HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: CS/HB 7051 PCB PEL 22-01 Postsecondary Education SPONSOR(S): Education & Employment Committee, Post-Secondary Education & Lifelong Learning Subcommittee, Mariano TIED BILLS: IDEN./SIM. BILLS: SB 7044 REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF Orig. Comm.: Post-Secondary Education & 11 Y, 6 N Kiner Kiner Lifelong Learning Subcommittee 1) Education & Employment Committee 15 Y, 6 N, As CS Kiner Hassell SUMMARY ANALYSIS The bill contains measures related to postsecondary education affordability, informed consumer choice, transparency, articulation and transfer of credit, and accreditation. Specifically, the bill: Subjects any Florida College System institution or state university proposal or action to increase a fee, authorized by law, to a supermajority vote. Requires each Florida College System institution and state university to prominently post all tuition and fees, as well as any proposed changes, to their respective websites in an area that is transparent and easily accessible. The bill requires this information also be emailed to all enrolled students and increases transparency by revising the requirements of the notification to all enrolled students . Requires lists of required and recommended textbooks and instructional materials be posted at least 45 days before the first day of class for each term to: o Remain posted for at least four academic years. o Be searchable by the academic term, department, course number, course section, the name of the instructor and International Standard Book Number (ISBN). o Be easily printed or downloadable by current and prospective students for their registered courses or search results. Requires postsecondary institutions participating in the statewide course numbering system to accept and apply general education courses and credit, including credit earned through dual enrollm ent, course equivalences, and other acceleration mechanisms, as first satisfying general education core course credit requirements and other general education subject area course credit requirements before applying the course credit as elective credit. By July 1, 2022, the bill requires the Board of Governors, for state universities, and the State Board of Education, for Florida College System institutions, to identify and make a determination of the best accrediting agencies or associations that are best suited to, respectively, serve as an accreditor for state universities and Florida College System institutions. Prohibits a state college or state university from being accredited by the same accrediting agency or association for consecutive accreditation cycles and requires state colleges and state universities to seek and obtain accreditation from an accrediting agency or association identified by the Board of Governors or State Board of Education, respectively. Provides a cause of action against an accrediting agency or association by a postsecondary education institution that has been negatively impacted by retaliatory action taken against the postsecondary education institution by an accrediting agency or association. The bill may have an indeterminate fiscal impact on state government. The effective date of the bill is July 1, 2022, except for Section 3, which is effective upon becoming a law. This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives . STORAGE NAME: h7051a.EEC DATE: 3/1/2022 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Textbooks and Instructional Materials Transparency Current Situation Current law establishes requirements regarding the textbook and instructional materials 1 adoption process at state colleges and universities.2 As part of this process, each state college and state university is required to post a hyperlink to lists of required and recommended textbooks required for at least 95 percent of all courses and course sections offered during the upcoming term. 3 Such lists must be posted as early as is feasible, but at least 45 days before the first day of class for each term.4 The lists must include the International Standard Book Number (ISBN) for each required textbook or other identifying information, which must include, at a minimum: the title, all authors listed, publishers, edition number, copyright date, published date and any other relevant information necessary to identify the specific textbooks or instructional materials required and recommended for each course. 5 As reflected in the Fall 2021 ‘State University System Textbook & Instructional Materials Affordability Report’, eight of the 12 state universities met the 95 percent threshold for posting of lists of required and recommended textbooks and instructional materials for courses and course sections at least 45 days prior to the start of classes for the Fall 2020 semester.6 Ten universities met the threshold for the Spring 2021 semester. As reflected in the ‘College and Textbook Affordability in the Florida College System 2021,’ 21 of the 28 Florida College System institutions met the 95 percent threshold for posting of lists of required and recommended textbooks and instructional materials for courses and course sections at least 45 days prior to the start of classes for the Fall 2020 semester. 7 Additionally, the SBE and the BOG are required to adopt textbook and instructional materials affordability policies, procedures, and guidelines for implementation by Florida College System institutions and state universities, respectively, that further efforts to minimize the cost of textbooks and instructional materials for students attending such institutions while ensuring that the quality of education and academic freedom is maintained.8 Further, each state college’s and state university’s board of trustees is required to submit an annual report by September 30 to the chancellor of the State University System and Florida College System, respectively.9 Each state college's and state university’s report is required to address the following four components: The textbook and instructional materials selection process for high-enrollment courses. Specific initiatives of the institution designed to reduce the costs of textbooks and instructional materials. Institution policies implemented for the posting of textbook and instructional materials information for students. 1 Pursuant to s. 1004.085(1), F.S., the term ‘instructional materials’ means “educational materials for use within a course which may be available in printed or digital format.” 2 Section 1004.085, F.S. 3 Section 1004.085(5), F.S. 4 Id. 5 Id. 6 See ‘State University System Textbook & Instructional Materials Affordability Report,’ Fall 2021, pg. 7. 7 See ‘College and Textbook Affordability in the Florida College System 2021,’ Fall 2021, pg. 14. 8 Section 1004.085(6), F.S. 9 Section 1004.085(7), F.S. STORAGE NAME: h7051a.EEC PAGE: 2 DATE: 3/1/2022 The number of courses and course sections that did not meet the textbook and instructional materials posting deadline in the previous academic year. 10 Effect of Proposed Changes To add additional transparency, the bill supplements the current law requiring posts of lists of required and recommended textbooks and instructional materials at least 45 days before the first day of class for each term by requiring the lists to: Remain posted for at least four academic years. Be searchable by the academic term, department, course number, course section, the name of the instructor of the course, and International Standard Book Number (ISBN). Be easily printed or downloadable by current and prospective students for their registered courses or search results. Beginning with the 2022-2023 academic year, if a course is a general education core course option, course syllabi containing sufficient detail to inform students of all of the following must be included in the course registration system: The course curriculum. The goals, objectives, and student expectations of the course. How student performance will be measured. By the 2024-2025 academic year, course syllabi information for all upper-level courses required as part of a degree program must be included and must meet the same requirements as for general education courses. The bill also adds to the reporting requirement the number of courses and course sections that did not meet the course syllabi posting requirement in the previous academic year. Articulation Florida law requires the Department of Education, in conjunction with the Board of Governors, to develop, coordinate, and maintain a statewide course numbering system for postsecondary and dual enrollment education in school districts, public postsecondary educational institutions, and participating nonpublic postsecondary educational institutions that will improve program planning, increase communication among all delivery systems, and facilitate student acceleration and the transfer of students and credits between public school districts, public postsecondary educational institutions, and participating nonpublic educational institutions. 11 The law provides that the continuing maintenance of the system must be accomplished with the assistance of appropriate faculty committees representing public and participating nonpublic educational institutions. 12 All 12 of Florida’s state universities, 28 Florida College System (FCS) institutions, 38 participating nonpublic postsecondary institutions, and 48 career education centers participate in the statewide course numbering system (SCNS).13 When transferring institutions, a student’s credits are accepted at institutions participating in the SCNS when the two institutions offer the same course, course prefix, and number.14 10 Section 1004.085(7), F.S. 11 Section 1007.24(1), F.S. 12 Id. 13 Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 3, available at https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf 14 Id. at 3-4.; See also Section 1007.24(7), F.S. STORAGE NAME: h7051a.EEC PAGE: 3 DATE: 3/1/2022 Courses that have the same academic content and are taught by faculty with comparable credentials are given the same prefix and number and are considered equivalent courses. 15 Equivalent courses are guaranteed to transfer to any other institution participating in the SCNS. Courses that are not substantially like any other course in the SCNS are given a unique course number and are not considered equivalent.16 Since the implementation of Florida’s SCNS, specific types of courses have been exempted from the guarantee of transfer for equivalent courses. The following courses are exceptions to the general rule for course equivalencies and transferability of these courses is at the discretion of the receiving institution: Courses not offered by the receiving institution. For courses at non-regionally accredited institutions, courses offered prior to the established transfer date of the course in question. Courses in the 900-999 series, such as Special Topics, Internships, Apprenticeships, Practicums, Study Abroad, Thesis and Dissertations. College preparatory and vocational preparatory courses. Graduate courses. Applied courses in the performing arts (Art, Dance, Interior Design, Music, and Theatre) and skills courses in Criminal Justice (academy certificate courses) are not guaranteed as transferable. These courses need evidence of achievement (i.e., portfolio, audition, interview, etc.). Statewide Articulation Agreement Florida established a Statewide Articulation Agreement in 1971 to facilitate the seamless articulation of student credits between and among public postsecondary institutions. 17 The “2+2” articulation system provides for the equitable treatment of transfer students.18 The Articulation Coordinating Committee, made up of members representing the State University System, FCS, public career and technical education, K-12 education, and nonpublic postsecondary education oversees the agreement and makes recommendation for continuous improvement.19 Under the statewide articulation agreement, a student who graduates from an FCS institution with an Associate in Arts (AA) degree is guaranteed the following rights: 20 Admission to an upper division program at a state university or FCS institution if it offers baccalaureate degree programs, except to limited access programs. Acceptance of at least 60 semester hours by the state universities and FCS baccalaureate degree-granting institutions. Adherence to the university or college requirements and policies, based on the catalog in effect at the time the student first enters the Florida college, provided the student maintains continuous enrollment. Transfer of equivalent courses under the SCNS. Acceptance by the state universities and baccalaureate degree-granting FCS institutions of credits earned in accelerated programs (e.g. Dual Enrollment, CLEP, Advanced Placement, International Baccalaureate, and Advanced International Certificate of Education). No additional general education core or general education institutional requirements. Advance knowledge of selection criteria for limited access programs. Equal opportunity with native university students to enter limited access programs . 15 Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 4, available at https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf 16 Id. 17 Section 1007.23, F.S.; Rule 6A-10.024 F.A.C.; Florida Board of Governors Regulations for Articulation; See also Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 14, available at https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf 18 Florida Department of Education, Statewide Postsecondary Articulation Manual (Jan. 2021), at 14, available at https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf 19 Section 1007.01(3)(d), F.S. 20 Id. See also Rule 6A-10.024, F.A.C. and Florida Board of Governors Regulations for Articulation. STORAGE NAME: h7051a.EEC PAGE: 4 DATE: 3/1/2022 Some degree programs require specific lower division coursework outside of common prerequisites, thus, depending on a student’s course selection, the 60 hours earned in the AA will be accepted; however, not all of the credit may apply towards a student’s degree program. 21 General Education Courses Current law requires an associate in arts (AA) degree at an FCS or SUS institution to be no more than 60 semester hours of college credit and include 36 semester hours of general education course work. 22 For the baccalaureate degree, it must be no more than 120 semester hours of college credit, unless prior approval has been granted by the BOG or the SBE, as applicable, and include 36 semester hours of general education coursework.23 Students entering a FCS or SUS institution are required to complete at least one identified core course in the subject areas of communication, mathematics, social sciences, humanities, and natural sciences.24 All public postsecondary educational institutions are required to accept these courses as meeting general education core course requirements.25 After completing the general education core course requirements, the remaining courses and credits that fulfill the total 36-hour general education requirement for an associate in arts or baccalaureate degree are at the discretion of the FCS or SUS institution.26 General education programs in Florida, while consistent at the general education core requirements and the total of 36 hours for completion, vary in the selection of institutionally-required courses.27 Students who transfer with an AA or AS degree, or who have completed their block of 36 general education hours do not have to meet the receiving institution’s general education program requirements. If a student does not complete the total 36-hour general education curriculum prior to transfer, each course, outside of courses taken as general education courses, will be reviewed