The purpose and effect of the rule change is to align the rule with changes made in the 2011 Legislative Session to Section 1007.33, Florida Statutes, which eliminates the opportunity for Florida College System institutions to apply for exemption ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-14.095: Site Determined Baccalaureate Access
PURPOSE AND EFFECT: The purpose and effect of the rule change is to align the rule with changes made in the 2011 Legislative Session to Section 1007.33, Florida Statutes, which eliminates the opportunity for Florida College System institutions to apply for exemption status from the State Board of Education approval process for new baccalaureate programs. The proposed rule amendment will also clarify ambiguous language within the current rule and specify certain parameters and requirements in the baccalaureate program approval process, including the addition or modification of baccalaureate degree concentrations. Additionally, the rule amendment will limit the permissible time elapsed between a college’s submission of a letter of intent and the submission of the initial proposal to the Division of Florida Colleges for a new baccalaureate program.
SUMMARY: This amendment aligns the rule with Section 1007.33, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and; 2) based on past experiences with the Site Determined Baccalaureate Access rule and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
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.
RULEMAKING 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: July 17, 2012, 8:00 a.m.
PLACE: Broward College, Fort Lauderdale, FL 33301
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Abbey Cunningham, Coordinator of Baccalaureates and Common Prerequisites, Division of Florida Colleges, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida, [phone]

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 College System institutions 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 Ccolleges” means an 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.

(d) “Board of trustees” means a Florida College System institution board of trustees.

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

(a) The required components of the letter of intent, as approved by the board of trustees, are description of the program shall include:

1. The name of the program;

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

3. A brief description of the program;

4.3. Key skills expected of graduates; and

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

6.(b) A 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;.

7. The workforce demand and unmet need for graduates of the program to include evidence from entities independent of the institution;

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

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

(b) The letter of intent will remain valid for two (2) years from its receipt by the Division.

(c) If the complete proposal is not received within two (2) years of receipt of the letter of intent, the college must submit a new letter of intent to the Division, to be subject to the same procedures as outlined in Section 1007.33(5)(a)-(b), F.S., before an initial degree proposal may be submitted to the Division.

(4) Proposals for a baccalaureate degree by Florida colleges. Florida Ccolleges 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 BAAC-01, 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 and objections 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 additionally specifically include a calculation of the total tuition and fees for a student starting as a first-time, freshman student in the program and a calculation of the total tuition and fees for completing the last two (2) years of the program. Both calculations must be based on the total hours required for the baccalaureate degree. A state university or regionally accredited private college or university may also submit an objection to a proposed new program to the Division, pursuant to Section 1007.33(5)(b), F.S.:

(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) Proposal 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 also 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 regional 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.

(b)(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) Adding or modifying concentration(s) to an existing baccalaureate degree program. A college seeking approval by the State Board of Education to add or modify a concentration to an existing baccalaureate degree program must submit the Application to Add or Modify Concentration(s) to an Existing Baccalaureate Degree Program, Form BAAC-02, which is hereby incorporated by reference in this rule to become effective August 2012. 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.

(a) The application may be submitted to the Division at any time following approval of the program by the State Board of Education and shall include:

1. A description of the approved program and any existing concentrations, including the degree type and program title;

2. The internal and external planning process;

3. Workforce need and demand; and

4. Academic content of the proposed concentration(s) or the proposed modification(s).

(b) The Division shall forward the application 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 BAAC-02, 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, 4/98, 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), (3), F.S.

6. The timely submission of an annual baccalaureate performance accountability report in the format prescribed by the Division. The template, Annual Baccalaureate Performance Accountability Report Template, BAAC-03 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.

(b) A college’s exemption status may be revoked by the State Board of Education should a college fail to submit an annual baccalaureate performance accountability report or fail to continue to meet the statutory requirements for initial exemption.

(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), (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 8-8-10, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Randy Hanna, Chancellor, Division of Florida Colleges
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 8, 2012