Bill Text: FL S7046 | 2015 | Regular Session | Prefiled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S7046 Detail]
Download: Florida-2015-S7046-Prefiled.html
Bill Title: Education
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S7046 Detail]
Download: Florida-2015-S7046-Prefiled.html
Florida Senate - 2015 (PROPOSED BILL) SPB 7046 FOR CONSIDERATION By the Committee on Education Pre-K - 12 581-01944A-15 20157046pb 1 A bill to be entitled 2 An act relating to education; amending s. 1001.7065, 3 F.S.; requiring a state research university to enter 4 into and maintain a formal agreement with a specified 5 organization to offer college-sponsored merit 6 scholarship awards as a condition of designation as a 7 preeminent state research university; specifying that 8 continuation of a state research university’s 9 institute for online learning is contingent on the 10 university entering into and maintaining such an 11 agreement; amending s. 1011.62, F.S.; authorizing a 12 low-performing elementary school to administer the 13 required additional hours of instruction in a summer 14 program; requiring a school to continue to provide the 15 additional instruction to certain students in the 16 subsequent year that the school is no longer 17 classified as one of the 300 lowest-performing 18 elementary schools; revising the types and amounts of 19 bonuses that a teacher may receive in any given school 20 year; deleting obsolete language; requiring the Board 21 of Governors and the State Board of Education to base 22 state performance funds for the State University 23 System and the Florida College System, respectively, 24 on specified metrics adopted by each board; specifying 25 allocation of the funds; requiring the Chancellor of 26 the State University System and the Commissioner of 27 Education to withhold disbursement of certain funds; 28 requiring the boards to submit reports by a specified 29 time to the Governor and the Legislature; requiring 30 the boards to adopt rules; providing an effective 31 date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Subsections (3) and (4) of section 1001.7065, 36 Florida Statutes, are amended to read: 37 1001.7065 Preeminent state research universities program.— 38 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—The 39 Board of Governors shall designate each state research 40 university that meets at least 11 of the 12 academic and 41 research excellence standards identified in subsection (2) and 42 that enters into and maintains a formal agreement with the 43 National Merit Scholarship Corporation to offer college 44 sponsored merit scholarship awards a preeminent state research 45 university. 46 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR 47 ONLINE LEARNING.—A state research university that, as of July 1, 48 2013, metmeetsall 12 of the academic and research excellence 49 standards identified in subsection (2), as verified by the Board 50 of Governors, shall establish an institute for online learning. 51 Continuation of the institute for online learning is contingent 52 upon a state research university entering into and maintaining a 53 formal agreement with the National Merit Scholarship Corporation 54 to offer college-sponsored merit scholarship awards. The 55 institute shall establish a robust offering of high-quality, 56 fully online baccalaureate degree programs at an affordable cost 57 in accordance with this subsection. 58 (a) By August 1, 2013, the Board of Governors shall convene 59 an advisory board to support the development of high-quality, 60 fully online baccalaureate degree programs at the university. 61 (b) The advisory board shall: 62 1. Offer expert advice, as requested by the university, in 63 the development and implementation of a business plan to expand 64 the offering of high-quality, fully online baccalaureate degree 65 programs. 66 2. Advise the Board of Governors on the release of funding 67 to the university upon approval by the Board of Governors of the 68 plan developed by the university. 69 3. Monitor, evaluate, and report on the implementation of 70 the plan to the Board of Governors, the Governor, the President 71 of the Senate, and the Speaker of the House of Representatives. 72 (c) The advisory board shall be composed of the following 73 five members: 74 1. The chair of the Board of Governors or the chair’s 75 permanent designee. 76 2. A member with expertise in online learning, appointed by 77 the Board of Governors. 78 3. A member with expertise in global marketing, appointed 79 by the Governor. 80 4. A member with expertise in cloud virtualization, 81 appointed by the President of the Senate. 82 5. A member with expertise in disruptive innovation, 83 appointed by the Speaker of the House of Representatives. 84 (d) The president of the university shall be consulted on 85 the advisory board member appointments. 86 (e) A majority of the advisory board shall constitute a 87 quorum, elect the chair, and appoint an executive director. 88 (f) By September 1, 2013, the university shall submit to 89 the advisory board a comprehensive plan to expand high-quality, 90 fully online baccalaureate degree program offerings. The plan 91 shall include: 92 1. Existing on-campus general education courses and 93 baccalaureate degree programs that will be offered online. 94 2. New courses that will be developed and offered online. 95 3. Support services that will be offered to students 96 enrolled in online baccalaureate degree programs. 97 4. A tuition and fee structure that meets the requirements 98 in paragraph (k) for online courses, baccalaureate degree 99 programs, and student support services. 100 5. A timeline for offering, marketing, and enrolling 101 students in the online baccalaureate degree programs. 102 6. A budget for developing and marketing the online 103 baccalaureate degree programs. 104 7. Detailed strategies for ensuring the success of students 105 and the sustainability of the online baccalaureate degree 106 programs. 107 108 Upon recommendation of the plan by the advisory board and 109 approval by the Board of Governors, the Board of Governors shall 110 award the university $10 million in nonrecurring funds and $5 111 million in recurring funds for fiscal year 2013-2014 and $5 112 million annually thereafter, subject to appropriation in the 113 General Appropriations Act. 114 (g) Beginning in January 2014, the university shall offer 115 high-quality, fully online baccalaureate degree programs that: 116 1. Accept full-time, first-time-in-college students. 117 2. Have the same rigorous admissions criteria as equivalent 118 on-campus degree programs. 119 3. Offer curriculum of equivalent rigor to on-campus degree 120 programs. 121 4. Offer rolling enrollment or multiple opportunities for 122 enrollment throughout the year. 123 5. Do not require any on-campus courses. However, for 124 courses or programs that require clinical training or 125 laboratories that cannot be delivered online, the university 126 shall offer convenient locational options to the student, which 127 may include, but are not limited to, the option to complete such 128 requirements at a summer-in-residence on the university campus. 129 The university may provide a network of sites at convenient 130 locations and contract with commercial testing centers or 131 identify other secure testing services for the purpose of 132 proctoring assessments or testing. 133 6. Apply the university’s existing policy for accepting 134 credits for both freshman applicants and transfer applicants. 135 (h) The university may offer a fully online Master’s in 136 Business Administration degree program and other master’s degree 137 programs. 138 (i) The university may develop and offer degree programs 139 and courses that are competency based as appropriate for the 140 quality and success of the program. 141 (j) The university shall periodically expand its offering 142 of online baccalaureate degree programs to meet student and 143 market demands. 144 (k) The university shall establish a tuition structure for 145 its online institute in accordance with this paragraph, 146 notwithstanding any other provision of law. 147 1. For students classified as residents for tuition 148 purposes, tuition for an online baccalaureate degree program 149 shall be set at no more than 75 percent of the tuition rate as 150 specified in the General Appropriations Act pursuant to s. 151 1009.24(4) and 75 percent of the tuition differential pursuant 152 to s. 1009.24(16). No distance learning fee, fee for campus 153 facilities, or fee for on-campus services may be assessed, 154 except that online students shall pay the university’s 155 technology fee, financial aid fee, and Capital Improvement Trust 156 Fund fee. The revenues generated from the Capital Improvement 157 Trust Fund fee shall be dedicated to the university’s institute 158 for online learning. 159 2. For students classified as nonresidents for tuition 160 purposes, tuition may be set at market rates in accordance with 161 the business plan. 162 3. Tuition for an online degree program shall include all 163 costs associated with instruction, materials, and enrollment, 164 excluding costs associated with the provision of textbooks 165 pursuant to s. 1004.085 and physical laboratory supplies. 166 4. Subject to the limitations in subparagraph 1., tuition 167 may be differentiated by degree program as appropriate to the 168 instructional and other costs of the program in accordance with 169 the business plan. Pricing must incorporate innovative 170 approaches that incentivize persistence and completion, 171 including, but not limited to, a fee for assessment, a bundled 172 or all-inclusive rate, and sliding scale features. 173 5. The university must accept advance payment contracts and 174 student financial aid. 175 6. Fifty percent of the net revenues generated from the 176 online institute of the university shall be used to enhance and 177 enrich the online institute offerings, and 50 percent of the net 178 revenues generated from the online institute shall be used to 179 enhance and enrich the university’s campus state-of-the-art 180 research programs and facilities. 181 7. The institute may charge additional local user fees 182 pursuant to s. 1009.24(14) upon the approval of the Board of 183 Governors. 184 8. The institute shall submit a proposal to the president 185 of the university authorizing additional user fees for the 186 provision of voluntary student participation in activities and 187 additional student services. 188 Section 2. Paragraphs (f) and (o) of subsection (1) and 189 paragraph (a) of subsection (9) of section 1011.62, Florida 190 Statutes, are amended to read: 191 1011.62 Funds for operation of schools.—If the annual 192 allocation from the Florida Education Finance Program to each 193 district for operation of schools is not determined in the 194 annual appropriations act or the substantive bill implementing 195 the annual appropriations act, it shall be determined as 196 follows: 197 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 198 OPERATION.—The following procedure shall be followed in 199 determining the annual allocation to each district for 200 operation: 201 (f) Supplemental academic instruction; categorical fund.— 202 1. There is created a categorical fund to provide 203 supplemental academic instruction to students in kindergarten 204 through grade 12. This paragraph may be cited as the 205 “Supplemental Academic Instruction Categorical Fund.” 206 2. Categorical funds for supplemental academic instruction 207 shall be allocated annually to each school district in the 208 amount provided in the General Appropriations Act. These funds 209 shall be in addition to the funds appropriated on the basis of 210 FTE student membership in the Florida Education Finance Program 211 and shall be included in the total potential funds of each 212 district. These funds shall be used to provide supplemental 213 academic instruction to students enrolled in the K-12 program. 214 For the 2014-2015, 2015-2016, 2016-2017, and 2017-2018 fiscal 215 yearsyear, each school district that has one or more of the 300 216 lowest-performing elementary schools based on the state reading 217 assessment shall use these funds, together with the funds 218 provided in the district’s research-based reading instruction 219 allocation and other available funds, to provide an additional 220 hour of instruction beyond the normal school day for each day of 221 the entire school year, or provide the equivalent hours of 222 instruction in a summer program, for intensive reading 223 instruction for the students in each of these schools. In the 224 subsequent year, if a participating school is no longer 225 classified as one of the 300 lowest-performing elementary 226 schools, the school must continue to provide the additional hour 227 of instruction to all students who have Level 1 or Level 2 228 reading assessment scores. This additional hour of instruction 229 must be provided by teachers or reading specialists who are 230 effective in teaching reading or by a K-5 mentoring reading 231 program that is supervised by a teacher who is effective at 232 teaching reading. Students enrolled in these schools who have 233 level 5 assessment scores may participate in the additional hour 234 of instruction on an optional basis. Exceptional student 235 education centers shall not be included in the 300 schools. 236 After this requirement has been met, supplemental instruction 237 strategies may include, but are not limited to: modified 238 curriculum, reading instruction, after-school instruction, 239 tutoring, mentoring, class size reduction, extended school year, 240 intensive skills development in summer school, and other methods 241 for improving student achievement. Supplemental instruction may 242 be provided to a student in any manner and at any time during or 243 beyond the regular 180-day term identified by the school as 244 being the most effective and efficient way to best help that 245 student progress from grade to grade and to graduate. 246 3. Effective with the 1999-2000 fiscal year, funding on the 247 basis of FTE membership beyond the 180-day regular term shall be 248 provided in the FEFP only for students enrolled in juvenile 249 justice education programs or in education programs for 250 juveniles placed in secure facilities or programs under s. 251 985.19. Funding for instruction beyond the regular 180-day 252 school year for all other K-12 students shall be provided 253 through the supplemental academic instruction categorical fund 254 and other state, federal, and local fund sources with ample 255 flexibility for schools to provide supplemental instruction to 256 assist students in progressing from grade to grade and 257 graduating. 258 4. The Florida State University School, as a lab school, is 259 authorized to expend from its FEFP or Lottery Enhancement Trust 260 Fund allocation the cost to the student of remediation in 261 reading, writing, or mathematics for any graduate who requires 262 remediation at a postsecondary educational institution. 263 5. Beginning in the 1999-2000 school year, dropout 264 prevention programs as defined in ss. 1003.52, 1003.53(1)(a), 265 (b), and (c), and 1003.54 shall be included in group 1 programs 266 under subparagraph (d)3. 267 (o) Calculation of additional full-time equivalent 268 membership based on successful completion of a career-themed 269 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or 270 courses with embedded CAPE industry certifications or CAPE 271 Digital Tool certificates, and issuance of industry 272 certification identified on the CAPE Industry Certification 273 Funding List pursuant to rules adopted by the State Board of 274 Education or CAPE Digital Tool certificates pursuant to s. 275 1003.4203.— 276 1.a. A value of 0.025 full-time equivalent student 277 membership shall be calculated for CAPE Digital Tool 278 certificates earned by students in elementary and middle school 279 grades. 280 b. A value of 0.1 or 0.2 full-time equivalent student 281 membership shall be calculated for each student who completes a 282 course as defined in s. 1003.493(1)(b) or courses with embedded 283 CAPE industry certifications and who is issued an industry 284 certification identified annually on the CAPE Industry 285 Certification Funding List approved under rules adopted by the 286 State Board of Education. A value of 0.2 full-time equivalent 287 membership shall be calculated for each student who is issued a 288 CAPE industry certification that has a statewide articulation 289 agreement for college credit approved by the State Board of 290 Education. For CAPE industry certifications that do not 291 articulate for college credit, the Department of Education shall 292 assign a full-time equivalent value of 0.1 for each 293 certification. Middle grades students who earn additional FTE 294 membership for a CAPE Digital Tool certificate pursuant to sub 295 subparagraph a. may not use the previously funded examination to 296 satisfy the requirements for earning an industry certification 297 under this sub-subparagraph. Additional FTE membership for an 298 elementary or middle grades student shall not exceed 0.1 for 299 certificates or certifications earned within the same fiscal 300 year. The State Board of Education shall include the assigned 301 values on the CAPE Industry Certification Funding List under 302 rules adopted by the state board. Such value shall be added to 303 the total full-time equivalent student membership for grades 6 304 through 12 in the subsequent year for courses that were not 305 provided through dual enrollment. CAPE industry certifications 306 earned through dual enrollment must be reported and funded 307 pursuant to s. 1011.80. 308 c. A value of 0.3 full-time equivalent student membership 309 shall be calculated for student completion of the courses and 310 the embedded certifications identified on the CAPE Industry 311 Certification Funding List and approved by the commissioner 312 pursuant to ss. 1003.4203(5)(a) and 1008.44. 313 d. A value of 0.5 full-time equivalent student membership 314 shall be calculated for CAPE Acceleration Industry 315 Certifications that articulate for 15 to 29 college credit 316 hours, and 1.0 full-time equivalent student membership shall be 317 calculated for CAPE Acceleration Industry Certifications that 318 articulate for 30 or more college credit hours pursuant to CAPE 319 Acceleration Industry Certifications approved by the 320 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44. 321 2. Each district must allocate at least 80 percent of the 322 funds provided for CAPE industry certification, in accordance 323 with this paragraph, to the program that generated the funds. 324 This allocation may not be used to supplant funds provided for 325 basic operation of the program. 326 3. For CAPE industry certifications earned in the 2013-2014 327 school year and in subsequent years, the school district shall 328 distribute to each classroom teacher who provided direct 329 instruction toward the attainment of a CAPE industry 330 certification that qualified for additional full-time equivalent 331 membership under subparagraph 1.: 332 a. A bonus in the amount of $25 for each student taught by 333 a teacher who provided instruction in a course that led to the 334 attainment of a CAPE industry certification on the CAPE Industry 335 Certification Funding List with a weight of 0.1. 336 b. A bonus in the amount of $50 for each student taught by 337 a teacher who provided instruction in a course that led to the 338 attainment of a CAPE industry certification on the CAPE Industry 339 Certification Funding List with a weight of 0.2, 0.3, 0.5, and3401.0. 341 c. A bonus in the amount of $75 for each student taught by 342 a teacher who provided instruction in a course that led to the 343 attainment of a CAPE industry certification on the CAPE Industry 344 Certification Funding List with a weight of 0.3. 345 d. A bonus in the amount of $100 for each student taught by 346 a teacher who provided instruction in a course that led to the 347 attainment of a CAPE industry certification on the CAPE Industry 348 Certification Funding List with a weight of 0.5 or 1.0. 349 350 Bonuses awarded pursuant to this paragraph shall be provided to 351 teachers who are employed by the district in the year in which 352 the additional FTE membership calculation is included in the 353 calculation. Bonuses shall be calculated based upon the 354 associated weight of a CAPE industry certification on the CAPE 355 Industry Certification Funding List for the year in which the 356 certification is earned by the student. Any bonus awarded to a 357 teacher under sub-subparagraph 3.a. or sub-subparagraph 3.b. 358this paragraphmay not exceed $2,000 in any given school year, 359 and a bonus awarded to a teacher under sub-subparagraph 3.c. or 360 sub-subparagraph 3.d. may not exceed $4,000 in a given school 361 year. The maximum bonus that may be awarded to a teacher under 362 this paragraph is $4,000. This bonusandis in addition to any 363 regular wage or other bonus the teacher received or is scheduled 364 to receive. 365 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.— 366 (a) The research-based reading instruction allocation is 367 created to provide comprehensive reading instruction to students 368 in kindergarten through grade 12. For the 2014-2015, 2015-2016, 369 2016-2017, and 2017-2018 fiscal yearsyear, in each school 370 district that has one or more of the 300 lowest-performing 371 elementary schools based on the state reading assessment, 372 priority shall be given to providing an additional hour per day 373 of intensive reading instruction beyond the normal school day 374 for each day of the entire school year, or provide the 375 equivalent hours of instruction in a summer program, for the 376 students in each school. In the subsequent year, if a 377 participating school is no longer classified as one of the 300 378 lowest-performing elementary schools, the school must continue 379 to provide the additional hour of instruction to all students 380 who have Level 1 or Level 2 reading assessment scores. Students 381 enrolled in these schools who have level 5 assessment scores may 382 participate in the additional hour of instruction on an optional 383 basis. Exceptional student education centers shall not be 384 included in the 300 schools. The intensive reading instruction 385 delivered in this additional hour and for other students shall 386 include: research-based reading instruction that has been proven 387 to accelerate progress of students exhibiting a reading 388 deficiency; differentiated instruction based on student 389 assessment data to meet students’ specific reading needs; 390 explicit and systematic reading development in phonemic 391 awareness, phonics, fluency, vocabulary, and comprehension, with 392 more extensive opportunities for guided practice, error 393 correction, and feedback; and the integration of social studies, 394 science, and mathematics-text reading, text discussion, and 395 writing in response to reading.For the 2012-2013 and 2013-2014396fiscal years, a school district may not hire more reading397coaches than were hired during the 2011-2012 fiscal year unless398all students in kindergarten through grade 5 who demonstrate a399reading deficiency, as determined by district and state400assessments, including students scoring Level 1 or Level 2 on401the statewide, standardized reading assessment or, upon402implementation, the English Language Arts assessment, are403provided an additional hour per day of intensive reading404instruction beyond the normal school day for each day of the405entire school year.406 Section 3. (1) State performance funds for the State 407 University System shall be based on indicators of institutional 408 attainment of performance metrics adopted by the Board of 409 Governors. The performance-based funding metrics include, but 410 are not limited to, metrics that measure graduation and 411 retention rates; degree production; affordability; 412 postgraduation employment, salaries, or further education; 413 student loan default rates; access; and any other metrics 414 approved by the board. 415 (2) The Board of Governors shall evaluate the institutions’ 416 performance on the metrics based on benchmarks adopted by the 417 board which measure the achievement of institutional excellence 418 or improvement. Each fiscal year, the amount of funds available 419 for allocation to the institutions based upon the performance 420 funding model consists of new funding, plus an amount of funds 421 to be redistributed from the base funding for the State 422 University System, as determined in the General Appropriations 423 Act. Base funding shall be restored for all institutions 424 eligible for new funding under the performance funding model. 425 Any institution that fails to meet the board’s minimum 426 performance funding threshold will have a portion of its base 427 funding withheld and must submit an improvement plan to the 428 board that specifies the activities and strategies for improving 429 the institution’s performance. 430 (3) The Board of Governors must review the improvement 431 plan, and if it approves the plan, monitor the institution’s 432 progress on implementing the activities and strategies. 433 (4) The Chancellor of the State University System shall 434 withhold disbursement of the base funds until such time as the 435 monitoring report for the institution is approved by the Board 436 of Governors. Any institution that fails to make satisfactory 437 progress will not have its full base funding restored. If all 438 funds are not restored, any remaining funds shall be 439 redistributed in accordance with the board’s performance funding 440 model. 441 (5) By October 1 of each year, the Board of Governors shall 442 submit to the Governor, the President of the Senate, and the 443 Speaker of the House of Representatives a report on the previous 444 year’s performance funding allocation which reflects the 445 rankings and award distributions. 446 (6) The Board of Governors shall adopt a regulation to 447 implement this section. 448 Section 4. (1) State performance funds for the Florida 449 College System shall be based on indicators of institutional 450 attainment of performance metrics adopted by the State Board of 451 Education. The performance-based funding metrics include, but 452 are not limited to, metrics that measure retention; program 453 completion and graduation rates; student loan default rates; job 454 placement; post-graduation employment, salaries, or further 455 education; and any other metrics approved by the board. 456 (2) The State Board of Education shall evaluate the 457 institutions’ performance on the metrics based on benchmarks 458 adopted by the board which measure the achievement of 459 institutional excellence or improvement. Each fiscal year, the 460 amount of funds available for allocation to the institutions 461 based upon the performance funding model consists of new funding 462 plus an amount of funds to be redistributed from the base 463 funding for the Florida College System Program Fund, as 464 determined in the General Appropriations Act. Funding shall be 465 restored for all institutions eligible for new funding under the 466 performance funding model. Any institution that fails to meet 467 the board’s minimum performance funding threshold will have a 468 portion of its base funding withheld and must submit an 469 improvement plan to the board that specifies the activities and 470 strategies for improving the institution’s performance. 471 (3) The State Board of Education must review the 472 improvement plan, and if it approves the plan, monitor the 473 institution’s progress on implementing the specified activities 474 and strategies. 475 (4) The Commissioner of Education shall withhold 476 disbursement of the base funds until such time as the monitoring 477 report for the institution is approved by the State Board of 478 Education. Any institution that fails to make satisfactory 479 progress will not have its full base funding restored. If all 480 funds are not restored, any remaining funds shall be 481 redistributed in accordance with the board’s performance funding 482 model. 483 (5) By October 1 of each year, the State Board of Education 484 shall submit to the Governor, the President of the Senate, and 485 the Speaker of the House of Representatives a report on the 486 previous year’s performance funding allocation which reflects 487 the rankings and award distributions. 488 (6) The State Board of Education shall adopt rules to 489 implement this section. 490 Section 5. This act shall take effect July 1, 2015.