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Florida Administrative Code (Last Updated: April 18, 2024) |
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6. Department of Education |
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6A. State Board of Education |
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6A-10. Miscellaneous |
1(1) Purpose. The authorization for the State Board to contract with independent postsecondary education institutions for the provision of those educational programs and facilities which will meet needs unfulfilled by the state system of postsecondary education is based upon the principles of efficiency, effectiveness, and economy. The State Board may contract for a program or for the use of an existing facility if it can be demonstrated that the state needs for the program or facility may be met at lower cost or more effectively through contracting. In all cases, the program or facility obtained through contract must be of equal quality as similar programs and facilities in the state system of postsecondary education.
115(2) Conditions for contract programs.
120(a) Financial limitation. The state subsidy for any contract program shall be determined on an individual contract basis. 138Florida 139students enrolled in contract programs shall be required to pay no more in tuition and laboratory fees than is charged in comparable programs in state institutions. No cost overruns shall be recognized in the case of contract programs.
177(b) Accreditation. Any institution proposing a contract program shall be accredited as provided by Section 229.053(2)(o), F.S.
194(c) Enrollment limit. There shall be a maximum enrollment specified in the contract and certified by the contract institution during the term of the contract. If enrollment in a contract program falls below the maximum enrollment specified, the state subsidy shall be reduced proportionally during the contract period based on the actual enrollment in the program. State support shall be limited to those students enrolled in the contract program who have been bona fide 268Florida 269residents for the preceding year. Residency status shall be the same as the residency requirement established by the Board of Regents for students enrolled in the State University System. (See Rule 3006C-7.005, 301F.A.C.)
302(d) Extension. Contracts shall be subject to annual appropriation of funds by the Florida Legislature. The provisions of Chapter 216, F.S., related to executive reduction of budgets shall apply. The State Board, subject to the appropriation of adequate funds by the Florida Legislature and the recommendation of the Postsecondary Education Planning Commission as specified in paragraph (3)(e) hereof, shall provide each student once admitted into a contract program sufficient time to complete the program in full-time status.
379(3) Review process.
382(a) Any proposed contract program shall be presented to the Postsecondary Education Planning Commission for review and recommendation to the State Board. In conducting its review the Commission shall consider the following:
4141. Unmet needs to be addressed by the contract program;
4242. Evidence of adequate resources of the contracting institution;
4333. Demand for graduates from the contract program;
4414. Any specialized accreditation held by the contract program, if appropriate;
4525. The state subsidy for the contract program. In determining the state subsidy for any contract program, the following items shall be considered:
475a. The state operating costs for comparable programs;
483b. Additional state fixed capital outlay costs or start-up costs necessitated by expansion or creation of state programs;
501c. Qualitative differences between programs;
506d. Price level adjustments for contract renewals.
5136. The capability of state institutions located nearest the potential contractor to furnish all or part of the program;
5327. Consistency of the program with the state master plan for postsecondary education; and
5468. The Impact Study required by the State Plan for the Equalization of Educational Opportunity.
561(b) The Department, other institutions, postsecondary licensing and governing boards and other appropriate external consultants may be involved in assisting the Commission in making a determination as to program quality and need.
593(c) Based on the recommendation of the Commission, prior to contracting for a program, the Department shall include the contract program in its legislative budget request as a separate, identifiable item, subject to approval by the State Board.
631(d) Each contract program shall be administered by the Department and shall be subject to periodic review by the Department in cooperation with the Postsecondary Education Planning Commission. In addition to the items specified in paragraph (3)(a) above, the review shall consider the ratio of students enrolled under the contract to the number of graduates produced.
687(e) The Commission shall provide the State Board with a recommendation on the annual renewal of each contract.
705Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(2)(o), 240.147(3) FS. History–New 4-18-82, Formerly 6A-10.32, Amended 10-18-94, 3-3-97.
