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In This Issue...
1. SESSION HIGHLIGHTS
2. BILL SUMMARY UPDATE
3. FROM POLITICO
2022 Legislative Session Highlights
✓ This week both Chambers passed their budgets off the floor which now puts the Chambers in the conference posture. Of note for the Florida College System, on February 16th, House Bill 5201, which, among other things, creates the PIPELINE and LINE programs passed the House, was sent to the Senate where it was referred to the Senate Appropriations Committee. Additionally, the House passed HB 5007, which sets the employer contribution rates for employers in the Florida Retirement System. Under the House proposal, FRS employers would have to contribute an additional 3% to employees who are members of the FRS investment plan. The combined cost of the regular contribution rate increases and these increases to the Colleges is an estimated $12.6M, whereas the Senate proposal would cost the Colleges an estimated $3.9M. We expect this issue to be addressed during the conference. This week is likely the last committee week, with most subcommittees having stopped meeting.
✓ House Education & Employment Committee (February 17, 2022): As to the FCS, the committee heard Representative Garrison’s bill, HB 703 (“Pub. Rec. and Meetings/Postsecondary Education Executive Search”). The bill provides that any personal identifying information of an applicant for president of a SUS or FCS institution held by the institution is confidential and exempt from public record requirements. The bill provides that the personal identifying information of applicants who comprise a final group of applicants for president is no longer confidential and exempt from public record requirements once the final group of applicants is established or at least 21 days before the date of a meeting at which either an interview is conducted or at which final action or a vote is to be taken on the employment of applicants, whichever is earlier. The bill also creates a public meeting exemption for any meeting held for the purpose of identifying or vetting applicants for president of a SUS or FCS institution, including any portion of a meeting that would disclose the personal identifying information of applicants. An amendment was adopted that now conforms this bill to the Senate bill passed earlier in the week. This bill is now ready for the House floor.
✓ The committee also heard Representative Shoaf’s bill, HB 991 (“Postsecondary Fees”). The bill authorizes an FCS institution and a school district career center, in consultation with regional workforce and economic development organizations, to implement a differential out-of-state fee for the purpose of recruiting students into programs of study necessary to address unmet current and future workforce needs in the region. A program of study selected by an institution to address workforce needs must be identified by (1) the Labor Market Estimating Conference, which develops real-time supply and demand information on Florida’s statewide, regional, and local labor markets; or (2) the Credentials Review Committee, established under CareerSource Florida’s state board, which identifies non-degree and degree credentials of value to Florida and credentials that meet local demand. The bill requires an institution implementing the differential, to prioritize the enrollment of Florida residents over out-of-state students, and to annually report to the State Board of Education on the employment outcomes of students who received the differential, including the percentage of students employed in the occupation. Both Representative Find and Hunchofsky had concerns about the bill. In particular, Representative Fine would prefer to have a requirement that a student pays back the differential if the student did not continue to reside in Florida. This bill is now ready for the House floor.
✓ Finally, the committee heard Representative Clemmons bill, HB 1515. The bill expands the list of institutions the Department of Corrections or county or municipal detention facilities are authorized to contract with to provide educational services to include a Florida College System institution. The bill authorizes a Florida College System institution to use state funds to provide education services to inmates in state prisons and county or municipal detention facilities. The bill has one last committee stop before it is ready for the House floor. The Senate bill, Senator Perry’s SB 722 is set to be heard in the Senate on Wednesday, February 23. A copy of the committee packet can be found here, and a recording of the meeting can be found here.
The committee heard Representative Bush’s HB 1025 (“Summer Learning Opportunities”). The bill requires the Department of Education to create a central hub for summer service-learning opportunities for participating employers. The Department of Education must create a statewide employment hub for summer employment opportunities. The bill requires state agencies and district school boards and allows local governments and private businesses, to participate in the program. Eligible students are students who are: (1) between 14 and 22 years old; (2) enrolled in a secondary school or post-secondary education institution in Florida; (3) in good academic standing as established by the State Board of Education (SBE); (4) be responsible for transportation to and from the place of employment; and (5) meet any other criteria established by the State Board of Education. Each school district and the postsecondary institution must notify students of the employment hub.
A copy of the committee packet can be found here, and a recording of the meeting can be found here.
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Wednesday:
House Education & Employment
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Budget Corner
The two chambers are now in conference posture and may start to meet as early as this weekend, February 25 and 26. The Senate GAA, SB 2500, can be found here and the implementing bill, SB 2502, can be found here. The proposed House GAA, HB 5001, can be found here, and a copy of the implementing bill can be found here.
The Senate conforming bill on Education, SB 2524, makes changes regarding dual enrollment. As to the FCS, the bill amends Florida Statute 1007.271 to specify that instructional materials for use in dual enrollment courses must be made available to all participating students free of charge, rather than only to public school students. FCS institutions may seek reimbursement for these costs through the Dual Enrollment Scholarship program. The bill also requires the articulation agreement between a public postsecondary institution and a private school to specify the conditions for private school payments for dual enrollment courses. The agreement must specify payment for dual enrollment courses taken during scheduled school hours, and that a private school is not required to pay the costs associated with dual enrollment courses taken outside of the scheduled school day, or during the summer term.
The Department of Education’s summary regarding proposed funding is reproduced here:
Published weekly during the legislative session, Capitol Perceptions provides updates on current legislative issues and their progress throughout the session. We welcome you to track our progress weekly in Capitol Perceptions. Feel free to share it with a college friend who is not an AFC member. The online AFC Advocacy Toolkit is filling up with valuable and informative resources for you including a link to each week’s most recent 2022 AFC/FCS Bill Tracking Matrix.
BILL SUMMARY/UPDATE
To review the Council of Presidents' Legislative Budget Request CLICK HERE.
Bills the AFC is tracking:
SB 7044: Postsecondary Education
The Senate Education Committee heard the Committee Bill 7044 (“Postsecondary Education”). The bill does many things. Of most import, the bill creates Florida Statute 1008.47 which prohibits an FCS institution from being accredited by the same accrediting agencies or associations for consecutive accreditation cycles. It also provides a cause of action for any postsecondary education institution that is negatively impacted by a retaliatory action by its accrediting agency or association. This statute expires on December 31, 2032.
SB 520 / HB 703: Public Records and Public Meetings (Brandes)
Providing an exemption from public records requirements for any personal identifying information of an applicant for president of a state university or a Florida College System institution held by a state university or a Florida College System institution; providing an exemption from public meeting requirements for any portion of a meeting held for the purpose of identifying or vetting applicants for president of a state university or a Florida College System institution, including any portion of a meeting which would disclose certain personal identifying information of such applicants; providing for future legislative review and repeal of the exemptions; providing a statement of public necessity, etc.
Senate Bill 520 has passed the Senate, and is in messages to the House. The difference between the two bills in the amount of time the records remain confidential and exempt, with the house version being 14 days and the Senate version is still at 21 days following the decision to narrow the pool to the final candidates.
HB 7: Individual Freedom (Education & Employment Committee and Avila)
This bill expands the Florida Civil Rights Act to provide that subjecting a person, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe certain concepts constitutes discrimination based on race, color, sex, or national origin under the Act. The bill also revises provisions within Florida’s Education Code to: (1) provide that it constitutes discrimination on the basis of race, color, national origin, or sex under the Code to subject a student or employee to training or instruction that espouses, promotes, advances, inculcates, or compels such student or employee to believe certain concepts; (2) state the Legislature’s acknowledgment of the fundamental truth that all persons are equal before the law and have inalienable rights; and (3) require school instruction and supporting materials to be consistent with specified principles of individual freedom.
HB 45 / SB 554: Educational Opportunities for Disabled Veterans
Representatives Morales and Benjamin presented HB 45 (“Educational Opportunities for Disabled Veterans”). The bill would allow a disabled veteran who enrolls in a public postsecondary program which is otherwise approved for assistance under the GI Bill and in fact receives a partial tuition benefit under the GI Bill to receive a waiver of remaining tuition and fees after the GI benefit is applied. The veteran must attend an eligible public postsecondary institution. The program begins in the 2022-2023 academic year. The bill passed the Committee, and has one more committee stop.
HB 991: Workforce Education Postsecondary Student Fees
Representative Shoaf presented CS/HB 991 (“Postsecondary Fees”). As to the FCS, the bill authorizes a FCS institution to implement a differential out-of-state fee for the purpose of recruiting students into programs of study necessary to address unmet current and future workforce needs in the region that meet certain criteria. The bill requires an institution implementing the differential, to prioritize the enrollment of Florida residents over out-of-state students, and to annually report to the State Board of Education on the employment outcomes of students who received the differential, including the percentage of students employed in the occupation. The bill passed the Committee and has one more committee stop.
FROM POLITICO….
Florida House poised to pass bill targeting ‘wokeness’ in the workplace, schools
By Andrew Atterbury| 02/22/2022 04:34 PM EST
TALLAHASSEE — Republicans in the Florida House set the table Tuesday to pass legislation aimed at weeding out “woke” corporate training and possible traces of critical race theory in schools across the state, putting the chamber on the cusp of carrying out an election-year priority of Gov. Ron DeSantis.
House members are expected to vote on and approve the measure Thursday after a floor hearing Tuesday where Democrats spent hours attempting to water down the proposal, which expands Florida’s anti-discrimination laws to prevent schools and companies from assigning guilt or blame to students and employees based on race or sex, like in lessons that target "white privilege."
“Whether it’s a teacher in the classroom or an HR professional in the workplace, everything that is taught should be from an objective standpoint,” said state Rep. Bryan Avila (R-Miami Springs), who is carrying the bill.
The legislation, FL HB7 (22R), is at least partly inspired by DeSantis, who called on lawmakers to take up his “Stop WOKE Act” as a means for giving parents the power to sue local school districts that teach lessons rooted in critical race theory. The Republican governor also pushed for the state to thwart companies from forcing employees to undergo sensitivity and racial awareness training that he claimed qualified as "harassment" in the workplace.
The bill spells out a host of so-called protections for students and workers, including that a person should not be instructed to “feel, guilt, anguish, or any other form of psychological distress” due to their race, color, sex or national origin.
For schools, it specifies that teachers are allowed to lead classroom discussions “in an age-appropriate manner” on issues such as sexism, racial oppression and segregation. But the legislation goes further to say that “classroom instruction and curriculum may not be used to indoctrinate or persuade students to a particular point of view.”
The measure, however, does not include an outright ability to sue school districts over critical race theory teachings, something sought by DeSantis.
Democrats hounded Avila about this provision on Tuesday, attempting point out possible gray areas in the bill that could lead to future lawsuits.
“If I’m a teacher, and I’m teaching the Holocaust as we’ve mandated, can I say the Nazis were evil, cruel and mass murders? Even though that’s assigning blame and someone who hears It might be uncomfortable?” said state Rep. Joe Geller (D-Aventura).
Avila pushed back against those claims, arguing that the bill is meant to prevent a teacher from going “out of bounds” and singling out particular students based on their background and race. If teachers follow their local curriculum, “there shouldn’t be a problem,” Avila said.
“The overall intent is to ensure that … no student feels as if they are being instructed, or made to feel guilty, for something that occurred in our nation’s history,” Avila said.
Democrats filed numerous amendments to scale back or tweak the bill, most of which were struck down by the Republican majority. House members did back one bipartisan amendment spelling out that students should learn about the “ramifications of prejudice, racism, and stereotyping on individual freedoms.” Another Democrat amendment that passed clarifies lessons must include contributions of the “African diaspora” opposed to “African Americans.”
The legislation also targets corporate diversity trainings that tell workers they are “inherently racist” or “either privileged or oppressed” based on race, color, sex or national origin, an issue that has been frequently referenced by DeSantis. Republican lawmakers have been calling out companies like American Express, Google and Coca-Cola for their workplace trainings covering "white privilege" throughout session, including during Tuesday’s floor session.
Capitol Perceptions is compiled weekly during the Florida Legislative Session and distributed to AFC members.
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