         1007.27 Articulated acceleration mechanisms.—
  284         (2) The Department of Education shall annually identify and
  285  publish the minimum scores, maximum credit, and course or
  286  courses for which credit is to be awarded for each College Level
  287  Examination Program (CLEP) general examination, CLEP subject
  288  examination, College Board Advanced Placement Program
  289  examination, Advanced International Certificate of Education
  290  examination, and International Baccalaureate examination. The
  291  department shall use student performance data in subsequent
  292  postsecondary courses to determine the appropriate examination
  293  scores and courses for which credit is to be granted. Minimum
  294  scores may vary by subject area based on available performance
  295  data. In addition, the department shall identify such courses in
  296  the general education core curriculum of each state university
  297  and community college.
  298         (10) Any student who earns 9 or more credits from one or
  299  more of the acceleration mechanisms provided for in this section
  300  is exempt from any requirement of a public postsecondary
  301  educational institution mandating enrollment during a summer
  302  term.
  303         Section 12. Subsection (11) of section 1001.64, Florida
  304  Statutes, is amended to read
  305         1001.64 Community college boards of trustees; powers and
  306  duties.—
  307         (11) Each board of trustees shall submit an institutional
  308  budget request, including a request for fixed capital outlay,
  309  and an operating budget to the State Board of Education for
  310  review approval in accordance with guidelines established by the
  311  State Board of Education.
  312         Section 13. Section 1011.30, Florida Statutes, is amended
  313  to read:
  314         1011.30 Budgets for community colleges.—Each community
  315  college president shall recommend to the community college board
  316  of trustees a budget of income and expenditures at such time and
  317  in such form as the State Board of Education may prescribe. Upon
  318  approval of a budget by the community college board of trustees,
  319  such budget shall be transmitted to the Department of Education
  320  for review and approval. Rules of the State Board of Education
  321  shall prescribe procedures for effecting budget amendments
  322  subsequent to the final approval of a budget for a given year.
  323  ================= T I T L E  A M E N D M E N T ================
  324         And the title is amended as follows:
  325         Delete lines 4 - 49
  326  and insert:
  327         Academic Skills Test (CLAST); amending s. 705.18,
  328         F.S.; revising provisions relating to the disposal of
  329         personal property lost or abandoned on a university or
  330         Florida College System institution campus and the
  331         disposition of proceeds from the sale of such
  332         property; requiring that the university or Florida
  333         College System institution president, or his or her
  334         designee, dispose of or make use of unclaimed property
  335         in accordance with university or Florida College
  336         System institution policies and procedures; repealing
  337         s. 1007.07, F.S., relating to the Florida Business and
  338         Education Collaborative; amending s. 1001.64, F.S.;
  339         requiring a Florida College System institution board
  340         of trustees to ask the Commissioner of Education to
  341         authorize an investigation of the college president by
  342         the Department of Education’s inspector general in
  343         specified circumstances; requiring a report and
  344         recommendations; requiring the inspector general to
  345         refer potential legal violations to the Commission on
  346         Ethics, the Department of Law Enforcement, the
  347         Attorney General, or another appropriate authority;
  348         amending s. 1004.015, F.S.; requiring the Higher
  349         Education Coordinating Council to make recommendations
  350         and submit a report relating to core missions of
  351         postsecondary education institutions, performance
  352         outputs and outcomes, articulation policies, and
  353         workforce development education; amending s. 1004.68,
  354         F.S.; deleting provisions relating to the use of test
  355         scores for assessment of college-level communication
  356         and computation skills; amending s. 1007.01, F.S.;
  357         providing legislative intent and requirements relating
  358         to articulation; requiring the establishment of the
  359         Articulation Coordinating Committee and providing its
  360         responsibilities; amending s. 1007.25, F.S.; deleting
  361         provisions that require an examination or
  362         demonstration of remediation of academic deficiencies
  363         to obtain a postsecondary degree; amending ss.
  364         1007.264 and 1007.265, F.S.; deleting provisions that
  365         exclude students with intellectual disabilities from
  366         eligibility for substitute requirements for admission
  367         to or graduation from a public postsecondary education
  368         institution; amending s. 1007.27, F.S.; requiring the
  369         Department of Education to use student performance
  370         data to determine appropriate credit-by-examination
  371         scores and courses; deleting an exemption from summer
  372         term enrollment in a public postsecondary education
  373         institution for students earning accelerated credit;
  374         amending ss. 1001.64 and 1011.30, F.S.; removing
  375         provisions requiring that a budget of a community
  376         college be transmitted to the Department of Education
  377         for approval; amending s. 1008.30, F.S.,