The purpose of the new rule is to provide an outline of procedures and documents required for approval of new baccalaureate degree programs and authorized exemptions for Florida College System institutions. The effect is a rule to implement current ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-14.095: Site Determined Baccalaureate Degree Access
PURPOSE AND EFFECT: The purpose of the new rule is to provide an outline of procedures and documents required for approval of new baccalaureate degree programs and authorized exemptions for Florida College System institutions. The effect is a rule to implement current statutes relating to baccalaureate degree access.
SUMMARY: This rule outlines approval procedures for new Baccalaureate Programs for colleges within the Florida College System. The rule also provides guidelines for the transfer of authority for approval of new programs from the State Board of Education to the local college Board of Trustees in certain circumstances as authorized in Section 1007.33, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1001.02, 1007.25, 1007.33(7) FS.
LAW IMPLEMENTED: 1007.25, 1007.33, 1008.32(1) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 15, 2010, 9:00 a.m.
PLACE: Orange County School Board, 445 West Amelia Street, Orlando, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Patricia Frohe, Director of Postsecondary Academic Programs, [phone], [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-14.095 Site Determined Baccalaureate Access.

(1) Purpose. This rule implements a uniform approval process for new baccalaureate degree programs proposed by Florida colleges, in accordance with Section 1007.33, F.S.

(2) Definitions. For the purposes of this rule, the following definitions shall be used.

(a) “Florida colleges” means institutions within The Florida College System.

(b) “SACS” means the Southern Association of Colleges and Schools Commission on Colleges.

(c) “Division” means the Division of Florida Colleges.

(3) Letter of intent. The following requirements shall apply to the Letter of Intent that is required pursuant to Section 1007.33(5)(a), F.S.

(a) The description of the program shall include:

1. The name of the program;

2. The type of degree to be conferred under the program;

3. Key skills expected of graduates; and

4. A description of the career path or potential employment opportunities for graduates of the program.

(b) The letter of intent shall include a summary of discussions with the state university in the Florida college’s service district and other public and nonpublic postsecondary institutions in the region regarding evidence of need, demand, and economic impact.

(c) The letter of intent shall include the expected term and year of the first term of upper division enrollment in the proposed program.

(d) The letter of intent shall include a description of funds available for program startup costs, including promised support from local businesses and industries.

(4) Proposals by Florida colleges. Florida colleges seeking consideration of approval by the State Board of Education for a new baccalaureate degree proposal must complete and submit the Baccalaureate Proposal Approval Application, which is hereby incorporated by reference in this rule to become effective July 2010. A copy of the form may be found at http://www.fldoe.org/cc/students/bach_degree.asp, or by writing to the Division at 325 West Gaines Street, Suite 1544, Tallahassee, Florida 32399.

(5) Alternative proposals by a Florida state university or regionally accredited private college or university. Alternative proposals must be submitted electronically by email to the Chancellor of the Florida College System at [e-mail] and must address all criteria specified in Section 1007.33(5)(c), F.S., and specifically include:

(a) A description of a proposed partnership agreement with the Florida college submitting the proposed baccalaureate program that includes joint approval of the curriculum.

(b) A calculation of the total tuition and fees for a student starting as a first-time, freshman student in the program and a total for completing the program as an upper division transfer student.

(6) Review / Approval Process.

(a) Upon receipt of a Florida college proposal, the Division shall review the proposal to determine compliance with criteria in Section 1007.33(5)(d), F.S. The proposal shall include:

1. Evidence of collaboration via internal and external planning processes or meetings that include need, demand, regional capacity, and impact discussions with postsecondary institutions in proximity to the college.

2. An analysis of data and a description of the employment gap between the number of job openings and the number of graduates in the discipline area in that service region, which demonstrate demand and unmet need for graduates of the program.

3. A description of both existing and planned facilities, equipment, library/media, and academic resources needed for the program demonstrating physical capacity to support the program.

4. An enrollment projection and funding requirements for the program, including start-up costs, required faculty salaries, library resources, facility renovations/remodeling, and other anticipated operational costs to develop and maintain the program over a four-year period. Supplemental funding from outside sources should be included in a budget plan within the proposal.

5. The program curriculum, including course numbers and titles, credit hours and established or proposed common course prerequisites demonstrating comprehensive academic content and adherence to requirements adopted pursuant to Section 1007.25, F.S.

(b) Absent deficiencies, upon notification of completed review, the Florida college may submit a revised proposal to replace the original or notify the Division that the original proposal is final.

(c) The Division shall forward the final proposal to the Commissioner of Education with a written analysis, which the Commissioner shall consider in his recommendation to the State Board of Education.

(7) Exemption from State Board of Education Approval. A Florida college board of trustees may submit an exemption request to the Division on or before July 1 of the year in which the college desires to be considered for an exemption. In the event that July 1 falls on a weekend or state holiday, the deadline shall move to the following business day.

(a) The exemption request must be submitted in the Application for Exemption from Baccalaureate Proposal Approval, which is hereby incorporated by reference in this rule to become effective July 2010, and may be accessed at http://www.fldoe.org/cc/students/bach_degree.asp, or by writing to the Division at 325 West Gaines Street, Suite 1544, Tallahassee, Florida 32399. The application must, at a minimum, include the following documentation:

1. The Florida college shall provide the Division with a copy of the SACS letter reflecting the date on which it was approved as a baccalaureate-degree-granting institution.

2. The Florida college shall demonstrate maintenance of qualified faculty and institutional resources upon the submission of:

a. A certification statement by the Florida college board of trustees that all faculty members meet Southern Association of Colleges and Schools Commission on Colleges’ Principles of Accreditation: Foundations for Quality Enhancement, 2010 Edition, section 3.7.1, for postsecondary instructors in the course and discipline, which is hereby incorporated by reference. The document may be accessed at http://www.sacscoc.org/pdf/2010principlesofacreditation.pdf;

b. A certification statement by the Florida college board of trustees that financial resources are available to support faculty and other instructional resources such as libraries or support services.

3. The Division shall verify upper division enrollment based on an annual enrollment report that shall include:

a. An unduplicated upper division student headcount and enrolled semester hours.

b. An unduplicated upper division student enrollment headcount disaggregated by age, gender, and ethnicity.

4. The college shall provide evidence indicating the absence and/or correction of compliance or financial audit findings related to its baccalaureate programs for the 3 years immediately preceding the exemption request. The review process for audit findings shall be in accordance with the Division of Florida College’s Procedures for Reviewing Audit Reports, as authorized in Section 1008.32(1), F.S., which are hereby incorporated by reference. These procedures may be accessed at http://www.fldoe.org/CC/policy/cc_gpm2.asp#audit.

5. The Florida college shall provide a copy of the relevant sections of the board of trustees policies and procedures for review, demonstrating compliance with the requirements of Sections 1007.33(2)(a) and (3), F.S.

6. The timely submission of an annual baccalaureate performance accountability report in the format prescribed by the Division, which is hereby incorporated by reference and may be accessed at http://www.fldoe.org/cc/students/bach_degree.asp, or by writing to the Division at 325 West Gaines Street, Suite 1544, Tallahassee, Florida 32399. The report shall include, at a minimum, retention and success rates, degree completion rates, and rates showing employment and/or enrollment in a graduate program of study.

a. Reports shall be considered timely if the Division has received a report for the most recent prior year on or before August 15.

b. Additional evidence of baccalaureate degree success may be included in the exemption application.

(8) Exempt Florida College Compliance Review. For compliance review of a new baccalaureate program approved by a Florida college board of trustees the college must submit to the Division:

(a) The name of the program and degree type;

(b) The Classification of Instructional Program (CIP) code assigned;

(c) The full upper division curriculum, including common-prerequisites and, if applicable, limited access request;

(d) A copy of the SACS letter reflecting the date on which it was approved as a baccalaureate-degree-granting institution.; and

(e) The expected implementation date.

(9) Compliance Review Feedback. Within thirty (30) days of receipt of a Florida college’s completed baccalaureate program Compliance Review, the Chancellor of the Florida College System shall advise the President of the college, and the Commissioner of Education, in writing, if the criteria for implementation in Sections 1007.33(5)(d) and (6)(c), F.S., and subsection (8) of this rule have been met. If all criteria have not been met, a program may be resubmitted to the Division of Florida Colleges following correction of deficiencies for compliance review, or may be submitted to the State Board of Education for approval.

Rulemaking Authority 1001.02, 1007.25, 1007.33(7) FS. Law Implemented 1007.25, 1007.33, 1008.32(1) FS. History–New ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Will Holcombe, Chancellor, Florida College System
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 12, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 12, 2010