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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the William L. Boyd, IV, Effective 2
Access to Student Education grants; amending s. 3
1009.89, F.S.; revising legislative findings; 4
providing that tuition assistance through the program 5
shall be based on specified performance metrics and 6
tiers; revising eligibility criteria for institutions 7
and persons to participate in the program; revising 8
the requirements for a specified report inst itutions 9
must annually submit; removing a requirement that such 10
report be posted on certain websites; providing for 11
annual minimum performance benchmarks and standards; 12
providing requirements for such benchmarks and 13
standards; requiring the legislature to annually adopt 14
benchmarks and standards for specified purposes and 15
evaluate institutions based on such benchmarks for 16
tier placement; providing funding requirements for 17
such institutions based on such tiers; providing an 18
effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Section 1009.89, Florida Statutes, is amended 23
to read: 24
1009.89 The William L. Boyd, IV, Effective Access to 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Student Education grants. — 26
(1) The Legislature finds and declares that independent 27
nonprofit colleges and universities eligible to participate in 28
the William L. Boyd, IV, Effective Access to Student Education 29
Grant Program are an integral part of the higher education 30
system in this state and that a significant number of state 31
residents choose this form of higher education. The Legislature 32
further finds that a strong and viable system of high-performing 33
independent nonprofit colleges and universities reduces the tax 34
burden on the citizens of the state. Because the William L. 35
Boyd, IV, Effective Access to Student Education Grant Program is 36
not related to a student's financial need or other criteria upon 37
which financial aid programs are based, but is instead based on 38
specified performance metrics for each eligible institution, it 39
is the intent of the Legislature that the William L. Boyd, IV, 40
Effective Access to Student Education Grant Program not be 41
considered a financial aid program but rather a tuition 42
assistance program for its citizens. Such tuition assistance 43
shall be tiered based on each eligible institution's performance 44
metrics. 45
(2) The William L. Boyd, IV, Effective Access to Student 46
Education Grant Program shall be administered by the Department 47
of Education. The State Board of Education shall adopt rules for 48
the administration of th e program. 49
(3) An institution is eligible to participate in the 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
department shall issue through the program a William L. Boyd, 51
IV, Effective Access to Student Education grant program if the 52
institution is to any full-time degree-seeking undergraduate 53
student registered at an independent nonprofit college or 54
university which is located in and chartered by the state; which 55
is accredited by the Commission on Colleges of the Southern 56
Association of Colleges and Schools; which grants baccalaureate 57
degrees; which is not a state university or Florida College 58
System institution; is in compliance with the reporting, 59
disclosure, and transparency requirements of this section and 60
other general law; and which has a secular purpose, so long as 61
the receipt of state aid by students at the institution would 62
not have the primary effect of advancing or impeding religion or 63
result in an excessive entanglement between the state and any 64
religious sect. 65
(4) A person is eligible to receive such William L. Boyd, 66
IV, Effective Access to Student Education grant if: 67
(a) He or she meets the general requirements, including 68
residency, for student eligibility as provided in s. 1009.40, 69
except as otherwise provided in this section. 70
(b)1. He or she is enrolled as a full -time undergraduate 71
student at an eligible college or university that is ranked Tier 72
1 or Tier 2 under paragraph (6)(a) in a program of study leading 73
to a baccalaureate degree. 74
2. He or she is not enrolled in a program of study leading 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to a degree in theology or divinity . 76
3. He or she is making satisfactory academic progress as 77
defined by the State Board of Education. 78
4. He or she has not completed more than 110 percent of 79
the degree program in which he or she is enrolled. 80
(5)(a) Funding for the William L. Boyd, IV, Effective 81
Access to Student Education Grant Program for eligible 82
institutions shall be as provided in the General Appropriations 83
Act. The William L. Boyd, IV, Effective Access to Student 84
Education grant may be paid on a prorated basis in advance of 85
the registration period. The department shall make such payments 86
to the college or university in which the student is enrolled 87
for credit to the student's account for payment of tuition and 88
fees. Institutions shall certify to the department the amount of 89
funds disbursed to each student and shall remit to the 90
department any undisbursed advances or refunds within 60 days of 91
the end of regular registration. A student is not eligible to 92
receive the award for more than 9 semesters or 14 quarters, 93
except as otherwise p rovided in s. 1009.40(3). 94
(b) If the combined amount of the William L. Boyd, IV, 95
Effective Access to Student Education grant issued pursuant to 96
this act and all other scholarships and grants for tuition or 97
fees exceeds the amount charged to the student for tuition and 98
fees, the department shall reduce the William L. Boyd, IV, 99
Effective Access to Student Education grant issued pursuant to 100
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this act by an amount equal to such excess. 101
(c) By September 1 of eac h year, institutions receiving 102
funding as provided in the General Appropriations Act must 103
submit an Effective Access to Student Education Grant Program 104
Accountability Report to the Department of Education, in a 105
format prescribed by the department. The institution's president 106
or chief administrative officer shall certify in the report, 107
that the institution is in compliance with the reporting, 108
disclosure, and transparency requirements of this section and 109
other general law and that the institution has provided each 110
resident student with data on its performance on the metrics 111
listed in this paragraph, the student's net cost to complete his 112
or her degree, and, for students that have declared a major, the 113
declared major's expected earnings outcomes 1, 5, and 10 ye ars 114
after graduation. The report must also use the most recently 115
available information on Florida resident students and include, 116
at a minimum, the following performance metrics, by institution: 117
1. Access rate based upon percentage of Pell Grant -118
eligible students. 119
2. Affordability rate based upon average student loan 120
debt; federal, state, and institutional financial assistance; 121
and average tuition and fees. 122
3. Graduation rate. 123
4. Retention rate. 124
5. Postgraduate employment or continuing education ra te. 125
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6. Workforce graduation rate based upon the percentage of 126
grant recipient graduates in high -demand programs that are 127
included on the United States Department of Labor or Labor 128
Market Estimating Conference lists for statewide or regional 129
demand as a percentage of total grant recipient graduates. 130
7. Workforce employment rate based on the percentage of 131
grant recipient graduates who obtain employment in their field 132
of study within 120 days after graduation as a percentage of 133
total graduates employed wit hin 120 days after graduation. 134
135
The department shall recommend minimum performance standards 136
that institutions must meet to remain eligible to receive grants 137
pursuant to this section. Each eligible institution shall post 138
prominently on its website, by Octo ber 1 of each year, its 139
performance on these metrics, as reported to the department. 140
(d) By October 1 of each year, the department shall submit 141
a report to the chair of the House Appropriations Committee, the 142
chair of the Senate Appropriations Committee, and the Governor's 143
Office of Policy and Budget on the performance of each eligible 144
institution. The report must also recommend annual minimum 145
performance benchmarks for the performance metrics in paragraph 146
(c) and strategies to ensure continuous improveme nt of eligible 147
institutions and the program. The minimum performance benchmarks 148
included in the report must increase annually. 149
(e) For fiscal year 2023 -2024, the benchmarks and minimum 150
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standards for each benchmark are as follows: 151
1. An access rate of 32 percent. 152
2. An affordability rate of $7,263. 153
3. A graduation rate of 45 percent. 154
4. A retention rate of 65 percent. 155
5. A postgraduate employment or continuing education rate 156
of 64 percent. 157
(f) Beginning with the 2024 -2025 General Appropriation s 158
Act and thereafter, the Legislature must also consider each 159
institution's workforce employment rate when determining 160
institutional eligibility institutions and the institutions that 161
have not met the minimum performance standards recommended by 162
the department. 163
(6)(a) Each year, the Legislature shall adopt benchmarks 164
and minimum standards specified in the General Appropriations 165
Act and shall evaluate each institution's performance based on 166
such benchmarks and place each institution in one of three tiers 167
for the purpose of determining award amounts. The tiers are 168
established as follows: 169
1. Tier 1: an institution that meets the requirements of a 170
Tier 2 institution and also meets or exceeds a workforce 171
graduation rate of 56 percent. 172
2. Tier 2: an institut ion that meets or exceeds at least 3 173
out of 5 benchmarks. 174
3. Tier 3: an institution that meets no more than 2 out of 175
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5 benchmarks. 176
(b) The per student award amounts for each tier shall be 177
as follows: 178
1. Tier 1: $500 more than the Tier 2 per student a ward 179
amount. 180
2. Tier 2: As specified in the General Appropriations Act. 181
3. Tier 3: $0. 182
(7)(6) If the number of eligible students exceeds the 183
total authorized in the General Appropriations Act, an 184
institution may use its own resources to assure that each 185
eligible student receives the full benefit of the grant amount 186
authorized. 187
(8)(7) The State Board of Education shall adopt rules to 188
implement this section. 189
Section 2. This act shall take effect July 1, 2023. 190