The purpose of this rule amendment is to update components of the Florida College System (FCS) baccalaureate approval and accountability processes. The effect is incorporating revised requirements and forms for the notice of intent, program proposal ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-14.095Site Determined Baccalaureate Access

PURPOSE AND EFFECT: The purpose of this rule amendment is to update components of the Florida College System (FCS) baccalaureate approval and accountability processes. The effect is incorporating revised requirements and forms for the notice of intent, program proposal and annual accountability report.

SUMMARY: The proposed rulemaking is intended to increase the rigor and transparency of the FCS baccalaureate approval process. Section 1007.33, F. S., outlines the requirements for FCS institutions to seek State Board of Education approval to offer new baccalaureate programs, and this rule further defines the approval process. Proposed revisions include the incorporation of a new notice of intent form, as well as new forms and procedures to replace the program proposal and annual accountability report forms currently incorporated in the rule. The revised language also removes the requirement that FCS institutions submit an application for State Board of Education approval to add or modify concentrations related to a previously approved baccalaureate program.

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: No requirement for a SERC is triggered under Section 120.541(1), F.S. and the changes reflected in the proposed rule are expected to have no economic impact. The revised requirements and forms incorporated in this rule replace procedures and forms in use prior to this rule revision and there is no cost associated with these revisions.

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, 1007.33(6) FS.

LAW IMPLEMENTED: 1007.33 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 23, 2015, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, FL 33607.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Julie Alexander, Associate Vice Chancellor for Academic and Student Affairs, Division of Florida Colleges, Florida Department of Education, 325 West Gaines Street, Tallahassee, FL, 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-14.095 Site Determined Baccalaureate Access.

(1) Purpose. This rule implements a uniform submission, approval and compliance process for new baccalaureate degree programs proposed and offered by Florida College System institutions, in accordance with Section 1007.33, F.S.

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

(a) “Academic Program Pre-Proposal Recognition System” or “APPRiSe” is a web-based notification system used by the Florida College System and the State University System to provide advance notice to both systems of plans to develop a new baccalaureate degree program “College” means an institution within The Florida College System.

(b) “Board of trustees” means a Florida College System institution board of trustees “SACS” means the Southern Association of Colleges and Schools Commission on Colleges.

(c) “CIP to SOC Crosswalk” means the coding system developed by the U.S. Department of Education’s National Center for Education Statistics that links instructional programs to occupations. A CIP to SOC relationship indicates that programs classified in the CIP code category prepare individuals for jobs classified in the Standard Occupational Classification category or “SOC.” The crosswalk is located at https://nces.ed.gov/ipeds/cipcode/resources.aspx?y=55 “Division” means the Division of Florida Colleges.

(d) “Classification of Instructional Programs” or “CIP code” refers to the taxonomic scheme developed by the U.S. Department of Education’s National Center for Education Statistics and located at http://nces.ed.gov/ipeds/cipcode/Default.aspx?y=55 “Board of trustees” means a Florida College System institution board of trustees.

(e) “College” means an institution within the Florida College System.

(f) “Common Prerequisites Manual,” pursuant to Section 1007.25(5), F.S., means courses and course substitutions required for each baccalaureate degree program found in Florida’s public universities and colleges. The manual is found at https://www.flvc.org/partner-portal/common-prerequisite-manual. 

(g) “Completed proposal” means a college’s final submission of a baccalaureate program proposal to the Division for consideration by the State Board of Education.

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

(i) “Initial proposal” means a college’s first submission of a baccalaureate program proposal to the Division for review.

(j) “Integrated Postsecondary Education Data System” means that portion of the information center created and maintained by the U.S. Department of Education’s National Center for Education Statistics, created pursuant to 20 U.S.C. § 9541,  that collects and analyzes data related to postsecondary education.  The system is found at http://nces.ed.gov/ipeds/datacenter.

(k) “SACSSOC” means the Southern Association of Colleges and Schools Commission on Colleges.

(l) “STEM” means science, technology, engineering or mathematics.

(m) “Service district” means the geographical area served by a college identified in Section 1000.21, F.S.

(n) “Statewide Articulation Agreement” means the agreement provided for in Rule 6A-10.024, F.A.C.

(3) Notice Letter of intent. The following requirements shall apply to the letter of intent that is required Ppursuant to Section 1007.33(5)(a), F.S., a college seeking consideration of approval by the State Board of Education for a new baccalaureate degree proposal must complete and submit the Notice of Intent, Form No. BACC-01 (insert link) which is hereby incorporated by reference in this rule effective ______ 2015. A copy of the form may be found at http://fldoe.org/schools/higher-ed/fl-college-system/baccalaureate-degree-proposal-process.stml or by writing to the Division at 325 West Gaines Street, Suite 1544, Tallahassee, Florida, 32399.

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

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. Key skills expected of graduates;

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

6. 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. Expected term and year of the first upper division enrollment in the proposed program; and,

9. A description of funds available for program startup costs, including promised support from local businesses and industries.

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

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

(4) Proposals for a baccalaureate degree 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 BAAC-01 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01597), which is hereby incorporated by reference in this rule to become effective September 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.

(4)(5) Alternative proposals and objections by a Florida state university or regionally accredited private college or university. Alternative proposals must be submitted to the Chancellor of the Florida College System and must address all criteria specified in Section 1007.33(5)(c), F.S., and 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. State universities have sixty (60) days following the receipt of the notice letter of iIntent to submit alternative proposals and objections. Subsequent to the sixty (60) day submission window for state universities, regionally accredited private colleges have thirty (30) days to submit alternative proposals and objections.

(5) Proposals for a baccalaureate degree. A college seeking consideration of approval by the State Board of Education for a new baccalaureate degree proposal must complete and submit the Baccalaureate Proposal Application, Form No. BAAC-02 (insert link) which is hereby incorporated by reference in this rule effective ______2015. A copy of the form may be found at http://fldoe.org/schools/higher-ed/fl-college-system/baccalaureate-degree-proposal-process.stml or by writing to the Division at 325 West Gaines Street, Suite 1544, Tallahassee, Florida 32399.

(6) Proposal Review/Approval Process.

(a) Upon receipt of an initial a proposal, the Division shall review the proposal to determine compliance with criteria in Section 1007.33(5)(d), F.S., and other information requested on the Baccalaureate Proposal Application form. 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 general education courses, common prerequisites and other degree requirements as outlined in Section 1007.25, F.S.

(b) Based on the review of the initial proposal, the Division shall notify the college of any deficiencies. The college shall be required to submit a revised, completed proposal application, which addresses deficiencies identified by the Division, in order to proceed with the request to offer the baccalaureate degree program.

(c)(b) Unless the proposal is withdrawn by the college, tThe Division shall forward the completed final proposal application, including all related documentation, 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 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01597), which is hereby incorporated by reference in this rule to become effective September 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.

(6)(8) Baccalaureate accountability process. Each college with one (1) or more baccalaureate programs shall annually submit a Baccalaureate Accountability Report, BAAC-03, for each baccalaureate degree program. The timely submission of an annual baccalaureate performance accountability report as prescribed in Section 1007.33(5)(h), F.S., and referenced as a compliance review in the format prescribed by the Division. The template, Annual Baccalaureate Performance Accountability Report, Form No. Template, BAAC-03 (http://www.flrules.org/Gateway/reference.asp?No=Ref- 01597), effective_______ 2015 September 2012, is hereby incorporated by reference and may be accessed at http://fldoe.org/schools/higher-ed/fl-college-system/baccalaureate-degree-proposal-process.stml 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. Annually, the Division shall notify the colleges of the due date for Baccalaureate Accountability Reports at least sixty (60) days prior to the due date.

Rulemaking Authority 1001.02, 1007.33(6) FS. Law Implemented 1007.33, 1008.32 FS. History–New 8-8-10, Amended 9-16-12,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Mullin, Executive Vice Chancellor, Florida College System.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 26, 2015