Current through Reg. 50, No. 187; September 24, 2024
(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.
(2) Conditions for
contract programs.
(a) Financial limitation.
The state subsidy for any contract program shall be determined on an individual
contract basis. Florida students 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.
(b) Accreditation. Any institution proposing
a contract program shall be accredited as provided by Section
229.053(2)(o),
F.S.
(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 Florida
residents 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
6C-7.005, F.A.C.)
(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.
(3)
Review process.
(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:
1.
Unmet needs to be addressed by the contract program;
2. Evidence of adequate resources of the
contracting institution;
3. Demand
for graduates from the contract program;
4. Any specialized accreditation held by the
contract program, if appropriate;
5. The state subsidy for the contract
program. In determining the state subsidy for any contract program, the
following items shall be considered:
a. The
state operating costs for comparable programs;
b. Additional state fixed capital outlay
costs or start-up costs necessitated by expansion or creation of state
programs;
c. Qualitative
differences between programs;
d.
Price level adjustments for contract renewals.
6. The capability of state institutions
located nearest the potential contractor to furnish all or part of the
program;
7. Consistency of the
program with the state master plan for postsecondary education; and
8. The Impact Study required by the State
Plan for the Equalization of Educational Opportunity.
(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.
(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.
(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.
(e) The
Commission shall provide the State Board with a recommendation on the annual
renewal of each contract.
Rulemaking Authority
229.053(1) FS.
Law Implemented 229.053(2)(o),
240.147(3)
FS.
New 4-18-82, Formerly 6A-10.32, Amended 10-18-94,
3-3-97.
