Senate Bill sb0918e1

CODING: Words stricken are deletions; words underlined are additions.




    CS for CS for SB 918                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to public postsecondary

  3         need-based student financial assistance;

  4         amending s. 1009.40, F.S.; requiring state

  5         residency for a public postsecondary career

  6         education student assistance grant; revising

  7         eligibility criteria for the renewal of

  8         specified financial aid awards; creating s.

  9         1009.505 F.S.; creating the Florida Public

10         Postsecondary Career Education Student

11         Assistance Grant Program; providing for program

12         administration; defining terms; providing that

13         grants are available to specified students in

14         specified postsecondary career certificate

15         programs; providing for annual grant amounts;

16         providing eligibility criteria for career

17         certificate students; requiring reporting by

18         participating institutions; providing for

19         distribution of appropriated funds; providing

20         for transmittal of grant payments to community

21         college presidents or district school

22         superintendents; providing for period of

23         eligibility; requiring participating

24         institutions to certify amounts disbursed to

25         students; requiring the State Board of

26         Education to adopt rules; providing that the

27         program shall only be implemented to the extent

28         funded and authorized by law; amending s.

29         1009.77, F.S.; revising the purpose of the

30         Florida Work Experience Program; providing that

31         the program is available to students in


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1         specified career education programs and

 2         educator preparation institutes; authorizing a

 3         participating institution to use up to 100

 4         percent of its allocation for student employees

 5         within the institution and to reimburse itself

 6         for 100 percent of the student wages; lowering

 7         the percentage of student wages that must be

 8         reimbursed to employers; providing that

 9         participating postsecondary educational

10         institutions must pay for specified

11         preemployment expenses for students employed

12         with public schools; requiring employers to pay

13         specified wages; prescribing student

14         eligibility requirements; providing for

15         distribution of funds; requiring certification

16         of funds disbursed to students; removing a

17         provision that requires funds appropriated for

18         the program to be deposited in the State

19         Student Financial Assistance Trust Fund and

20         specifying responsibilities of the Chief

21         Financial Officer; removing a provision

22         requiring that program balances remaining in

23         the trust fund at the end of the fiscal year be

24         retained; providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Subsection (1) of section 1009.40, Florida

29  Statutes, is amended to read:

30         1009.40  General requirements for student eligibility

31  for state financial aid.--


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1         (1)(a)  The general requirements for eligibility of

 2  students for state financial aid awards consist of the

 3  following:

 4         1.  Achievement of the academic requirements of and

 5  acceptance at a state university or community college; a

 6  nursing diploma school approved by the Florida Board of

 7  Nursing; a Florida college, university, or community college

 8  which is accredited by an accrediting agency recognized by the

 9  State Board of Education; any Florida institution the credits

10  of which are acceptable for transfer to state universities;

11  any career center; or any private career institution

12  accredited by an accrediting agency recognized by the State

13  Board of Education.

14         2.  Residency in this state for no less than 1 year

15  preceding the award of aid for a program established pursuant

16  to s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s.

17  1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s.

18  1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s.

19  1009.76, s. 1009.77, or s. 1009.89. Residency in this state

20  must be for purposes other than to obtain an education.

21  Resident status for purposes of receiving state financial aid

22  awards shall be determined in the same manner as resident

23  status for tuition purposes pursuant to s. 1009.21 and rules

24  of the State Board of Education.

25         3.  Submission of certification attesting to the

26  accuracy, completeness, and correctness of information

27  provided to demonstrate a student's eligibility to receive

28  state financial aid awards. Falsification of such information

29  shall result in the denial of any pending application and

30  revocation of any award currently held to the extent that no

31  further payments shall be made. Additionally, students who


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1  knowingly make false statements in order to receive state

 2  financial aid awards shall be guilty of a misdemeanor of the

 3  second degree subject to the provisions of s. 837.06 and shall

 4  be required to return all state financial aid awards

 5  wrongfully obtained.

 6         (b)1.  Eligibility for the renewal of undergraduate or

 7  career certificate financial aid awards shall be evaluated at

 8  the end of the second semester or third quarter of each

 9  academic year. As a condition for renewal, a student shall:

10         a.  Have earned a minimum cumulative grade point

11  average of 2.0 on a 4.0 scale; and

12         b.  Have earned, for undergraduate full-time study, 12

13  credits per term or the equivalent for the number of terms for

14  which aid was received or have earned, for career certificate

15  study, at least the equivalent in clock hours of 6 semester

16  credit hours per term or the equivalent for the number of

17  terms for which aid was received.

18         2.  A student who earns the minimum number of credits

19  required for renewal, but who fails to meet the minimum 2.0

20  cumulative grade point average, may be granted a probationary

21  award for up to the equivalent of 1 academic year and shall be

22  required to earn a cumulative grade point average of 2.0 on a

23  4.0 scale by the end of the probationary period to be eligible

24  for subsequent renewal. A student who receives a probationary

25  award and who fails to meet the conditions for renewal by the

26  end of his or her probationary period shall be ineligible to

27  receive additional awards for the equivalent of 1 academic

28  year following his or her probationary period. Each such

29  student may, however, reapply for assistance during a

30  subsequent application period and may be eligible for an award

31  


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1  if he or she has earned a cumulative grade point average of

 2  2.0 on a 4.0 scale.

 3         3.  A student who fails to earn the minimum number of

 4  credits required for renewal shall lose his or her eligibility

 5  for renewal for a period equivalent to 1 academic year.

 6  However, the student may reapply during a subsequent

 7  application period and may be eligible for an award if he or

 8  she has earned a minimum cumulative grade point average of 2.0

 9  on a 4.0 scale.

10         4.  Students who receive state student aid and

11  subsequently fail to meet state academic progress requirements

12  due to verifiable illness or other emergencies may be granted

13  an exception from the academic requirements. Such students

14  shall make a written appeal to the institution. The appeal

15  shall include a description and verification of the

16  circumstances. Verification of illness or other emergencies

17  may include but not be limited to a physician's statement or

18  written statement of a parent or college official. The

19  institution shall recommend exceptions with necessary

20  documentation to the department. The department may accept or

21  deny such recommendations for exception from the institution.

22         Section 2.  Section 1009.505, Florida Statutes, is

23  created to read:

24         1009.505  Florida Public Postsecondary Career Education

25  Student Assistance Grant Program.--

26         (1)  There is created a Florida Public Postsecondary

27  Career Education Student Assistance Grant Program. The program

28  shall be administered by the participating institutions in

29  accordance with rules of the State Board of Education.

30         (2)  For purposes of this section, the term:

31  


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1         (a)  "Average annual cost of tuition and registration

 2  fees" means the average cost for the prior academic year of

 3  tuition and registration fees for the equivalent in clock

 4  hours at a public postsecondary career certificate program of

 5  30 semester credit hours at a state university.

 6         (b)  "Half-time" means the equivalent in clock hours at

 7  a public postsecondary career certificate program of 6

 8  semester credit hours at a community college.

 9         (c)  "Public postsecondary career certificate program"

10  means a postsecondary program that consists of 450 or more

11  clock hours, is offered by a community college authorized by

12  Florida law or by a career center operated by a district

13  school board under s. 1001.44, and terminates in a career

14  certificate.

15         (3)(a)  Student assistance grants through the program

16  may be made only to certificate-seeking students enrolled at

17  least half-time in a public postsecondary career certificate

18  program who meet the general requirements for student

19  eligibility as provided in s. 1009.40, except as otherwise

20  provided in this section. The grants shall be awarded annually

21  to any recipient for the amount of demonstrated unmet need for

22  the cost of education and may not exceed the average annual

23  cost of tuition and registration fees or such other amount as

24  specified in the General Appropriations Act. A demonstrated

25  unmet need of less than $200 shall render the applicant

26  ineligible for a grant under this section. Recipients of the

27  grants must have been accepted at a community college

28  authorized by Florida law or a career center operated by a

29  district school board under s. 1001.44. A student is eligible

30  for the award for 110 percent of the number of clock hours

31  required to complete the program in which enrolled.


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1         (b)  A student applying for a Florida public

 2  postsecondary career education student assistance grant shall

 3  be required to apply for the Pell Grant. A Pell Grant

 4  entitlement shall be considered when conducting an assessment

 5  of the financial resources available to each student; however,

 6  a Pell Grant entitlement shall not be required as a condition

 7  of receiving a grant under this section.

 8         (c)  Each participating institution shall report, to

 9  the department by the established date, the eligible students

10  to whom grant moneys are disbursed each academic term. Each

11  institution shall also report to the department necessary

12  demographic and eligibility data for such students.

13         (4)(a)  The funds appropriated for the Florida Public

14  Postsecondary Career Education Student Assistance Grant

15  Program shall be distributed to eligible community colleges

16  and district school boards in accordance with a formula

17  approved by the department.

18         (b)  Payment of Florida public postsecondary career

19  education student assistance grants shall be transmitted to

20  the president of the community college or to the district

21  school superintendent, or to the designee thereof, in advance

22  of the registration period. Institutions shall notify students

23  of the amount of their awards.

24         (c)  The eligibility status of each student to receive

25  a disbursement shall be determined by each institution as of

26  the end of its regular registration period, inclusive of a

27  drop-add period. Institutions shall not be required to

28  reevaluate a student's eligibility status after this date for

29  purposes of changing eligibility determinations previously

30  made.

31  


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1         (d)  Participating institutions shall certify to the

 2  department the amount of funds disbursed to each student and

 3  shall remit to the department any undisbursed advances by June

 4  1 of each year.

 5         (5)  The State Board of Education shall establish rules

 6  necessary to implement this section.

 7         (6)  This section shall be implemented only to the

 8  extent specifically funded and authorized by law.

 9         Section 3.  Section 1009.77, Florida Statutes, is

10  amended to read:

11         1009.77  Florida Work Experience Program.--

12         (1)  There is established the Florida Work Experience

13  Program to be administered by the Department of Education. The

14  purpose of the program is to introduce eligible students to

15  work experience that will complement and reinforce their

16  educational program and career goals and provide a self-help

17  student aid program that reduces student loan indebtedness.

18  Additionally, the program's opportunities for employment at a

19  student's school will serve as a retention tool because

20  students employed on campus are more likely to complete their

21  postsecondary education. The Such program shall be available

22  to:

23         (a)  Any student attending a state university or

24  community college authorized by Florida law; or

25         (b)  Any student attending a nonprofit Florida

26  postsecondary education institution that is eligible to

27  participate in either of the student assistance grant programs

28  established in ss. 1009.51 and 1009.52;.

29         (c)  Any postsecondary student attending a career

30  center operated by a district school board under s. 1001.44;

31  or


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1         (d)  Any student attending an educator preparation

 2  institute established under s. 1004.85. The student may

 3  participate in this program despite having previously earned a

 4  baccalaureate degree.

 5         (2)(a)  A participating institution may use up to 100

 6  25 percent of its program allocation for student employment

 7  within the institution.

 8         (b)  A participating institution may use up to 10

 9  percent of its program allocation for program administration.

10         (3)  Each participating institution is authorized to

11  enter into contractual agreements with private or public

12  employers for the purpose of establishing a Florida work

13  experience program.

14         (4)  The participating postsecondary educational

15  institution shall be responsible for reimbursing employers for

16  student wages from its program allocation moneys it receives

17  from the trust fund pursuant to subsection (8). Public

18  elementary or secondary school employers or postsecondary

19  institution employers shall be reimbursed for 100 percent of

20  the student's wages by the participating institution. All

21  other employers may shall be reimbursed for up to 70 percent

22  of the student's wages. When a college or university employs a

23  student on campus through this program, other student

24  financial aid funds may not be used to fund the institution's

25  30-percent portion of the student's wages.

26         (5)  The employer is responsible for furnishing the

27  full cost of any mandatory benefits. Such benefits may not be

28  considered part of the 30-percent wage requirement total for

29  matching purposes.

30         (6)  Each participating postsecondary educational

31  institution is responsible for furnishing the full cost of all


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1  preemployment requirements, including, but not limited to,

 2  background screenings and tuberculosis testing, that are

 3  necessary for a student to be employed by a public elementary

 4  or secondary school employer. Expenditures under this

 5  subsection shall be paid from the funds received by the

 6  participating postsecondary educational institution.

 7         (7)  The employer is responsible for paying no less

 8  than the federal minimum wage established under the Fair Labor

 9  Standards Act or the state minimum wage established under s.

10  24, Art. X of the State Constitution and s. 448.110, whichever

11  is greater. Employers are encouraged to pay students a

12  competitive wage to increase student participation in this

13  program.

14         (8)(6)  A student is eligible to participate in the

15  Florida Work Experience Program if the student:

16         (a)  Is enrolled:

17         1.  At an eligible college or university as no less

18  than a half-time undergraduate student in good standing;.

19         2.  In an eligible postsecondary career certificate

20  program as no less than a half-time student in good standing.

21  Eligible programs must be approved by the Department of

22  Education and must consist of no less than 450 clock hours of

23  instruction. Such programs must be offered by a career center

24  operated by a district school board under s. 1001.44 or by a

25  community college; or

26         3.  At an educator preparation institute established

27  under s. 1004.85 as no less than a half-time student in good

28  standing.

29  

30  However, a student may be employed during the break between

31  two consecutive terms or employed, although not enrolled,


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1  during a term if the student was enrolled at least half time

 2  during the preceding term and preregisters as no less than a

 3  half-time student for the subsequent academic term. A student

 4  who attends an institution that does not provide

 5  preregistration shall provide documentation of intent to

 6  enroll as no less than a half-time student for the subsequent

 7  academic term.

 8         (b)  Meets the general requirements for student

 9  eligibility as provided in s. 1009.40, except as otherwise

10  provided in this section.

11         (c)  Demonstrates financial need.

12         (d)  Maintains the equivalent of a 2.0 cumulative grade

13  point average of a 2.0 on a 4.0 scale for all college work.

14         (9)(7)  The State Board of Education shall adopt

15  prescribe such rules for the program as are necessary for its

16  administration, for the determination of eligibility and

17  selection of institutions to receive funds for students, to

18  ensure the proper expenditure of funds, and to provide an

19  equitable distribution of funds between students at public and

20  independent colleges and universities and career centers

21  operated by district school boards under s. 1001.44.

22         (10)  A participating institution that receives funds

23  from the program shall certify to the department the amount of

24  funds disbursed to each student within 30 days after the end

25  of each term.

26         (8)  Funds appropriated by the Legislature for the

27  Florida Work Experience Program shall be deposited in the

28  State Student Financial Assistance Trust Fund. The Chief

29  Financial Officer shall authorize expenditures from the trust

30  fund upon receipt of vouchers approved by the department of

31  Education. Any balance therein at the end of any fiscal year


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 918                           First Engrossed



 1  that has been allocated to the program shall remain therein

 2  and shall be available for carrying out the purposes of the

 3  program.

 4         Section 4.  This act shall take effect July 1, 2007.

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  12

CODING: Words stricken are deletions; words underlined are additions.