Florida Senate - 2014                                    SB 1202
       
       
        
       By Senator Montford
       
       
       
       
       
       3-01214A-14                                           20141202__
    1                        A bill to be entitled                      
    2         An act relating to career centers and charter
    3         technical career centers; amending s. 1001.44, F.S.;
    4         authorizing a career center to offer college credit
    5         courses applicable toward specific certificates or
    6         degrees; providing a process for approval to offer
    7         specific degree programs; requiring the State Board of
    8         Education to adopt rules; authorizing a career center
    9         to change the institution’s name; amending s. 1002.34,
   10         F.S.; authorizing a charter technical career center to
   11         offer college credit courses applicable toward
   12         specific certificates or degrees; providing an
   13         approval process; authorizing a charter technical
   14         career center to change the institution’s name;
   15         amending s. 1004.02, F.S., relating to definitions;
   16         renaming the applied technology diploma program as the
   17         college credit certificate program and clarifying the
   18         program; amending ss. 1007.23 and 1007.25, F.S.;
   19         conforming provisions; amending s. 1009.22, F.S.;
   20         revising and clarifying tuition and fees for specific
   21         workforce education programs; amending ss. 1009.53,
   22         1009.532, and 1009.536, F.S.; conforming provisions;
   23         amending s. 1011.80, F.S.; conforming provisions;
   24         authorizing a career center to offer associate in
   25         applied science degree programs; correcting a cross
   26         reference; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 1001.44, Florida Statutes, is amended to
   31  read:
   32         (Substantial rewording of section. See
   33         s. 1001.44, F.S., for present text.)
   34         1001.44 Career centers.—
   35         (1) In order to provide additional career pathways, career
   36  centers shall support and enhance a competitive workforce by
   37  offering high-quality career and technical education programs
   38  that prepare graduates for current and emerging careers.
   39         (2)(a) A career center is an educational institution that
   40  offers postsecondary career and technical education programs and
   41  is under the control of the district school board of the school
   42  district in which the center is located. A district school
   43  board, after first obtaining the approval of the Commissioner of
   44  Education, may organize, establish, and operate a career center
   45  or acquire and operate a career center previously established.
   46         (b) The district school boards of two or more contiguous
   47  districts may, after first obtaining the approval of the
   48  commissioner, enter into an agreement to organize, establish,
   49  and operate, or acquire and operate, a career center under this
   50  section.
   51         (3) A career center shall maintain an academic transcript
   52  for each student enrolled in the center. A student’s transcript
   53  shall include each course completed, credit earned, and
   54  credentials earned by the student. Each course shall be
   55  delineated by the course prefix and title assigned pursuant to
   56  s. 1007.24. A career center shall make each student’s transcript
   57  available to that student.
   58         (4) A career center may offer college credit courses
   59  applicable toward a college credit certificate or an associate
   60  in applied science degree through a partnership with a Florida
   61  College System institution or through direct authority to award
   62  such certificates and degrees. A career center must submit a
   63  proposal to the State Board of Education for approval before
   64  offering and awarding associate in applied science degrees.
   65         (5) The process for a career center to offer an associate
   66  in applied science degree program shall be as follows:
   67         (a) The career center shall submit a notice of its intent
   68  to propose an associate in applied science degree program to the
   69  Division of Career and Adult Education and the Florida College
   70  System institution in its service area 45 days before submitting
   71  the proposal. The notice must include a brief description of the
   72  program, the geographic region to be served, and an estimated
   73  timeframe for implementation. The notice must also include
   74  evidence that the career center engaged in need, demand, and
   75  impact discussions with the Florida College System institution
   76  in its service area.
   77         (b) A proposal to offer an associate in applied science
   78  degree program shall be submitted to the Division of Career and
   79  Adult Education and, at a minimum, include:
   80         1. A description of the planning process and timeline for
   81  implementation.
   82         2. An analysis of workforce demand and unmet need for
   83  graduates of the program on a district or regional basis, as
   84  appropriate, including evidence from entities independent of the
   85  institution.
   86         3. Identification of the facilities, equipment, and library
   87  and academic resources that will be used to deliver the program.
   88         4. A cost analysis of creating a new associate in applied
   89  science degree program.
   90         5. The program’s admission requirements, academic content,
   91  curriculum, faculty credentials, student-to-teacher ratios, and
   92  accreditation plan.
   93         6. Feedback from the Florida College System institution
   94  regarding the notice of intent pursuant to paragraph (a).
   95         7. The program’s enrollment projections and funding
   96  requirements.
   97         8. A description of outcome measures that will be used to
   98  determine success, including, but not limited to, program
   99  completions, placements, licensures, and feedback of employer
  100  satisfaction with the job performance of graduates.
  101         9. A plan that describes how the career center’s college
  102  credit courses will meet the equivalent faculty credential
  103  standards for inclusion in the statewide course numbering system
  104  pursuant to s. 1007.24(7).
  105         10. A plan of action if the program is terminated.
  106         (c) The Division of Career and Adult Education shall review
  107  the proposal, notify the career center, in writing, of any
  108  deficiencies within 30 days after receipt of the proposal, and
  109  provide the center with an opportunity to correct the
  110  deficiencies.
  111         (d) Within 45 days after receipt of the finalized proposal
  112  by the Division of Career and Adult Education, the commissioner
  113  shall recommend approval or disapproval of the proposal to the
  114  state board. The state board shall consider the recommendation
  115  and the proposal at the next scheduled meeting, adhering to
  116  appropriate meeting notice requirements. If the state board
  117  disapproves the career center proposal, it shall provide the
  118  center with a written explanation for that determination. The
  119  state board’s action is not subject to the provisions of the
  120  Administrative Procedure Act.
  121         (e) After approval by the state board to offer its first
  122  associate in applied science degree program, the career center
  123  must obtain accreditation as an associate-in-applied-science
  124  degree-granting institution from an accrediting agency that is
  125  recognized by the United States Department of Education.
  126         (f) A career center shall notify the appropriate
  127  accrediting agency of subsequent degree programs that are
  128  approved by the state board.
  129         (g) A career center shall annually, and upon request of the
  130  state board, the Chancellor of Career and Adult Education, or
  131  the Legislature, report its status using the following
  132  performance and compliance indicators:
  133         1. Obtaining and maintaining appropriate accreditation.
  134         2. Maintaining qualified faculty and institutional
  135  resources.
  136         3. Maintaining enrollment in previously approved programs.
  137         4. Managing fiscal resources appropriately.
  138         5. Measuring program success, including program
  139  completions, placements, licensures, and employer satisfaction
  140  with the job performance of graduates.
  141  
  142  The state board, upon review of the performance and compliance
  143  indicators, may require a career center to modify or terminate
  144  an associate in applied science degree program authorized under
  145  this section.
  146         (6) The state board shall adopt rules providing guidelines
  147  for receiving, reviewing, and approving proposals to offer
  148  associate in applied science degree programs. The rules shall
  149  establish an annual timeframe by which proposals must be
  150  received. The rules shall also require that a presentation be
  151  made to assist the state board in its decision.
  152         (7) With the approval of its district school board, a
  153  career center may change the institution’s name and use the
  154  designation “technical college” if the center offers college
  155  credit certificate programs or has been authorized to offer
  156  associate in applied science degree programs pursuant to
  157  subsection (5).
  158         Section 2. Paragraphs (b) and (g) of subsection (11) of
  159  section 1002.34, Florida Statutes, are amended, and paragraphs
  160  (h) and (i) are added to that subsection, to read:
  161         1002.34 Charter technical career centers.—
  162         (11) FUNDING.—
  163         (b) Each district school board and Florida College System
  164  institution that sponsors a charter technical career center
  165  shall pay directly to the center an amount stated in the
  166  charter. State funding shall be generated for the center for its
  167  student enrollment and program outcomes as provided in law. A
  168  center is eligible for funding from workforce education funds,
  169  the Florida Education Finance Program, and the Florida College
  170  System Program Fund, depending upon the programs offered
  171  conducted by the center, pursuant to s. 1011.80.
  172         (g) A center must describe define in the charter agreement
  173  the delivery system in which the instructional offering of
  174  educational services will be placed. The rules governing this
  175  delivery system must be applied to all of the center’s students
  176  and must authorize all other sponsoring educational systems to
  177  report required enrollment and student data based solely on the
  178  rules of the offering institution. Each sponsor shall earn full
  179  time equivalent membership for each student for funding and
  180  reporting purposes.
  181         (h) A center may offer college credit courses applicable
  182  toward a college credit certificate or an associate in applied
  183  science degree through a partnership with a Florida College
  184  System institution or through direct authority to award such
  185  certificates and degrees. A center must submit a proposal to the
  186  State Board of Education for approval before offering and
  187  awarding associate in applied science degrees, as prescribed in
  188  s. 1001.44(5).
  189         (i) With the approval of its board of directors, a center
  190  may change the institution’s name and use the designation
  191  “technical college” if the center offers college credit
  192  certificate programs or has been authorized to offer associate
  193  in applied science degree programs pursuant to s. 1001.44(5).
  194         Section 3. Subsections (8) and (26) of section 1004.02,
  195  Florida Statutes, are amended to read:
  196         1004.02 Definitions.—As used in this chapter:
  197         (8) “College credit certificate program” “Applied
  198  technology diploma program” means a course of study that is part
  199  of a technical degree program, is less than 60 credit hours, and
  200  leads to employment in a specific occupation. An applied
  201  technology diploma program may consist of either technical
  202  credit or college credit. A public school district may offer an
  203  applied technology diploma program only as technical credit,
  204  with college credit awarded to a student upon articulation to a
  205  Florida College System institution. Statewide articulation among
  206  public schools and Florida College System institutions is
  207  guaranteed by s. 1007.23, and is subject to guidelines and
  208  standards adopted by the State Board of Education pursuant to
  209  ss. 1007.24 and 1007.25.
  210         (26) “Workforce education” means adult general education or
  211  career education and may consist of a continuing workforce
  212  education course or a program of study leading to an
  213  occupational completion point, a career certificate, a college
  214  credit certificate an applied technology diploma, or a career
  215  degree.
  216         Section 4. Subsections (1) and (4) of section 1007.23,
  217  Florida Statutes, are amended to read:
  218         1007.23 Statewide articulation agreement.—
  219         (1) The State Board of Education and the Board of Governors
  220  shall enter into a statewide articulation agreement which the
  221  State Board of Education shall adopt by rule. The agreement must
  222  preserve Florida’s “2+2” system of articulation, facilitate the
  223  seamless articulation of student credit across and among
  224  Florida’s educational entities, and reinforce the provisions of
  225  this chapter by governing:
  226         (a) Articulation between secondary and postsecondary
  227  education.;
  228         (b) Admission of associate in arts degree graduates from
  229  Florida College System institutions and state universities.;
  230         (c) Admission of college credit certificate applied
  231  technology diploma program graduates from Florida College System
  232  institutions or career centers.;
  233         (d) Admission of associate in science degree and associate
  234  in applied science degree graduates from Florida College System
  235  institutions.;
  236         (e) The use of acceleration mechanisms, including
  237  nationally standardized examinations through which students may
  238  earn credit.;
  239         (f) General education requirements and statewide course
  240  numbers as provided for in ss. 1007.24 and 1007.25.; and
  241         (g) Articulation among programs in nursing.
  242         (4) The articulation agreement must guarantee the statewide
  243  articulation of appropriate workforce development programs and
  244  courses between school districts and Florida College System
  245  institutions and specifically provide that every college credit
  246  certificate applied technology diploma graduate must be granted
  247  the same amount of credit upon admission to an associate in
  248  science degree or associate in applied science degree program
  249  unless it is a limited access program. Preference for admission
  250  must be given to graduates who are residents of Florida.
  251         Section 5. Subsections (2) and (11) of section 1007.25,
  252  Florida Statutes, are amended to read:
  253         1007.25 General education courses; common prerequisites;
  254  other degree requirements.—
  255         (2) The department shall identify postsecondary career
  256  education programs offered by Florida College System
  257  institutions and district school boards. The department shall
  258  also identify career courses designated as college credit
  259  courses applicable toward a college credit certificate career
  260  education diploma or degree. Such courses must be identified
  261  within the statewide course numbering system.
  262         (11) The Commissioner of Education shall appoint faculty
  263  committees representing both Florida College System institution
  264  and public school faculties to recommend to the commissioner for
  265  approval by the State Board of Education a standard program
  266  length and appropriate occupational completion points for each
  267  postsecondary career certificate program, college credit
  268  certificate diploma, and degree offered by a school district or
  269  a Florida College System institution.
  270         Section 6. Subsection (3) of section 1009.22, Florida
  271  Statutes, is amended to read:
  272         1009.22 Workforce education postsecondary student fees.—
  273         (3)(a) Except as otherwise provided by law, fees for
  274  students who are nonresidents for tuition purposes must offset
  275  the full cost of instruction. Residency of students pursuing a
  276  college credit certificate or an associate in applied science
  277  degree shall be determined as required in s. 1009.21. Fee
  278  nonexempt students enrolled in applied academics for adult
  279  education instruction shall be charged fees equal to the fees
  280  charged for adult general education programs. Each Florida
  281  College System institution that conducts developmental education
  282  and applied academics for adult education instruction in the
  283  same class section may charge a single fee for both types of
  284  instruction.
  285         (b) Fees for continuing workforce education shall be
  286  locally determined by the district school board or Florida
  287  College System institution board. Expenditures for the
  288  continuing workforce education program provided by the Florida
  289  College System institution or school district must be fully
  290  supported by fees. Enrollments in continuing workforce education
  291  courses may not be counted for purposes of funding full-time
  292  equivalent enrollment.
  293         (c) Effective July 1, 2011, for programs leading to a
  294  career certificate or an applied technology diploma, the
  295  standard tuition shall be $2.22 per contact hour for residents
  296  and nonresidents and the out-of-state fee shall be $6.66 per
  297  contact hour. For adult general education programs, a block
  298  tuition of $45 per half year or $30 per term shall be assessed
  299  for residents and nonresidents, and the out-of-state fee shall
  300  be $135 per half year or $90 per term. Each district school
  301  board and Florida College System institution board of trustees
  302  shall adopt policies and procedures for the collection of and
  303  accounting for the expenditure of the block tuition. All funds
  304  received from the block tuition shall be used only for adult
  305  general education programs. Students enrolled in adult general
  306  education programs may not be assessed the fees authorized in
  307  subsection (5), subsection (6), or subsection (7).
  308         (d) For programs leading to a career certificate, the
  309  standard tuition shall be $2.33 per contact hour for residents
  310  and nonresidents and the out-of-state fee shall be $6.66 per
  311  contact hour in addition to the standard tuition of $2.33 per
  312  contact hour. For programs leading to a college credit
  313  certificate or an associate in applied science degree, the
  314  standard tuition shall be $71.98 per college credit hour for
  315  residents and nonresidents and the out-of-state fee shall be
  316  $215.94 per credit hour in addition to the standard college
  317  credit hour rate of $71.98.
  318         (e)(d)Beginning with the 2008-2009 fiscal year and each
  319  year thereafter, The tuition and the out-of-state fee per
  320  contact hour shall increase at the beginning of each fall
  321  semester at a rate equal to inflation, unless otherwise provided
  322  in the General Appropriations Act. The Office of Economic and
  323  Demographic Research shall report the rate of inflation to the
  324  President of the Senate, the Speaker of the House of
  325  Representatives, the Governor, and the State Board of Education
  326  each year before prior to March 1. For purposes of this
  327  paragraph, the rate of inflation shall be defined as the rate of
  328  the 12-month percentage change in the Consumer Price Index for
  329  All Urban Consumers, U.S. City Average, All Items, or successor
  330  reports as reported by the United States Department of Labor,
  331  Bureau of Labor Statistics, or its successor for December of the
  332  previous year. In the event the percentage change is negative,
  333  the tuition and out-of-state fee shall remain at the same level
  334  as the prior fiscal year.
  335         (f)(e) Each district school board and each Florida College
  336  System institution board of trustees may adopt tuition and out
  337  of-state fees that may vary no more than 5 percent below and 5
  338  percent above the combined total of the standard tuition and
  339  out-of-state fees established in paragraph (d)(c).
  340         (f) The maximum increase in resident tuition for any school
  341  district or Florida College System institution during the 2007
  342  2008 fiscal year shall be 5 percent over the tuition charged
  343  during the 2006-2007 fiscal year.
  344         (g) The State Board of Education may adopt, by rule, the
  345  definitions and procedures that district school boards and
  346  Florida College System institution boards of trustees shall use
  347  in the calculation of cost borne by students.
  348         Section 7. Subsection (1) of section 1009.53, Florida
  349  Statutes, is amended to read:
  350         1009.53 Florida Bright Futures Scholarship Program.—
  351         (1) The Florida Bright Futures Scholarship Program is
  352  created to establish a lottery-funded scholarship program to
  353  reward any Florida high school graduate who merits recognition
  354  of high academic achievement and who enrolls in a degree
  355  program, certificate program, or college credit certificate
  356  applied technology program at an eligible Florida public or
  357  private postsecondary education institution within 3 years of
  358  graduation from high school.
  359         Section 8. Paragraph (c) of subsection (3) of section
  360  1009.532, Florida Statutes, is amended to read:
  361         1009.532 Florida Bright Futures Scholarship Program;
  362  student eligibility requirements for renewal awards.—
  363         (3)
  364         (c) A student who is initially eligible in the 2012-2013
  365  academic year and thereafter may receive an award for a maximum
  366  of 100 percent of the number of credit hours required to
  367  complete an associate degree program, a baccalaureate degree
  368  program, or a postsecondary career certificate program or, for a
  369  Florida Gold Seal Vocational Scholars award, may receive an
  370  award for a maximum of 100 percent of the number of credit hours
  371  or equivalent clock hours required to complete one of the
  372  following at a Florida public or nonpublic education institution
  373  that offers these specific programs: for a college credit
  374  certificate an applied technology diploma program as defined in
  375  s. 1004.02(8), up to 60 credit hours or equivalent clock hours;
  376  for a technical degree education program as defined in s.
  377  1004.02(14), up to the number of hours required for a specific
  378  degree not to exceed 72 credit hours or equivalent clock hours;
  379  or for a career certificate program as defined in s.
  380  1004.02(21), up to the number of hours required for a specific
  381  certificate not to exceed 72 credit hours or equivalent clock
  382  hours. A student who transfers from one of these program levels
  383  to another program level becomes eligible for the higher of the
  384  two credit hour limits.
  385         Section 9. Paragraph (c) of subsection (4) of section
  386  1009.536, Florida Statutes, is amended to read:
  387         1009.536 Florida Gold Seal Vocational Scholars award.—The
  388  Florida Gold Seal Vocational Scholars award is created within
  389  the Florida Bright Futures Scholarship Program to recognize and
  390  reward academic achievement and career preparation by high
  391  school students who wish to continue their education.
  392         (4)
  393         (c) A student who is initially eligible in the 2012-2013
  394  academic year and thereafter may earn a Florida Gold Seal
  395  Vocational Scholarship for a maximum of 100 percent of the
  396  number of credit hours or equivalent clock hours required to
  397  complete one of the following at a Florida public or nonpublic
  398  education institution that offers these specific programs: for a
  399  college credit certificate an applied technology diploma program
  400  as defined in s. 1004.02(8), up to 60 credit hours or equivalent
  401  clock hours; for a technical degree education program as defined
  402  in s. 1004.02(14), up to the number of hours required for a
  403  specific degree not to exceed 72 credit hours or equivalent
  404  clock hours; or for a career certificate program as defined in
  405  s. 1004.02(21), up to the number of hours required for a
  406  specific certificate not to exceed 72 credit hours or equivalent
  407  clock hours.
  408         Section 10. Paragraph (c) of subsection (1) and subsections
  409  (2) and (10) of section 1011.80, Florida Statutes, are amended
  410  to read:
  411         1011.80 Funds for operation of workforce education
  412  programs.—
  413         (1) As used in this section, the terms “workforce
  414  education” and “workforce education program” include:
  415         (c) College credit certificate Applied technology diploma
  416  programs, as defined in s. 1004.02(8).
  417         (2) A Any workforce education program may be conducted by a
  418  Florida College System institution or a school district, except
  419  that college credit in an associate in applied science or an
  420  associate in science degree may be awarded only by a Florida
  421  College System institution. However, if an associate in applied
  422  science or an associate in science degree program contains
  423  within it an occupational completion point that confers a
  424  college credit certificate or an applied technology diploma,
  425  that portion of the program may be offered conducted by a school
  426  district career center. A career center authorized to offer an
  427  associate in applied science degree program pursuant to s.
  428  1001.44(5) may offer only those general education courses
  429  contained within the approved degree program. Any Instruction
  430  designed to articulate to a degree program is subject to
  431  guidelines and standards adopted by the State Board of Education
  432  pursuant to s. 1007.25.
  433         (10) A high school student dually enrolled under s.
  434  1007.271 in a workforce education program operated by a Florida
  435  College System institution or school district career center
  436  generates the amount calculated for workforce education funding,
  437  including any payment of performance funding, and the
  438  proportional share of full-time equivalent enrollment generated
  439  through the Florida Education Finance Program for the student’s
  440  enrollment in a high school. If a high school student is dually
  441  enrolled in a Florida College System institution program,
  442  including a program conducted at a high school, the Florida
  443  College System institution earns the funds generated for
  444  workforce education funding, and the school district earns the
  445  proportional share of full-time equivalent funding from the
  446  Florida Education Finance Program. If a student is dually
  447  enrolled in a career center operated by the same district as the
  448  district in which the student attends high school, that district
  449  earns the funds generated for workforce education funding and
  450  also earns the proportional share of full-time equivalent
  451  funding from the Florida Education Finance Program. If a student
  452  is dually enrolled in a workforce education program provided by
  453  a career center operated by a different school district, the
  454  funds must be divided between the two school districts
  455  proportionally from the two funding sources. A student may not
  456  be reported for funding in a dual enrollment workforce education
  457  program unless the student has completed the basic skills
  458  assessment pursuant to s. 1004.91. A student who is coenrolled
  459  in a K-12 education program and an adult education program may
  460  be reported for purposes of funding in an adult education
  461  program. If a student is coenrolled in core curricula courses
  462  for credit recovery or dropout prevention purposes and does not
  463  have a pattern of excessive absenteeism or habitual truancy or a
  464  history of disruptive behavior in school, the student may be
  465  reported for funding for up to two courses per year. Such a
  466  student is exempt from the payment of the block tuition for
  467  adult general education programs provided in s. 1009.22(3)(c)
  468  1009.22(3)(d). The Department of Education shall develop a list
  469  of courses to be designated as core curricula courses for the
  470  purposes of coenrollment.
  471         Section 11. This act shall take effect July 1, 2014.