The Florida Senate

239.101  Legislative intent.

239.105  Definitions.

239.113  Registration of adult students.

239.115  Funds for operation of adult general education and vocational education programs.

239.116  Cost accounting and reporting for workforce education.

239.117  Workforce development postsecondary student fees.

239.121  Occupational specialists.

239.125  Computer-assisted student advising.

¹239.101  Legislative intent.--

(1)  The Legislature recognizes that education is a function of both knowledge and the application of knowledge. In this context, ²career education assumes a paramount role. The Legislature finds that ²career and academic education are complementary, rather than exclusive. Students are better served by a curriculum that incorporates both forms of education than one that is vested in either area exclusively.

(2)  The Legislature intends that public secondary schools should prepare students to enroll in postsecondary-level coursework, to attain employment, and to continue self-directed learning. In addition, the Legislature intends that student achievement measures should have a demonstrable real-world connection. Accordingly, the high school curriculum should incorporate vocational skills, and vocational programs should incorporate academic skills as they relate to an occupation. The curriculum should be competency-based and allow for students to demonstrate competence through a variety of means.

(3)  ³Certificate career education should provide job-preparatory instruction through which students attain the job-specific, academic, and employability competencies necessary to enter specific occupations. Institutions are encouraged to conduct ³certificate career education programs in a manner that enables students to enroll during the academic year and exit a program upon successful demonstration of the competencies required for the program. ³Certificate career education should also provide continuing education for adults who seek to update or upgrade skills related to their occupations. Unless specifically addressed, this chapter does not affect ⁴degree career education college credit instruction leading to an associate in science degree.

(4)  The Legislature recognizes that the purpose of ²career education is to enable students to attain those skills that enable them to become or to remain economically self-sufficient. Consequently, the Legislature finds that vocational programs which lead to minimum wage employment should be minimized and should be conducted only with specific justification.

(5)  The Legislature recognizes the importance of adequate, accurate counseling for student success in education. The Legislature further recognizes that student participation in ²career education should be based on the interests and aptitudes of the individual students. In order for students to make informed choices about the available educational options, students and counselors must have access to timely, comprehensive counseling and information.

(6)  The Legislature finds that colleges of education play an important role in the conduct of quality vocational programs. The colleges shall provide preservice and inservice education for teachers, counselors, and administrators which enables school personnel to implement educationally sound practices. The colleges may also conduct and assist in the dissemination of research that seeks to improve educational methods.

(7)  The Legislature finds that career education is a crucial component of the educational programs conducted within school districts and community colleges. Accordingly, career education must be represented in accountability processes undertaken for educational institutions. It is the intent of the Legislature that the vocational standards articulated in s. 239.229(2) be considered in the development of accountability measures for public schools pursuant to ss. 229.591, 229.592, and 230.23(16) and for community colleges pursuant to s. 240.324.

History.--s. 4, ch. 92-136; s. 63, ch. 97-190; s. 24, ch. 99-398; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

³Note.--The term "certificate career education" was substituted for the term "postsecondary adult vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

⁴Note.--The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

¹239.105  Definitions.--As used in this chapter, the term:

(1)  "Adult basic education" means courses of instruction designed to improve the employability of the state's workforce through instruction in mathematics, reading, language, and workforce readiness skills at grade level equivalency 0-8.9.

(2)  "Adult ESOL" or "adult ESL" means noncredit English language courses designed to improve the employability of the state's workforce through acquisition of communication skills and cultural competencies which enhance ability to read, write, speak, and listen in English. ESOL means English for Speakers of Other Languages. ESL means English as a Second Language. The two terms are interchangeable.

(3)  "Adult general education" means comprehensive instructional programs designed to improve the employability of the state's workforce through adult basic education, adult secondary education, English for Speakers of Other Languages, vocational-preparatory instruction, and instruction for adults with disabilities.

(4)  "Adult high school credit program" means the award of credits upon completion of courses and passing of state mandated assessments necessary to qualify for a high school diploma. Except as provided elsewhere in law, the graduation standards for adults shall be the same as those for secondary students.

(5)  "Adult secondary education" means courses through which a person receives high school credit that leads to the award of a high school diploma or courses of instruction through which a student prepares to take the General Educational Development test.

(6)  "Adult student" is a student who is beyond the compulsory school age and who has legally left elementary or secondary school, or a high school student who is taking an adult course required for high school graduation.

(7)  "Adult with disability," for the purpose of funding, means an individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment, and who requires modifications to the educational program, adaptive equipment, or specialized instructional methods and services in order to participate in workforce development programs that lead to competitive employment.

(8)  "Applied technology diploma program" means a course of study that is part of a degree vocational education program, is less than 60 credit hours, and leads to employment in a specific occupation. An applied technology diploma program may consist of either vocational credit or college credit. A public school district may offer an applied technology diploma program only as vocational credit, with college credit awarded to a student upon articulation to a community college. Statewide articulation among public schools and community colleges is guaranteed by s. 240.115, and is subject to guidelines and standards adopted by the articulation coordinating committee pursuant to s. 229.551(1)(g).

(9)  "Basic literacy," which is also referred to as "beginning adult basic education," means the demonstration of academic competence from 2.0 through 5.9 educational grade levels as measured by means approved for this purpose by the State Board of Education.

(10)  "Beginning literacy" means the demonstration of academic competence from 0 through 1.9 educational grade levels as measured by means approved for this purpose by the State Board of Education.

(11)  "College-preparatory instruction" means courses through which a high school graduate who applies for an associate in arts degree program or an associate in science degree program may attain the communication and computation skills necessary to enroll in college credit instruction.

(12)  "Commissioner" means the Commissioner of Education.

(13)  "Community education" means the use of a school or other public facility as a community center operated in conjunction with other public, private, and governmental organizations for the purpose of providing educational, recreational, social, cultural, health, and community services for persons in the community in accordance with the needs, interests, and concerns of that community, including lifelong learning.

(14)  "Continuing workforce education" means instruction that does not result in a vocational certificate, diploma, associate in applied science degree, or associate in science degree. Continuing workforce education is for:

(a)  Individuals who are required to have training for licensure renewal or certification renewal by a regulatory agency or credentialing body;

(b)  New or expanding businesses as described in chapter 288;

(c)  Business, industry, and government agencies whose products or services are changing so that retraining of employees is necessary or whose employees need training in specific skills to increase efficiency and productivity; or

(d)  Individuals who are enhancing occupational skills necessary to maintain current employment, to cross train, or to upgrade employment.

(15)  "Degree vocational education program" means a course of study that leads to an associate in applied science degree or an associate in science degree. A degree vocational education program may contain within it one or more occupational completion points and may lead to certificates or diplomas within the course of study. The term is interchangeable with the term "degree career education program." For licensure purposes, the term "associate in science degree" is interchangeable with "associate in applied science degree."

(16)  "Department" means the Department of Education.

(17)  "Family literacy" means a program for adults with a literacy component for parents and children or other intergenerational literacy components.

(18)  "Functional literacy," which is also referred to as "intermediate adult basic education," means the demonstration of academic competence from 6.0 through 8.9 educational grade levels as measured by means approved for this purpose by the State Board of Education.

(19)  "General Educational Development (GED) test preparation" means courses of instruction designed to prepare adults for success on the five GED subject area tests leading to qualification for a State of Florida high school diploma.

(20)  "Lifelong learning" means a noncredit course or activity offered by a school district or community college which seeks to address community social and economic issues related to health and human relations, government, parenting, consumer economics, and senior citizens. The course or activity must have specific expected outcomes that relate to one or more of these areas.

(21)  "Local educational agency" means a community college or school district.

(22)  "Local sponsor" means a school board, community college board of trustees, public library, other public entity, or private nonprofit entity, or any combination of these entities, that provides adult literacy instruction.

(23)  "Vocational certificate program" means a course of study that leads to at least one occupational completion point. The program may also confer credit that may articulate with a diploma or degree career education program, if authorized by rules of the Department of Education. Any credit instruction designed to articulate to a degree program is subject to guidelines and standards adopted by the Articulation Coordinating Committee pursuant to s. 229.551(1)(g). The term is interchangeable with the term "certificate career education program."

(24)  "Occupational completion point" means the vocational competencies that qualify a person to enter an occupation that is linked to a vocational program.

(25)  "Vocational education planning region" means the geographic area in which career or adult education is provided. Each vocational region is contiguous with one of the 28 community college service areas. The term may be used interchangeably with the term "career education planning region."

(26)  "Vocational-preparatory instruction" means adult general education through which persons attain academic and workforce readiness skills at the level of functional literacy (grade levels 6.0-8.9) or higher so that such persons may pursue certificate career education or higher-level career education.

(27)  "Vocational program" means a group of identified competencies leading to occupations identified by a Classification of Instructional Programs number.

(28)  "Workforce development education" means adult general education or vocational education and may consist of a continuing workforce education course or a program of study leading to an occupational completion point, a vocational certificate, an applied technology diploma, or a vocational education degree.

(29)  "Workforce literacy" means the basic skills necessary to perform in entry-level occupations or the skills necessary to adapt to technological advances in the workplace.

History.--s. 5, ch. 92-136; s. 5, ch. 94-232; s. 24, ch. 97-246; s. 16, ch. 97-307; s. 7, ch. 98-58; s. 64, ch. 2000-165; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.113  Registration of adult students.--Each school district and community college shall maintain sufficient information for each student enrolled in workforce development education or lifelong learning courses to allow local and state administrators to locate such student upon the termination of instruction and to determine the appropriateness of student placement in specific instructional programs. The State Board for Career Education shall adopt, in rule, specific information that must be maintained and acceptable means of maintaining that information.

History.--s. 7, ch. 92-136; s. 17, ch. 97-307; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.115  Funds for operation of adult general education and vocational education programs.--

(1)  As used in this section, the terms "workforce development education" and "workforce development program" include:

(a)  Adult general education programs designed to improve the employability skills of the state's workforce through adult basic education, adult secondary education, GED preparation, and vocational-preparatory education.

(b)  Vocational certificate programs, including courses that lead to an occupational completion point within a program that terminates in either a certificate, a diploma or a degree.

(c)  Applied technology diploma programs.

(d)  Continuing workforce education courses.

(e)  Degree vocational education programs.

(f)  Apprenticeship and preapprenticeship programs as defined in s. 446.021.

(2)  Any workforce development education program may be conducted by a community college or a school district, except that college credit and an associate in science degree may be awarded only by a community college. However, if an associate in science degree program contains within it an occupational completion point that confers a certificate or an applied technology diploma, that portion of the program may be conducted by a school district technical center. Any instruction designed to articulate to a degree program is subject to guidelines and standards adopted by the Articulation Coordinating Committee pursuant to s. 229.551(1)(g).

(3)  If a program for disabled adults pursuant to s. 239.301 is a workforce development program as defined in law it must be funded as provided in this section.

(4)  The Florida Workforce Development Education Fund is created to provide performance-based funding for all workforce development programs, whether the programs are offered by a school district or a community college. Funding for all workforce development education programs must be from the Workforce Development Education Fund and must be based on cost categories, performance output measures, and performance outcome measures. This subsection takes effect July 1, 1999.

(a)  The cost categories must be calculated to identify high-cost programs, medium-cost programs, and low-cost programs. The cost analysis used to calculate and assign a program of study to a cost category must include at least both direct and indirect instructional costs, consumable supplies, equipment, and standard program length.

(b)1.  The performance output measure for vocational education programs of study is student completion of a vocational program of study that leads to an occupational completion point associated with a certificate; an apprenticeship program; or a program that leads to an applied technology diploma or an associate in science degree. Performance output measures for registered apprenticeship programs shall be based on program lengths that coincide with lengths established pursuant to the requirements of chapter 446.

2.  The performance output measure for an adult general education course of study is measurable improvement in student skills. This measure shall include improvement in literacy skills, grade level improvement as measured by an approved test, or attainment of a general education development diploma or an adult high school diploma.

(c)  The performance outcome measures for programs funded through the Workforce Development Education Fund are associated with placement and retention of students after reaching a completion point or completing a program of study. These measures include placement or retention in employment that is related to the program of study; placement into or retention in employment in an occupation on the Workforce Estimating Conference list of high-wage, high-skill occupations with sufficient openings, or other High Wage/High Skill Program occupations as determined by Workforce Florida, Inc.; and placement and retention of participants or former participants in the welfare transition program in employment. Continuing postsecondary education at a level that will further enhance employment is a performance outcome for adult general education programs. Placement and retention must be reported pursuant to ss. 229.8075 and 239.233.

(5)  Effective July 1, 1999, for school districts providing adult basic education for the elderly to at least 10,000 students during fiscal year 1996-1997, and to at least 10,000 students during subsequent fiscal years, funds for these adult basic education courses for the elderly may be provided in a separate categorical subject to provisions defined in the General Appropriations Act. Unless exempt pursuant to s. 239.117, fees for these courses shall be set at no less than 10 percent of the average cost of instruction.

(6)  State funding and student fees for workforce development instruction funded through the Workforce Development Education Fund shall be established as follows:

(a)  For a continuing workforce education course, state funding shall equal 50 percent of the cost of instruction, with student fees, business support, quick-response training funds, or other means making up the remaining 50 percent.

(b)  For all other workforce development education funded through the Workforce Development Education Fund, state funding shall equal 75 percent of the average cost of instruction with the remaining 25 percent made up from student fees. Fees for courses within a program shall not vary according to the cost of the individual program, but instead shall be based on a uniform fee calculated and set at the state level, as adopted by the State Board of Education, unless otherwise specified in the General Appropriations Act.

(c)  For fee-exempt students pursuant to s. 239.117, unless otherwise provided for in law, state funding shall equal 100 percent of the average cost of instruction.

(7)(a)  Beginning in fiscal year 1999-2000, a school district or a community college that provides workforce development education funded through the Workforce Development Education Fund shall receive funds in accordance with distributions for base and performance funding established by the Legislature in the General Appropriations Act, pursuant to the following conditions:

1.  Base funding shall not exceed 85 percent of the current fiscal year total Workforce Development Education Fund allocation, which shall be distributed by the Legislature in the General Appropriations Act based on a maximum of 85 percent of the institution's prior year total allocation from base and performance funds.

2.  Performance funding shall be at least 15 percent of the current fiscal year total Workforce Development Education Fund allocation, which shall be distributed by the Legislature in the General Appropriations Act based on the previous fiscal year's achievement of output and outcomes in accordance with formulas adopted pursuant to subsection (9). Performance funding must incorporate payments for at least three levels of placements that reflect wages and workforce demand. Payments for completions must not exceed 60 percent of the payments for placement. For fiscal year 1999-2000, school districts and community colleges shall be awarded funds pursuant to this paragraph based on performance output data generated for fiscal year 1998-1999 and performance outcome data available in that year.

3.  If a local educational agency achieves a level of performance sufficient to generate a full allocation as authorized by the workforce development funding formula, the agency may earn performance incentive funds as appropriated for that purpose in a General Appropriations Act. If performance incentive funds are funded and awarded, these funds must be added to the local educational agency's prior year total allocation from the Workforce Development Education Fund and shall be used to calculate the following year's base funding.

(b)  A program is established to assist school districts and community colleges in responding to the needs of new and expanding businesses and thereby strengthening the state's workforce and economy. The program may be funded in the General Appropriations Act. A school district or community college may expend funds under the program without regard to performance criteria set forth in subparagraph (a)2. The district or community college shall use the program to provide customized training for businesses which satisfies the requirements of s. 288.047. Business firms whose employees receive the customized training must provide 50 percent of the cost of the training. Balances remaining in the program at the end of the fiscal year shall not revert to the general fund, but shall be carried over for 1 additional year and used for the purpose of serving incumbent worker training needs of area businesses with fewer than 100 employees. Priority shall be given to businesses that must increase or upgrade their use of technology to remain competitive.

(8)  A school district or community college that earns performance funding must use the money to benefit the postsecondary vocational and adult education programs it provides. The money may be used for equipment upgrades, program expansions, or any other use that would result in workforce development program improvement. The school board or community college board of trustees may not withhold any portion of the performance funding for indirect costs. Notwithstanding s. 216.351, funds awarded pursuant to this section may be carried across fiscal years and shall not revert to any other fund maintained by the school board or community college board of trustees.

(9)  The Department of Education, the State Board of Community Colleges, and Workforce Florida, Inc., shall provide the Legislature with recommended formulas, criteria, timeframes, and mechanisms for distributing performance funds. The commissioner shall consolidate the recommendations and develop a consensus proposal for funding. The Legislature shall adopt a formula and distribute the performance funds to the Division of Community Colleges and the Division of Workforce Development through the General Appropriations Act. These recommendations shall be based on formulas that would discourage low-performing or low-demand programs and encourage through performance-funding awards:

(a)  Programs that prepare people to enter high-wage occupations identified by the Workforce Estimating Conference created by s. 216.136 and other programs as approved by Workforce Florida, Inc. At a minimum, performance incentives shall be calculated for adults who reach completion points or complete programs that lead to specified high-wage employment and to their placement in that employment.

(b)  Programs that successfully prepare adults who are eligible for public assistance, economically disadvantaged, disabled, not proficient in English, or dislocated workers for high-wage occupations. At a minimum, performance incentives shall be calculated at an enhanced value for the completion of adults identified in this paragraph and job placement of such adults upon completion. In addition, adjustments may be made in payments for job placements for areas of high unemployment.

(c)  Programs that are specifically designed to be consistent with the workforce needs of private enterprise and regional economic development strategies, as defined in guidelines set by Workforce Florida, Inc. Workforce Florida, Inc., shall develop guidelines to identify such needs and strategies based on localized research of private employers and economic development practitioners.

(d)  Programs identified by Workforce Florida, Inc., as increasing the effectiveness and cost efficiency of education.

(10)  A high school student dually enrolled under s. 240.116 in a workforce development program funded through the Workforce Development Education Fund and operated by a community college or school district technical center generates the amount calculated by the Workforce Development Education Fund, including any payment of performance funding, and the proportional share of full-time equivalent enrollment generated through the Florida Education Finance Program for the student's enrollment in a high school. If a high school student is dually enrolled in a community college program, including a program conducted at a high school, the community college earns the funds generated through the Workforce Development Education Fund and the school district earns the proportional share of full-time equivalent funding from the Florida Education Finance Program. If a student is dually enrolled in a technical center operated by the same district as the district in which the student attends high school, that district earns the funds generated through the Workforce Development Education Fund and also earns the proportional share of full-time equivalent funding from the Florida Education Finance Program. If a student is dually enrolled in a workforce development program provided by a technical center operated by a different school district, the funds must be divided between the two school districts proportionally from the two funding sources. A student may not be reported for funding in a dual enrollment workforce development program unless the student has completed the basic skills assessment pursuant to s. 239.213.

(11)  The Department of Education may adopt rules to administer this section.

(12)  The Auditor General shall annually audit the Workforce Development Education Fund. The Office of Program Policy Analysis and Government Accountability shall review the workforce development program and provide a report to the Legislature by December 31, 2000, and thereafter at the direction of the Joint Legislative Auditing Committee. Such audits and reviews shall be based on source data at the community colleges and school districts.

History.--s. 18, ch. 97-307; s. 8, ch. 98-58; s. 65, ch. 2000-165; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.116  Cost accounting and reporting for workforce education.--

(1)  Each school district and each community college shall account for expenditures of all state, local, federal, and other funds in the manner prescribed by the Department of Education.

(2)  Each school district and each community college shall report expenditures for workforce education in accordance with requirements prescribed by the Department of Education.

(3)  The Department of Education, in cooperation with school districts and community colleges, shall develop and maintain a database of valid comparable information on workforce education which will meet both state and local needs.

History.--s. 3, ch. 97-307; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.117  Workforce development postsecondary student fees.--

(1)  This section applies to students enrolled in workforce development programs who are reported for funding through the Workforce Development Education Fund, except that college credit fees for the community colleges are governed by s. 240.35.

(2)  All students shall be charged fees except students who are exempt from fees or students whose fees are waived.

(3)  The following students are exempt from any requirement for the payment of registration, matriculation, and laboratory fees for adult basic, adult secondary, or vocational-preparatory instruction:

(a)  A student who does not have a high school diploma or its equivalent.

(b)  A student who has a high school diploma or its equivalent and who has academic skills at or below the eighth grade level pursuant to state board rule. A student is eligible for this exemption from fees if the student's skills are at or below the eighth grade level as measured by a test administered in the English language and approved by the Department of Education, even if the student has skills above that level when tested in the student's native language.

(4)  The following students are exempt from the payment of registration, matriculation, and laboratory fees:

(a)  A student enrolled in a dual enrollment or early admission program pursuant to s. 239.241.

(b)  A student enrolled in an approved apprenticeship program, as defined in s. 446.021.

(c)  A student for whom the state is paying a foster care board payment pursuant to s. 409.145(3) or pursuant to parts II and III of chapter 39, for whom the permanency planning goal pursuant to part III of chapter 39 is long-term foster care or independent living, or who is adopted from the Department of Children and Family Services after May 5, 1997. Such exemption includes fees associated with enrollment in vocational-preparatory instruction and completion of the college-level communication and computation skills testing program. Such exemption shall be available to any student adopted from the Department of Children and Family Services after May 5, 1997; however, the exemption shall be valid for no more than 4 years after the date of graduation from high school.

(d)  A student enrolled in an employment and training program under the welfare transition program. The regional workforce board shall pay the community college or school district for costs incurred for welfare transition program participants.

(e)  A student who lacks a fixed, regular, and adequate nighttime residence or whose primary nighttime residence is a public or private shelter designed to provide temporary residence for individuals intended to be institutionalized, or a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(f)  A student who is a proprietor, owner, or worker of a company whose business has been at least 50 percent negatively financially impacted by the buy-out of property around Lake Apopka by the State of Florida. Such a student may receive a fee exemption only if the student has not received compensation because of the buy-out, the student is designated a Florida resident for tuition purposes, pursuant to s. 240.1201, and the student has applied for and been denied financial aid, pursuant to s. 240.404, which would have provided, at a minimum, payment of all student fees. The student is responsible for providing evidence to the postsecondary education institution verifying that the conditions of this paragraph have been met, including support documentation provided by the Department of Revenue. The student must be currently enrolled in, or begin coursework within, a program area by fall semester 2000. The exemption is valid for a period of 4 years from the date that the postsecondary education institution confirms that the conditions of this paragraph have been met.

(5)  School districts and community colleges may waive fees for any fee-nonexempt student. The total value of fee waivers granted by the school district or community college may not exceed the amount established annually in the General Appropriations Act. Any student whose fees are waived in excess of the authorized amount may not be reported for state funding purposes. Any school district or community college that waives fees and requests state funding for a student in violation of the provisions of this section shall be penalized at a rate equal to 2 times the value of the full-time student enrollment reported.

(6)(a)  The Commissioner of Education shall provide to the State Board of Education no later than December 31 of each year a schedule of fees for workforce development education, excluding continuing workforce education, for school districts and community colleges. The fee schedule shall be based on the amount of student fees necessary to produce 25 percent of the prior year's average cost of a course of study leading to a certificate or diploma. At the discretion of a school board or a community college, this fee schedule may be implemented over a 3-year period, with full implementation in the 1999-2000 school year. In years preceding that year, if fee increases are necessary for some programs or courses, the fees shall be raised in increments designed to lessen their impact upon students already enrolled. Fees for students who are not residents for tuition purposes must offset the full cost of instruction. Fee-nonexempt students enrolled in vocational-preparatory instruction shall be charged fees equal to the fees charged for certificate career education instruction. Each community college that conducts college-preparatory and vocational-preparatory instruction in the same class section may charge a single fee for both types of instruction.

(b)  Fees for continuing workforce education shall be locally determined by the school board or community college. However, at least 50 percent of the expenditures for the continuing workforce education program provided by the community college or school district must be derived from fees.

(c)  The State Board of Education shall adopt a fee schedule for school districts that produces the fee revenues calculated pursuant to paragraph (a). The schedule so calculated shall take effect, unless otherwise specified in the General Appropriations Act.

(d)  The State Board of Education shall adopt, by rule, the definitions and procedures that school boards shall use in the calculation of cost borne by students.

(7)  Each year the State Board of Community Colleges shall review and evaluate the percentage of the cost of adult programs and certificate career education programs supported through student fees. For students who are residents for tuition purposes, the schedule so adopted must produce revenues equal to 25 percent of the prior year's average program cost for college-preparatory and certificate-level workforce development programs. Fees for continuing workforce education shall be locally determined by the school board or community college. However, at least 50 percent of the expenditures for the continuing workforce education program provided by the community college or school district must be derived from fees. Fees for students who are not residents for tuition purposes must offset the full cost of instruction.

(8)  Each school board and community college board of trustees may establish a separate fee for financial aid purposes in an additional amount of up to 10 percent of the student fees collected for workforce development programs funded through the Workforce Development Education Fund. All fees collected shall be deposited into a separate workforce development student financial aid fee trust fund of the district or community college to support students enrolled in workforce development programs. Any undisbursed balance remaining in the trust fund and interest income accruing to investments from the trust fund shall increase the total funds available for distribution to workforce development education students. Awards shall be based on student financial need and distributed in accordance with a nationally recognized system of need analysis approved by the State Board for Career Education. Fees collected pursuant to this subsection shall be allocated in an expeditious manner.

(9)  The State Board of Education and the State Board of Community Colleges shall adopt rules to allow the deferral of registration and tuition fees for students receiving financial aid from a federal or state assistance program when such aid is delayed in being transmitted to the student through circumstances beyond the control of the student. The failure to make timely application for such aid is an insufficient reason to receive a deferral of fees. The rules must provide for the enforcement and collection or other settlement of delinquent accounts.

(10)  Any veteran or other eligible student who receives benefits under chapter 30, chapter 31, chapter 32, chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106 of Title 10, U.S.C., is entitled to one deferment each academic year and an additional deferment each time there is a delay in the receipt of benefits.

(11)  Each school district and community college shall be responsible for collecting all deferred fees. If a school district or community college has not collected a deferred fee, the student may not earn state funding for any course for which the student subsequently registers until the fee has been paid.

(12)  Any school district or community college that reports students who have not paid fees in an approved manner in calculations of full-time equivalent enrollments for state funding purposes shall be penalized at a rate equal to 2 times the value of such enrollments. Such penalty shall be charged against the following year's allocation from the Florida Workforce Development Education Fund or the Community College Program Fund and shall revert to the General Revenue Fund. The State Board of Education shall specify, in rule, approved methods of student fee payment. Such methods must include, but need not be limited to, student fee payment; payment through federal, state, or institutional financial aid; and employer fee payments.

(13)  Each school district and community college shall report only those students who have actually enrolled in instruction provided or supervised by instructional personnel under contract with the district or community college in calculations of actual full-time enrollments for state funding purposes. A student who has been exempted from taking a course or who has been granted academic or vocational credit through means other than actual coursework completed at the granting institution may not be calculated for enrollment in the course from which the student has been exempted or for which the student has been granted credit. School districts and community colleges that report enrollments in violation of this subsection shall be penalized at a rate equal to 2 times the value of such enrollments. Such penalty shall be charged against the following year's allocation from the Workforce Development Education Fund and shall revert to the General Revenue Fund.

(14)  School boards and community college boards of trustees may establish scholarship funds using donations. If such funds are established, school boards and community college boards of trustees shall adopt rules that provide for the criteria and methods for awarding scholarships from the fund.

(15)  Each school board and community college board of trustees may establish a separate fee for capital improvements, technology enhancements, or equipping buildings which may not exceed 5 percent of the matriculation fee for resident students or 5 percent of the matriculation and tuition fee for nonresident students. Funds collected by community colleges through these fees may be bonded only for the purpose of financing or refinancing new construction and equipment, renovation, or remodeling of educational facilities. The fee shall be collected as a component part of the registration and tuition fees, paid into a separate account, and expended only to construct and equip, maintain, improve, or enhance the certificate career education or adult education facilities of the school district or community college. Projects funded through the use of the capital improvement fee must meet the survey and construction requirements of chapter 235. Pursuant to s. 216.0158, each school board and community college board of trustees shall identify each project, including maintenance projects, proposed to be funded in whole or in part by such fee. Capital improvement fee revenues may be pledged by a board of trustees as a dedicated revenue source to the repayment of debt, including lease-purchase agreements and revenue bonds, with a term not to exceed 20 years, and not to exceed the useful life of the asset being financed, only for the new construction and equipment, renovation, or remodeling of educational facilities. Community colleges may use the services of the Division of Bond Finance of the State Board of Administration to issue any bonds authorized through the provisions of this subsection. Any such bonds issued by the Division of Bond Finance shall be in compliance with the provisions of the State Bond Act. Bonds issued pursuant to the State Bond Act shall be validated in the manner provided by chapter 75. The complaint for such validation shall be filed in the circuit court of the county where the seat of state government is situated, the notice required to be published by s. 75.06 shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the state attorney of the circuit in which the action is pending. A maximum of 15 cents per credit hour may be allocated from the capital improvement fee for child care centers conducted by the school board or community college board of trustees.

(16)  Community colleges and district school boards are not authorized to charge students enrolled in workforce development programs any fee that is not specifically authorized by statute. In addition to matriculation, tuition, financial aid, capital improvement, and technology fees, as authorized in this section, community colleges and district school boards are authorized to establish fee schedules for the following user fees and fines: laboratory fees; parking fees and fines; library fees and fines; fees and fines relating to facilities and equipment use or damage; access or identification card fees; duplicating, photocopying, binding, or microfilming fees; standardized testing fees; diploma replacement fees; transcript fees; application fees; graduation fees; and late fees related to registration and payment. Such user fees and fines shall not exceed the cost of the services provided and shall only be charged to persons receiving the service. Parking fee revenues may be pledged by a community college board of trustees as a dedicated revenue source for the repayment of debt, including lease-purchase agreements and revenue bonds with terms not exceeding 20 years and not exceeding the useful life of the asset being financed. Community colleges shall use the services of the Division of Bond Finance of the State Board of Administration to issue any revenue bonds authorized by the provisions of this subsection. Any such bonds issued by the Division of Bond Finance shall be in compliance with the provisions of the State Bond Act. Bonds issued pursuant to the State Bond Act shall be validated in the manner established in chapter 75. The complaint for such validation shall be filed in the circuit court of the county where the seat of state government is situated, the notice required to be published by s. 75.06 shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the state attorney of the circuit in which the action is pending.

(17)  Each district school board and community college district board of trustees is authorized to establish specific fees for workforce development instruction not reported for state funding purposes or for workforce development instruction not reported as state funded full-time equivalent students. District school boards and district boards of trustees are not required to charge any other fee specified in this section for this type of instruction.

(18)  Each district school board and community college district board of trustees is authorized to establish a separate fee for technology, not to exceed $1.80 per credit hour or credit-hour equivalent for resident students and not more than $5.40 per credit hour or credit-hour equivalent for nonresident students, or the equivalent, to be expended in accordance with technology improvement plans. The technology fee may apply only to associate degree programs and courses. Fifty percent of technology fee revenues may be pledged by a community college board of trustees as a dedicated revenue source for the repayment of debt, including lease-purchase agreements, not to exceed the useful life of the asset being financed. Revenues generated from the technology fee may not be bonded.

History.--s. 8, ch. 92-136; s. 2, ch. 95-392; s. 60, ch. 96-175; s. 4, ch. 97-169; ss. 34, 39, 44, ch. 97-246; s. 19, ch. 97-307; s. 1, ch. 97-383; s. 9, ch. 98-58; s. 22, ch. 98-280; s. 1, ch. 98-300; s. 3, ch. 98-421; ss. 1, 3, ch. 99-249; s. 2, ch. 99-252; s. 66, ch. 2000-165; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.121  Occupational specialists.--

(1)  District school boards and community college boards of trustees may employ occupational specialists to provide student counseling services and occupational information to students and to provide information to local business and industry regarding the availability of vocational programs through local educational institutions. Under the supervision of a certified counselor, occupational specialists may undertake special assignments that include, but are not limited to, the identification and intensive counseling of current and former students and the parents of such students, as well as counseling students and all education personnel regarding job and career opportunities.

(2)  Occupational specialists shall receive certification pursuant to State Board of Education rule. No occupational specialist may be paid less than any other member of the instructional personnel who has equivalent qualifications and provides similar services. Occupational specialists may receive salary supplements upon documentation that such supplements are necessary for recruiting or retaining suitable personnel.

History.--s. 9, ch. 92-136; s. 49, ch. 94-232; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.125  Computer-assisted student advising.--In conjunction with s. 240.2099, each public secondary school shall provide computer-assisted student advising through which students obtain information related to career descriptions and corresponding educational requirements; institutional admission requirements for state universities, community colleges, and ²area technical centers; and available sources of student financial aid. Such advising must also enable students to examine their interests and aptitudes for the purpose of curricular and career planning.

History.--s. 10, ch. 92-136; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "area technical center" was substituted for the term "area vocational-technical center" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

239.201  Career education instruction.

239.205  State Board of Education rules regarding career education programs; common definitions; criteria for determining program level.

239.209  Career education; management information system.

239.213  Vocational-preparatory instruction.

239.221  Eye-protective devices required in certain vocational courses.

239.225  Vocational Improvement Program.

239.229  Vocational standards.

239.233  Reporting requirements.

239.241  Vocational dual enrollment and early admission.

239.245  Public information on career education programs.

239.251  Florida Education Technology Foundation.

¹239.201  Career education instruction.--

(1)  Adult or certificate career education instruction shall be available to all persons in the region, regardless of previous academic attainment. School boards, community college boards of trustees, and local social service agencies shall cooperate to recruit unemployed and underemployed persons into such programs.

(2)  The minimum support from the school district or community college for career education shall be at least in the amount of local, state, and federal funds that the career education programs earn. Local funds consist of fee revenues generated by students enrolled in workforce development programs.

History.--s. 11, ch. 92-136; s. 10, ch. 94-232; s. 20, ch. 97-307; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.205  State Board of Education rules regarding career education programs; common definitions; criteria for determining program level.--

(1)  The State Board of Education shall adopt, by rule, common definitions for associate in science degrees and for certificates.

(2)  The State Board of Education shall develop guidelines to determine the criteria by which the level of degree or certificate is assigned to a vocational program. The guidelines must ensure that assignments are made at the lowest level possible commensurate with sound professional practice; however, the guidelines must also ensure that assignments are updated for programs that increase in technical complexity or general education requirements beyond the parameters of a certificate program. Institutions may continue to offer existing programs that are assigned to a lower level; however, such programs shall be funded at the assigned level. The State Board of Education shall adopt rules regarding reporting requirements for vocational programs.

History.--s. 12, ch. 92-136; s. 25, ch. 97-246; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.209  Career education; management information system.--

(1)  The commissioner shall coordinate uniform program structures, common definitions, and uniform management information systems for ²career education for all divisions within the department. In performing these functions, the commissioner shall designate deadlines after which data elements may not be changed for the coming fiscal or school year. School districts and community colleges shall be notified of data element changes at least 90 days prior to the start of the subsequent fiscal or school year. Such systems must provide for:

(a)  Individual student reporting.

(b)  Compliance with state and federal confidentiality requirements, except that the department shall have access to the unemployment insurance wage reports to collect and report placement information about former students. Such placement reports must not disclose the individual identities of former students.

(c)  Maximum use of automated technology and records in existing data bases and data systems. To the extent feasible, the Florida Information Resource Network shall be employed for this purpose.

(d)  Annual reports of student enrollment, completion, and placement by program.

(2)  The State Board of Education shall identify, by rule, the components to be included in the vocational management information system. All such components shall be comparable between school districts and community colleges.

(3)  Planning and evaluation of job-preparatory programs shall be based on standard sources of data and use standard occupational definitions and coding structures, including, but not limited to:

(a)  The Florida Occupational Information System;

(b)  The Florida Education and Training Placement Information Program;

(c)  The Department of Labor and Employment Security;

(d)  The United States Department of Labor; and

(e)  Other sources of data developed using statistically valid procedures.

History.--s. 13, ch. 92-136; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

¹239.213  Vocational-preparatory instruction.--

(1)  The State Board for Career Education shall adopt, by rule, standards of basic skill mastery for certificate career education programs. Each school district and community college that conducts certificate career education programs shall provide vocational-preparatory instruction through which students receive the basic skills instruction required pursuant to this section.

(2)  Students who enroll in a certificate career education program shall complete an entry-level examination within the first 6 weeks of admission into the program. The state board shall designate examinations that are currently in existence, the results of which are comparable across institutions, to assess student mastery of basic skills. Any student deemed to lack a minimal level of basic skills for such program shall be referred to vocational-preparatory instruction or adult basic education for a structured program of basic skills instruction. Such instruction may include English for speakers of other languages. A student may not receive a certificate of vocational program completion prior to demonstrating the basic skills required in the state curriculum frameworks for the vocational program.

(3)  Exceptional students, as defined in s. 228.041, may be exempted from the provisions of this section. A student who possesses an associate in arts, baccalaureate, or graduate-level degree, who has completed the college-level communication and computation skills examination pursuant to s. 240.107, or who is exempt from the college entry-level examination pursuant to s. 240.107 may be exempted from the provisions of this section.

History.--s. 14, ch. 92-136; s. 26, ch. 97-246; s. 10, ch. 98-58; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.221  Eye-protective devices required in certain vocational courses.--

(1)  Eye-protective devices shall be worn by students, teachers, and visitors in vocational courses or laboratories when the individual is engaged in or observing an activity or the use of hazardous substances likely to cause injury to the eyes. Activity or the use of hazardous substances likely to cause injury to the eye includes:

(a)  Working with hot molten metals.

(b)  Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid material using power equipment or hand tools.

(c)  Heat treatment and tempering or kiln firing of any metal or other materials.

(d)  Gas or electric arc welding.

(e)  Working with caustic or explosive materials.

(f)  Working with hot liquids or solids, including chemicals that are flammable, caustic, toxic, or irritating.

(2)  School boards and community college boards of trustees shall furnish plano safety glasses or devices for secondary students, may furnish such glasses or devices for other students and teachers, and shall furnish such equipment for all visitors to such classrooms or laboratories, or may purchase such plano safety glasses or devices in large quantities and sell them at cost to students and teachers.

History.--s. 16, ch. 92-136; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.225  Vocational Improvement Program.--

(1)  There is established the Vocational Improvement Program to be administered by the Department of Education pursuant to this section. The priorities for allocation of funds for the program are the development of vocational programs for disadvantaged persons; recruitment, preservice and inservice activities for vocational counselors and teachers; the development of information systems that are compatible between school districts and community colleges; job placement services for vocational completers; the development of exploratory vocational courses; activities that provide faculty articulation for the purpose of integrating vocational and academic instruction; and activities that ensure greater community involvement in career education.

(2)  School boards and community college boards of trustees are eligible to apply for vocational improvement funds; however, priority shall be given to applications in which all community resources, such as private industry and labor organizations, civic groups, and chambers of commerce, are involved in planning, instruction, student services, and employment of program completers.

(3)(a)  There shall be established within the Vocational Improvement Program the Vocational Equipment Challenge Grant Program. Through such program, any school district or community college that collects 50 percent of the cost of equipment from private fund sources and contributes 25 percent of the cost from local fund sources may request a state matching grant for the remaining 25 percent of the cost of equipment. The Legislature shall designate funds to be transferred to the Grants and Donations Trust Fund for the purposes of this subsection. Interest income accruing to the program from funds of the program in the trust fund not allocated shall increase the total funds available for the grants.

(b)  Prior to July 1, 1995, moneys appropriated to the trust fund for the purposes of this subsection shall be set aside in equal portions for school districts and community colleges that conduct ²certificate career education or ³degree career education instruction. Any center that exceeds its allocation shall be eligible to receive additional grants for matching purposes from moneys remaining in the fund after July 1, 1995. If moneys remaining in the fund after July 1, 1995, are insufficient to provide grants for all matching requests, each institution shall be eligible to receive its proportionate share of the moneys based on the dollar value of its combined private and local contributions for equipment purposes. In implementing this subsection, the Department of Education may establish a minimum and maximum allocation from the trust fund after set-aside funds have been allocated.

(4)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year that has been allocated to the program shall remain therein and be available for carrying out the purposes of this section. Each year, the commissioner shall submit, as part of the legislative budget request, a list of applications eligible for funding pursuant to this section and the cost of each such application.

(5)  The State Board for Career Education may adopt rules to implement this program.

History.--s. 17, ch. 92-136; s. 4, ch. 94-232; s. 30, ch. 95-376; s. 4, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "certificate career education" was substituted for the term "postsecondary adult vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

³Note.--The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

¹239.229  Vocational standards.--

(1)  The purpose of career education is to enable students who complete vocational programs to attain and sustain employment and realize economic self-sufficiency. The purpose of this section is to identify issues related to career education for which school boards and community college boards of trustees are accountable. It is the intent of the Legislature that the standards articulated in subsection (2) be considered in the development of accountability standards for public schools pursuant to ss. 229.591, 229.592, and 230.23(16) and for community colleges pursuant to s. 240.324.

(2)(a)  School board, superintendent, and school accountability for career education within elementary and secondary schools includes, but is not limited to:

1.  Student exposure to a variety of careers and provision of instruction to explore specific careers in greater depth.

2.  Student awareness of available vocational programs and the corresponding occupations into which such programs lead.

3.  Student development of individual career plans.

4.  Integration of academic and vocational skills in the secondary curriculum.

5.  Student preparation to enter the workforce and enroll in postsecondary education without being required to complete college-preparatory or vocational-preparatory instruction.

6.  Student retention in school through high school graduation.

7.  Vocational curriculum articulation with corresponding postsecondary programs in the local area technical center or community college, or both.

(b)  School board, superintendent, and area technical center, and community college board of trustees and president, accountability for certificate career education and diploma programs includes, but is not limited to:

1.  Student demonstration of the academic skills necessary to enter an occupation.

2.  Student preparation to enter an occupation in an entry-level position or continue postsecondary study.

3.  Vocational program articulation with other corresponding postsecondary programs and job training experiences.

4.  Employer satisfaction with the performance of students who complete workforce development education or reach occupational completion points.

5.  Student completion, placement, and retention rates as defined in s. 239.233.

(c)  Department of Education accountability for career education includes, but is not limited to:

1.  The provision of timely, accurate technical assistance to school districts and community colleges.

2.  The provision of timely, accurate information to the State Board for Career Education, the Legislature, and the public.

3.  The development of policies, rules, and procedures that facilitate institutional attainment of the accountability standards and coordinate the efforts of all divisions within the department.

4.  The development of program standards and industry-driven benchmarks for vocational, adult, and community education programs, which must be updated every 3 years. The standards must include technical, academic, and workplace skills; viability of distance learning for instruction; and work/learn cycles that are responsive to business and industry.

5.  Overseeing school district and community college compliance with the provisions of this chapter.

6.  Ensuring that the educational outcomes for the technical component of workforce development programs and secondary vocational job-preparatory programs are uniform and designed to provide a graduate of high quality who is capable of entering the workforce on an equally competitive basis regardless of the institution of choice.

7.  No school board or public school shall require a student to participate in any school-to-work or job training program. A school board or school shall not require a student to meet occupational standards for grade level promotion or graduation unless the student is voluntarily enrolled in a job training program.

(3)  Each area technical center operated by a school board shall establish a center advisory council pursuant to s. 229.58. The center advisory council shall assist in the preparation and evaluation of center improvement plans required pursuant to s. 230.23(16) and may provide assistance, upon the request of the center director, in the preparation of the center's annual budget and plan as required by s. 229.555(1).

History.--s. 18, ch. 92-136; s. 64, ch. 97-190; s. 28, ch. 97-246; s. 21, ch. 97-307; s. 11, ch. 98-58; ss. 25, 41, ch. 99-398; s. 67, ch. 2000-165; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.233  Reporting requirements.--

(1)(a)  The Department of Education shall develop a system of performance measures in order to evaluate the vocational and technical education programs as required in s. 239.229. This system must measure program enrollment, completion rates, placement rates, and amount of earnings at the time of placement. Placement and employment information, where applicable, shall contain data relevant to job retention, including retention rates. The State Board of Education shall adopt by rule the specific measures and any definitions needed to establish the system of performance measures.

(b)  To measure and report program enrollment and completion rates, the Department of Education shall use data in the automated student databases generated by the public schools and community colleges. To measure and report placement rates and amount of earnings at the time of placement, the department shall use data in the reports produced by the Florida Education and Training Placement Information Program as required in s. 229.8075. If any placement information is not available from the Florida Education and Training Placement Information Program, the school district or the community college may provide placement information collected by the school district or the community college. However, this supplemental information must be verifiable by the department and must not be commingled with the database maintained by the Florida Education and Training Placement Information Program. The State Board of Education shall specify by rule the statistically valid, verifiable, uniform procedures by which school districts and community colleges may collect and report placement information to supplement the reports from the Florida Education and Training Placement Information Program.

(c)  The State Board of Education shall adopt standards for the department, district school boards, and community college district boards of trustees to use in program planning, program review, and program evaluation. The standards must include, at a minimum, the completion rates, placement rates, and earnings from employment of former students of vocational and technical education programs.

(2)  The State Board of Education shall adopt procedures for reviewing the vocational and technical education programs administered by the district school boards and the community college district boards of trustees when program performance falls below the standards required by this section.

(3)  Annually the department shall compile the reports submitted in compliance with the rules adopted under this section and shall produce a statewide report that addresses the extent to which school districts and community colleges are meeting the standards established under paragraph (1)(c).

(4)  The State Board of Education may adopt any other rules necessary to administer this section.

History.--s. 19, ch. 92-136; s. 11, ch. 94-232; s. 8, ch. 95-392; s. 12, ch. 98-58; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.241  Vocational dual enrollment and early admission.--

(1)  Vocational dual enrollment shall be provided as a curricular option for secondary students to pursue in order to earn a series of elective credits toward the high school diploma. However, vocational dual enrollment may not supplant student acquisition of the diploma. Vocational dual enrollment must be available for a secondary student seeking a degree or certificate from a complete job-preparatory program, but may not sustain student enrollment in isolated vocational courses. It is the intent of the Legislature that student enrollment in a vocational dual enrollment program reflect the interests and aptitudes of the student. The provision of a comprehensive academic and vocational dual enrollment program within the vocational-technical center or community college is supportive of legislative intent; however, such provision is not mandatory.

(2)  Vocational early admission is a form of vocational dual enrollment through which eligible secondary students enroll full time in an ²area technical center or a community college in courses that are creditable toward the high school diploma and the certificate or associate degree. Participation in the vocational early admission program shall be limited to students who have completed a minimum of 6 semesters of full-time secondary enrollment, including studies undertaken in the ninth grade. Students enrolled pursuant to this section are exempt from the payment of registration, matriculation, and laboratory fees.

History.--s. 21, ch. 92-136; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "area technical center" was substituted for the term "area vocational-technical center" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

¹239.245  Public information on career education programs.--

(1)  Beginning in the 1994-1995 school year, as a public service, the Department of Education shall disseminate information derived from the reports required by s. 239.233. The department shall ensure that the information disseminated does not name or otherwise identify a student, a former student, or the student's employer.

(2)  The dissemination shall be conducted in accordance with the following procedures:

(a)  Annually, the Department of Education shall publish the placement rates and average quarterly earnings for students who complete each type of certificate career education program and degree career education program. This information must be aggregated to the state level and must be included in any accountability reports. A program that was created or modified so that placement rates cannot be calculated must be so identified in such reports.

(b)1.  Each school district shall publish, at a minimum, the most recently available placement rate for each certificate career education program conducted by that school district at the secondary school level and at the degree career education level. The placement rates for the preceding 3 years shall be published, if available; shall be included in each publication that informs the public of the availability of the program; and shall be made available to each school guidance counselor. If a program does not have a placement rate, a publication that lists or describes that program must state that the rate is unavailable.

2.  Each community college shall publish, at a minimum, the most recent placement rate for each certificate career education program and for each degree career education program in its annual catalog. The placement rates for the preceding 3 years shall be published, if available, and shall be included in any publication that informs the public of the availability of the program. If a program does not have a placement rate, the publication that lists or describes that program must state that the rate is unavailable.

3.  If a school district or a community college has calculated for a program a placement rate that differs from the rate reported by the department, and if each record of a placement was obtained through a process that was capable of being audited, procedurally sound, and consistent statewide, the district or the community college may use the locally calculated placement rate in the report required by this section. However, that rate may not be combined with the rate maintained in the computer files of the Department of Education's Florida Education and Training Placement Information Program.

4.  An independent ²degree career education, technical, trade, or business school may not publish a placement rate unless the placement rate was determined as provided by this section.

History.--s. 22, ch. 92-136; s. 12, ch. 94-232; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

¹239.251  Florida Education Technology Foundation.--

(1)  The purpose of this section is to provide a mechanism by which the business community in this state can directly participate in providing assistance to the growth and development of education enhancement in this state through contributions to special state-sponsored investment funds. The purpose of such funds is to provide funding for computers, computer technology, training in computer education, and scholarships for business-related careers for the education system, including kindergarten through 12th grade, community colleges, and universities.

(2)  The Florida Education Technology Foundation is created as a nonprofit corporation for the purpose of establishing a series of state-sponsored investment funds to be known as Florida's Future Investment Funds. The purpose of such funds is to provide a source of revenue which shall be used by the foundation to provide funding for:

(a)  Buying and maintaining computers and computer-related technology for all levels of the education system supported in whole or in part with public funds in this state.

(b)  Training teachers and faculty to use computer equipment and technology and to teach the effective use of computer equipment and technology.

(c)  Scholarships for business-related fields.

(3)  The foundation shall be governed by a board of directors consisting of 11 members, 1 of whom shall be the Commissioner of Education or his or her designee, 1 of whom shall be the Treasurer or his or her designee, 1 of whom shall be appointed by the President of the Senate, 1 of whom shall be appointed by the Speaker of the House of Representatives, and the remaining 7 of whom shall initially be appointed by the Florida Council of 100 from membership of the council and thereafter shall be elected by the corporations and businesses that contribute moneys to a Florida's Future Investment Fund. Of the first members appointed by the Florida Council of 100, three shall be appointed for a term of 1 year and four shall be appointed for a term of 2 years. Thereafter, those members shall be elected and shall serve for terms of 4 years. Each corporation shall receive one vote for investing up to $25 million in a Florida's Future Investment Fund and shall receive an additional vote for each additional investment of $25 million. A chair shall be elected by the members of the board, and the board shall meet at the call of the chair. In no event shall the state or its officers, employees, or agencies be liable for the actions of the foundation, its directors, or the fund managers.

(4)  The foundation shall establish Florida's Future Investment Funds for the purpose of investing moneys placed in such funds by corporations and businesses in this state and receiving a portion of such interest to be used as provided in subsection (2). The board of directors shall provide for the administration and management of such funds to maximize the return on investment of moneys in such funds. The board of directors may hire outside managers to administer and invest the moneys in the Florida's Future Investment Funds. The board shall prescribe the level of prudence and ethical standards to be followed by the fund managers. Alternatively, moneys in the Florida's Future Investment Funds may be invested by the State Board of Administration in accordance with a trust agreement entered into between the board of directors and the State Board of Administration in accordance with ss. 215.44-215.53. It is the intent of the Legislature that administrative fees be as low as possible. The staff of the Commissioner of Education shall serve as support staff for the board of directors.

(5)  A corporation or business participating in a Florida's Future Investment Fund shall contribute a portion of the interest earned on investments of moneys in the fund to the Florida Education Technology Foundation to be used as provided in subsection (2). The portion of interest earned and donated may be determined by action of the board of directors of the foundation.

(6)  The provisions of chapter 119, relating to public records and chapter 286, relating to public meetings apply to all records and meetings of the foundation. The financial records of the foundation must be made available to the Auditor General for postaudit purposes.

(7)  Within 90 days after its organization, the foundation shall develop a business plan for the conduct of its financial operations. Moneys realized from investment gains must be distributed to schools in a manner consistent with the business plan. Such moneys shall not be subject to appropriation by the Legislature, and no school shall have any other distribution of funds to which it is entitled reduced, compromised, or supplanted as a result of its receipt of moneys from the foundation.

History.--s. 1, ch. 97-188; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

239.301  Adult general education.

239.305  Adult literacy.

239.309  Adult literacy centers.

¹239.301  Adult general education.--

(1)(a)  The intent of this section is to encourage the provision of educational services that will enable adults to acquire:

1.  The basic skills necessary to attain basic and functional literacy.

2.  A high school diploma or successfully complete the general educational development test.

3.  An educational foundation that will enable them to become more employable, productive, and responsible citizens.

(b)  It is further intended that educational opportunities be available for adults, regardless of possession of a diploma or high school equivalency diploma, whose performance on standard assessments indicates that such adults lack the basic skills necessary to function effectively in everyday situations, to enter the job market, or to enter ²certificate career education instruction.

(2)  The adult education program must provide academic services to students in the following priority:

(a)  Students who demonstrate skills at less than a fifth grade level, as measured by tests approved for this purpose by the State Board of Education, and who are studying to achieve basic literacy.

(b)  Students who demonstrate skills at the fifth grade level or higher, but below the ninth grade level, as measured by tests approved for this purpose by the State Board of Education, and who are studying to achieve functional literacy.

(c)  Students who are earning credit required for a high school diploma or who are preparing for the general educational development test.

(d)  Students who have high school diplomas and require specific improvement in order to:

1.  Obtain or maintain employment or benefit from ²certificate career education programs;

2.  Pursue a postsecondary degree; or

3.  Develop competence in the English language to qualify for employment.

(e)  Students who enroll in lifelong learning courses or activities that seek to address community social and economic issues that consist of health and human relations, government, parenting, consumer economics, and senior citizens.

(f)  Students who enroll in courses that relate to the recreational or leisure pursuits of the students. The cost of courses conducted pursuant to this paragraph shall be borne by the enrollees.

(3)(a)  Each school board or community college board of trustees shall negotiate with the regional workforce board for basic and functional literacy skills assessments for participants in the welfare transition employment and training programs. Such assessments shall be conducted at a site mutually acceptable to the school board or community college board of trustees and the regional workforce board.

(b)  State employees who are employed in local or regional offices of state agencies shall inform clients of the availability of adult basic and secondary programs in the region. The identities of clients who do not possess high school diplomas or who demonstrate skills below the level of functional literacy shall be conveyed, with their consent, to the local school district or community college, or both.

(c)  To the extent funds are available, the Department of Children and Family Services shall provide for day care and transportation services to clients who enroll in adult basic education programs.

(4)(a)  Adult basic and secondary education and vocational-preparatory courses shall be evaluated and funded as provided in s. 239.115.

(b)  Fees may not be charged for adult basic instruction for students who demonstrate literacy skills below the eighth grade level or for adult basic or secondary education for students who have not obtained high school diplomas. Other students who have a high school diploma or a high school equivalency diploma and who enroll in adult basic or secondary instruction shall pay fees pursuant to s. 239.117 and rules of the State Board of Education.

(c)  The State Board of Education shall define, by rule, the levels and courses of instruction to be funded through the college-preparatory program. The state board shall coordinate the establishment of costs for college-preparatory courses, the establishment of statewide standards that define required levels of competence, acceptable rates of student progress, and the maximum amount of time to be allowed for completion of college-preparatory instruction. College-preparatory instruction is part of an associate in arts degree program and may not be funded as a workforce development education program.

(d)  Expenditures for college-preparatory and lifelong learning students shall be reported separately. Allocations for college-preparatory courses shall be based on proportional full-time equivalent enrollment. Program review results shall be included in the determination of subsequent allocations. A student shall be funded to enroll in the same college-preparatory class within a skill area only twice, after which time the student shall pay 100 percent of the full cost of instruction to support the continuous enrollment of that student in the same class; however, students who withdraw or fail a class due to extenuating circumstances may be granted an exception only once for each class, provided approval is granted according to policy established by the board of trustees. Each community college shall have the authority to review and reduce payment for increased fees due to continued enrollment in a college-preparatory class on an individual basis contingent upon the student's financial hardship, pursuant to definitions and fee levels established by the State Board of Community Colleges. College-preparatory and lifelong learning courses do not generate credit toward an associate or baccalaureate degree.

(e)  A district school board or a community college board of trustees may negotiate a contract with the regional workforce board for specialized services for participants in the welfare transition program, beyond what is routinely provided for the general public, to be funded by the regional workforce board.

(5)(a)  An educational program for disabled adults may be conducted within and funded through the Workforce Development Education Fund or the Community College Program Fund. Each school board or community college board of trustees that has an educational program for disabled adults shall submit a plan to the commissioner which includes, at a minimum:

1.  A description of the population to be served and an estimation of the number of such students.

2.  A description of the courses and programs in the program, including corresponding expected student outcomes.

3.  Provision for individualized educational plans and periodic student evaluation.

4.  An interagency memorandum of agreement that provides for the coordination of adult education, career education, exceptional student education, the Department of Children and Family Services, vocational rehabilitation, and other local organizations whose adult disabled clients participate in the program.

5.  Provision for coordination of services, if both the community college and one or more school districts within the service area have approved programs for disabled adults.

6.  Provision for a single administrator for adult courses and programs for the disabled.

(b)  Each participating school board and community college board of trustees shall submit an annual plan to the commissioner on or before March 1 which reports progress toward meeting the goals stated in the plan. The report must identify the number of students served, by head count and full-time equivalent enrollments, the number and location of courses and programs, and clock-hour length of each course or program.

(c)  The State Board of Education shall adopt entrance and exit criteria, curriculum frameworks, and performance standards for disabled adult programs.

(d)  This subsection is not intended to discourage a school district or community college from providing educational services for disabled adults through classes in which nondisabled adults participate; however, in order to receive state funding designated especially for the program, a school district or community college must have an approved program for adult, disabled students, and each student reported for funding pursuant to this subsection must have been determined to be a disabled adult.

(6)  If students who have been determined to be adults with disabilities are enrolled in workforce development programs, the funding formula must provide additional incentives for their achievement of performance outputs and outcomes.

(7)  If the plan for a program for adults with disabilities pursuant to subsection (5) indicates that there are students whose expected time to completion exceeds twice that of a similar program for nondisabled students, or if there are students enrolled whose individual education plan does not include competitive employment, those students shall generate funds in addition to funds from the workforce development fund, as provided in the annual General Appropriations Act.

(8)  The commissioner shall recommend the level of funding for public school and community college adult education within the legislative budget request and make other recommendations and reports considered necessary or required by rules of the state board.

(9)  Upon the request of any school board or community college board of trustees, the Department of Education shall provide technical assistance in the development and maintenance of adult education programs.

(10)  Buildings, land, equipment, and other property owned by a school board or community college board of trustees may be used for the conduct of the adult education program. Buildings, land, equipment, and other property owned or leased by cooperating public or private agencies, organizations, or institutions may also be used for the purposes of this section.

(11)  The State Board of Education may adopt rules necessary for the implementation of this section.

History.--s. 23, ch. 92-136; s. 3, ch. 95-392; s. 62, ch. 96-175; ss. 7, 40, 45, ch. 97-246; s. 23, ch. 97-307; s. 13, ch. 98-58; s. 40, ch. 99-8; s. 1, ch. 99-150; s. 68, ch. 2000-165; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "certificate career education" was substituted for the term "postsecondary adult vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

¹239.305  Adult literacy.--

(1)(a)  An adult, individualized literacy instruction program is created for adults who possess literacy skills below the ninth grade level. The purpose of the program is to provide self-paced, competency-based, individualized tutorial instruction. The commissioner shall administer this section in coordination with the State Board of Community Colleges, local school boards, and the Division of Library and Information Services of the Department of State.

(b)  Local adult, individualized literacy instruction programs may be coordinated with local public library systems and with public or private nonprofit agencies, organizations, or institutions. A local public library system and a public or private nonprofit agency, organization, or institution may use funds appropriated for the purposes of this section to hire program coordinators. Such coordinators shall offer training activities to volunteer tutors and oversee the operation of local literacy programs. A local public library system and a public or private nonprofit agency, organization, or institution may also purchase student instructional materials and modules that instruct tutors in the teaching of basic and functional literacy and English for speakers of other languages. To the extent funds are appropriated, cooperating local library systems shall purchase, and make available for loan, reading materials of high interest and with a vocabulary appropriate for use by students who possess literacy skills below the ninth grade level and students of English for speakers of other languages.

(2)(a)  The adult literacy program is intended to increase adult literacy as prescribed in the agency functional plan of the Department of Education. The commissioner shall establish guidelines for the purpose of determining achievement of this goal.

(b)  Each participating local sponsor shall submit an annual report to the commissioner which must contain information to demonstrate the extent to which there has been progress toward increasing the percentage of adults within the service area who possess literacy skills.

(c)  Based on the information provided from the local reports, the commissioner shall develop an annual status report on literacy and adult education.

(3)  Funds appropriated for the purposes of this section shall be allocated as grants for implementing adult literacy programs. Such funds may not be used to supplant funds used for activities that would otherwise be conducted in the absence of literacy funding. A grant awarded pursuant to this section may not exceed $50,000. Priority for the use of such funds shall be given to paying expenses related to the instruction of volunteer tutors, including materials and the salary of the program coordinator. Local sponsors may also accept funds from private sources for the purposes of this section.

(4)(a)  The commissioner shall submit a state adult literacy plan to the State Board of Education to serve as a reference for school boards and community colleges to increase adult literacy in their service areas as prescribed in the agency functional plan of the Department of Education. The plan must include, at a minimum:

1.  Policies and objectives for adult literacy programs, including evaluative criteria.

2.  Strategies for coordinating adult literacy activities with programs and services provided by other state and local nonprofit agencies, as well as strategies for maximizing other funding, resources, and expertise.

3.  Procedures for identifying, recruiting, and retaining adults who possess literacy skills below the ninth grade level.

4.  Sources of relevant demographic information and methods of projecting the number of adults who possess literacy skills below the ninth grade level.

5.  Acceptable methods of demonstrating compliance with the provisions of this section.

6.  Guidelines for the development and implementation of local adult literacy plans. At a minimum, such guidelines must address:

a.  The recruitment and preparation of volunteer tutors.

b.  Interagency and intraagency cooperation and coordination, especially with public libraries and other sponsors of literacy programs.

c.  Desirable learning environments, including class size.

d.  Program evaluation standards.

e.  Methods for identifying, recruiting, and retaining adults in literacy programs.

f.  Adult literacy through family literacy and workforce literacy programs.

(b)  Every 3 years, the school board or community college board of trustees shall develop and maintain a local adult literacy plan.

History.--s. 24, ch. 92-136; s. 29, ch. 97-246; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.309  Adult literacy centers.--

(1)  The Commissioner of Education shall select community colleges and public school districts to establish and operate adult literacy centers to complement existing public and private instructional adult literacy programs. The centers shall identify, contact, counsel, and refer persons considered to be lacking basic or functional literacy skills or competencies related to prose, document, and quantitative literacy skills to the appropriate private and public agencies, including human service agencies. The centers may not duplicate or supplant the existing services provided by public and private agencies operating within the district.

(2)  In selecting program participants, the Commissioner of Education shall, at a minimum, consider the extent to which:

(a)  Cooperative arrangements with other state and local agreements and innovative approaches will be used for carrying out the role of the center;

(b)  Similar services are provided within the service delivery area;

(c)  The program objectives may be accomplished within the budget request;

(d)  Provisions are made for monitoring program performance; and

(e)  Fiscal controls and fund accounting procedures exist to ensure proper use of, and accounting for, the program funds.

(3)  The activities and funding of center operations shall be reported in a separate and distinct manner.

(4)  The State Board of Education shall develop rules for implementing this section, including criteria for evaluating the performance of the centers, and shall submit an evaluation report of the centers to the Legislature on or before February 1 of each year.

History.--s. 25, ch. 92-136; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

239.401  Community education.

¹239.401  Community education.--

(1)  Pursuant to this section and State Board of Education rule, each school board and the Board of Trustees for the Florida School for the Deaf and Blind may apply to the Department of Education for a community education grant. An applicant shall include in the grant application a description of the community education program and process through which the program is developed. The department shall give priority to applications that include:

(a)  Centers that serve the most students within available resources.

(b)  Programs for which funds are matched by the Federal Government or other nonstate sources and which are appropriate within the context of community education.

(c)  Programs that provide before-school and after-school activities for children.

(2)(a)  Each school board may employ community education coordinators to promote, coordinate, organize, and administer community education programs; however, any school board that receives a grant pursuant to this section shall employ a full-time community education coordinator. Funds allocated for grants pursuant to this section may not exceed one-half of the total compensation of each community education coordinator for the fiscal year for which the grant is awarded. For boards that receive first-time community education grants after June 30, 1992, funds may not exceed one-half of the total compensation of part-time community education coordinators. Such first-time grants may be awarded annually for 3 consecutive years. Upon completion of the 3-year period, school boards must employ a full-time community education coordinator in order to receive grant funds for the purposes of this section.

(b)  In addition to funds allocated pursuant to paragraph (a), the department shall allocate operational funds for community education grants pursuant to State Board of Education rule. Such funds shall be expended for materials, supplies, and part-time clerical assistance.

(3)  Upon request by a school board, the department shall provide the technical assistance necessary to develop and maintain a community education program.

(4)  The commissioner shall recommend funding for community education through the legislative budget request each fiscal year and make any other recommendations or reports necessary or required by State Board of Education rule.

(5)  The buildings, land, equipment, and other property owned by a school board may be shared or leased for the provision of community education. A school board, with other governmental bodies, may acquire, own, maintain, and dispose of real and personal property for use in community education.

(6)  A school board and a community college board of trustees may develop a community education agreement and submit a joint grant application. If the application is funded, either board may transfer all or part of the funds to the other as specified in the agreement.

History.--s. 26, ch. 92-136; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

239.501  Florida Literacy Corps.

239.505  Florida constructive youth programs.

239.513  Workforce literacy programs.

239.514  Workforce Development Capitalization Incentive Grant Program.

239.5141  Workforce Development Information System; development; phases.

¹239.501  Florida Literacy Corps.--

(1)  It is the intent of the Legislature that eligible postsecondary students be offered an opportunity to perform public service by serving as volunteer tutors for adults who do not possess basic or functional literacy skills.

(2)  There is created a Florida Literacy Corps to be administered by the Department of Education pursuant to this section and rules of the State Board of Education. Participating students earn college credit for tutoring adults who do not possess basic or functional literacy skills pursuant to an agreement between the institution in which the student is enrolled and the school board, community college board of trustees, public library, or nonprofit organization offering literacy instruction to adults pursuant to s. 239.305. The school board, community college board of trustees, public library, or nonprofit organization is solely responsible for providing literacy programs and instructing participating postsecondary students.

(3)  In order to be eligible to participate in the Florida Literacy Corps, a student must:

(a)  Be enrolled in an eligible state university or community college at least half time and be in good standing, as defined by the institution.

(b)  Have completed at least 12 semester hours of college-level coursework that applies toward an associate in arts or baccalaureate degree.

(c)  Have attained a passing score on one of the postsecondary entry-level examinations approved pursuant to State Board of Education rule, be exempt from the administration of such examination, or have successfully completed any required college-preparatory instruction.

(4)  In order to be eligible to participate in the Florida Literacy Corps, a state university or community college must:

(a)  Establish one or more undergraduate or graduate courses, or both, in which participating students may earn a maximum of 3 credit hours per semester, and a maximum of 6 credit hours over two or more semesters, by tutoring adults who do not possess basic or functional literacy skills. The institution shall establish such courses in the common course designation and numbering system. The courses must require students to complete instruction for prospective tutors, tutor adults for at least 25 hours per semester for each hour of credit awarded, and satisfy any other requirements imposed by the institution.

(b)  Submit a proposal to the Department of Education for review and approval. The proposal must include, but is not limited to:

1.  Identification of the school district, community college, public library, or nonprofit organization with which participating students will be working.

2.  Demonstration of the need for literacy tutors by the school district, community college, public library, or nonprofit organization.

3.  Demonstration of commitment by the public school, community college, public library, or nonprofit organization to provide instruction for tutors.

4.  Description of the literacy program.

5.  Demonstration of student interest in program participation.

6.  Designation of one or more faculty to conduct the Florida Literacy Corps course and identification of the qualifications of such faculty.

(5)  From funds appropriated for the purposes of this section, the department shall allocate an amount for each approved proposal based on the number of students approved for enrollment and subsequently enrolled in Florida Literacy Corps courses.

(6)  Each participating state university and community college shall submit an annual report to the Commissioner of Education which includes, but is not limited to:

(a)  The number of hours of tutoring conducted by participating students.

(b)  The number of students enrolled in the courses.

(c)  The number of students who successfully complete the courses.

(d)  An evaluation of the tutors' effectiveness as judged by the participating school district, community college, public library, or nonprofit organization. The department shall develop a common evaluation form for this purpose.

(e)  The number of full-time equivalent enrollments generated by the participating students.

(7)  The department shall compile the annual reports into a single, annual programmatic report to be submitted to the State Board of Education by December 1 of each year.

History.--s. 27, ch. 92-136; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.505  Florida constructive youth programs.--

(1)  TITLE.--This section may be cited as the "Florida Constructive Youth Act."

(2)  PURPOSE.--The purpose of the Florida Constructive Youth Act is:

(a)  To enable economically disadvantaged youths or youths who have dropped out of school to obtain the education, employment, and leadership skills necessary to achieve economic self-sufficiency while providing assistance to their communities.

(b)  To provide communities the opportunity to establish or rebuild neighborhood stability in economically depressed and low-income areas, as well as historic areas requiring restoration or preservation, while providing economically disadvantaged youths or retrieved school dropouts an opportunity for a meaningful return to society.

(c)  To allow communities to expand the supply of affordable housing for homeless and other low-income individuals by using the energies and talents of economically disadvantaged youths or retrieved school dropouts.

(3)  PROGRAM CRITERIA AND YOUTH ELIGIBILITY.--Each district school board, consortium of district school boards, or community college board of trustees is authorized and encouraged to coordinate a constructive youth program through its community education or ²career education departments. A consortium may include non-school-district-related public or private agencies, provided the school district or districts or community college maintains authority and control over the activities and operations of the consortium. All programs funded pursuant to this section shall provide for strong youth and community involvement. In addition, funding provided under this section shall be used by each constructive youth program to provide, at minimum, the following:

(a)  Services and activities designed to meet the educational needs of participants, including, but not limited to, basic skills instruction and remedial education, secondary education services and activities that lead to the attainment of a high school diploma or its equivalent, and classroom training in construction terminology and concepts.

(b)  Appropriate services including, but not limited to, training to develop job skills and to assist participants in obtaining and retaining future employment, coordination and integration with apprenticeship programs, placement in unsubsidized employment, and followup counseling and services for participants placed in unsubsidized employment.

(c)  Establishment of a youth council, or coordination with an existing council or other suitable entity, including, but not limited to, a children's services council, a juvenile welfare board, a private industry council, or a community development group, in which participants are afforded leadership opportunities to develop such skills as decisionmaking, public speaking, negotiating, and management and policymaking authority over specific aspects of the program. Each program must encourage participants' membership in vocational student organizations within the community.

(d)  Counseling services designed to assist participants to positively participate in society, which may include, but are not limited to: outreach, assessment, and orientation; individual and peer counseling; life skills training; drug and alcohol abuse education and prevention; and referral to appropriate drug rehabilitation, medical, mental health, legal, housing, and other services and resources in the community.

(e)  Employment opportunities in the projects described in subsection (10), such employment to be integrated with appropriate skills training and coordinated with appropriate vocational and apprenticeship programs with advanced placement status upon completion, to the extent feasible. Employment positions must afford participants an opportunity to use the knowledge and skills obtained pursuant to the requirements of paragraph (a).

(f)  Eligibility for participation, for a period not exceeding 24 months, in a constructive youth program that receives assistance under this section if the individual is:

1.  Sixteen to 24 years of age, inclusive.

2.  A school dropout or an economically disadvantaged youth.

3.  Unemployed.

(g)  Determination by each district and community college as to when a participant has obtained the appropriate educational, employment, and leadership skills to complete the program and awarding of a certificate of achievement to the participant. This certificate is in addition to any high school diploma or high school equivalency diploma received by the participant.

(4)  FUNDING.--Each district school board or community college board of trustees wishing to implement a constructive youth program must submit a comprehensive plan to the Department of Education no later than October 1 of the preceding school year, which plan must include a list of all funding sources, including, but not limited to:

(a)  Funds available for programs authorized under the Dropout Prevention and Academic Intervention Act, as provided in s. 230.2316.

(b)  The Vocational Improvement Program, as provided in s. 239.225.

(c)  Florida private sector and education partnerships, as provided in s. 229.602.

(d)  The Job Training Partnership Act, as provided in Pub. L. No. 97-300, as it may be amended.

(e)  The Housing Predevelopment Fund, as provided in s. 420.525.

(f)  Local government contributions.

(g)  Appropriations, donations, gifts, and grants from private individuals or corporations.

(h)  Grants provided by the United States Department of Housing and Urban Development.

(i)  Grants provided by the United States Department of Agriculture - Rural Development.

(j)  Any grant or other financial assistance from the Federal Government for or in aid of any dropout prevention or retrieval, adult education, community education, career education, housing, neighborhood renewal or revitalization, or historic restoration or preservation project or program.

(k)  Any grant or other financial assistance from the state for or in aid of any dropout prevention or retrieval, adult education, community education, career education, housing, neighborhood renewal or revitalization, or historic restoration or preservation project or program.

(5)  FUNDING AUTHORIZATION.--The Legislature hereby authorizes all state and local government agencies to award funds on a priority basis to constructive youth programs operating pursuant to the provisions of this section, which funds are derived from sources described in subsection (4).

(6)  WAGES.--Any youth employed in activities assisted under this section shall be paid wages or a stipend in an amount not less than the minimum wage under s. 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. s. 206(a)(1)).

(7)  EDUCATIONAL STANDARDS.--Any educational program or activity supported with funds provided under this section must be consistent with applicable state and local educational standards. Standards and procedures with respect to the awarding of academic credit and certifying educational attainment in such programs must be consistent with applicable state and local educational standards.

(8)  LABOR STANDARDS.--Any program supported with funds provided under this section must be consistent with applicable federal, state, and local labor laws and standards, including all laws relating to child labor, equal employment, citizenship, and nondiscrimination.

(9)  PROGRAM ELIGIBILITY.--Each school board or community college board of trustees requesting funding for a constructive youth program shall submit an application to the Department of Education, which is authorized to approve, continue, or terminate constructive youth programs, pursuant to the rules established by the State Board of Education. In addition to other criteria required by this section, each program shall submit continuing data to the department which must include, at a minimum, the following:

(a)  Planning data to:

1.  Describe the education, training activities and services, and work opportunities that will be provided to participants.

2.  Describe the proposed construction or rehabilitation activities to be undertaken and the anticipated schedule for carrying out such activities.

3.  Describe the educational services, job training, supportive services, and other services and activities that will be provided to participants.

4.  Describe the manner in which participants will be recruited and selected, including a description of arrangements and agreements that will be made with community-based organizations, state and local educational agencies, federal agencies, public assistance agencies, juvenile courts, foster care agencies, and other applicable public and private agencies or organizations.

5.  Describe the special outreach efforts that will be undertaken to recruit eligible young women, including women with dependent children.

6.  Describe the special outreach efforts that will be undertaken to recruit eligible young farmworkers or migrant workers.

7.  Describe how the proposed program will be coordinated with federal, state, and local programs, including vocational and adult education programs, teenage parent programs, job training programs provided with funds available under the Job Training Partnership Act, housing and economic development projects, and activities or projects that receive assistance under federal and state housing and community development statutes.

8.  Provide a tentative budget.

9.  Provide assurances that there will be a sufficient number of educational support employees, instructional personnel certified by the state pursuant to s. 231.17, and supervisory personnel in each program, and that these supervisory personnel are adequately trained in the skills needed to carry out the program.

10.  Describe all activities that will be undertaken to develop the leadership skills of participants.

11.  Set forth such other assurances, arrangements, and conditions as the department considers appropriate to carry out the purposes of this section.

(b)  Implementation data to:

1.  Describe the method of implementing and conducting the program and identify all services that will be made available to participants pursuant to the contents of planning materials submitted pursuant to paragraph (a).

2.  Provide a detailed budget.

3.  Describe the strategy utilized for interagency coordination in order to maximize existing human and fiscal resources.

4.  Provide copies of all contracts and arrangements entered into between the constructive youth program and other agencies or entities.

5.  Set forth such other assurances, arrangements, and conditions as the department considers appropriate to carry out the purposes of this program.

(c)  Continuation data to:

1.  Provide information on evaluation procedures used to measure performance of participants.

2.  Provide information on the number of participants who achieve a high school diploma or a high school equivalency diploma prior to completion, upon completion, or within 6 months after completion of the constructive youth program.

3.  Provide information on the level of education obtained by participants who do not obtain a high school or high school equivalency diploma.

4.  Provide information on the effectiveness of the program, including cost-effectiveness.

5.  Provide a detailed anticipated budget for continuation of the program and list all sources of funding requested, both public and private.

6.  Describe procedures used for early identification of youths at risk of dropping out of the program and methods for retrieval of these youths.

7.  Describe the degree to which the program's objectives and activities are consistent with the goals of this section.

8.  Set forth such other assurances, arrangements, and conditions as the department considers appropriate to carry out the purposes of this section.

(d)  Dissemination data to:

1.  Develop a manual that includes a presentation of the intent and goals of the program, the degree to which the program's objectives have been met, examples of successful practices, identification of resources available to supplement the program's budget, and other information that will assist in the successful implementation of the program by another school district or community college.

2.  Provide detailed information on the various programs and activities available to participants and the successful or unsuccessful utilization of the various programs and activities by participants.

3.  Provide, in detail, any changes in the basic format of the constructive youth program or its implementation and administration.

(10)  ELIGIBLE PROJECTS.--Assistance shall be used by each constructive youth program to support the construction, maintenance and repair, renovation, or rehabilitation of real property as described in this subsection:

(a)  Residential rental housing projects for homeless and other low-income individuals and families.

(b)  Residential rental housing projects for teenage parents who are participating or have participated in a constructive youth program.

(c)  Transitional or emergency housing for the homeless.

(d)  Housing for the disabled.

(e)  Residential rental housing projects that meet the following requirements:

1.  At least 50 percent of the units must be occupied by, or be available for occupancy by, lower income families having incomes less than 60 percent of the area median income as determined by the United States Bureau of the Census, adjusted for family size.

2.  The remaining units must be occupied by, or be available for occupancy by, lower income families having incomes less than 80 percent of the area median income as determined by the United States Bureau of the Census, adjusted for family size.

(f)  Senior citizen centers in economically depressed and low-income areas.

(g)  Community centers in economically depressed and low-income areas.

(h)  Parks and recreation areas in economically depressed and low-income areas and such areas used primarily by the disabled.

(i)  Historic buildings as determined by the Department of State or the National Register of Historic Places.

(j)  Educational facilities, educational plants, and ancillary plants.

(11)  INTERAGENCY COOPERATION.--Constructive youth programs must be coordinated with education, social service, law enforcement, prosecutorial, juvenile justice, housing, labor, and community development agencies and private industry councils in the school district.

(12)  RULES.--The State Board of Education may amend existing rules and adopt new rules necessary to implement the provisions of this section.

History.--s. 28, ch. 92-136; s. 52, ch. 93-120; s. 2, ch. 95-143; s. 31, ch. 95-376; s. 3, ch. 96-221; s. 90, ch. 96-406; s. 8, ch. 97-79; s. 42, ch. 97-167; s. 8, ch. 99-5; s. 73, ch. 99-398; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

¹239.513  Workforce literacy programs.--

(1)  The workforce literacy program is established within the community college system and local school districts to ensure the existence of sufficient numbers of employees who possess the skills necessary to perform in entry-level occupations and to adapt to technological advances in the workplace. Workforce literacy programs are intended to support economic development by increasing adult literacy and producing an educated workforce.

(2)  Each community college and school district may conduct courses and programs through which adults gain the communication and computation skills necessary to complete a vocational program, to gain or maintain entry-level employment, or to upgrade employment. Courses may not be conducted until the community college or school district identifies current and prospective employees who do not possess the skills necessary to enter vocational programs or to obtain or maintain employment.

(3)  A community college or school district may be eligible to fund a workforce literacy program pursuant to the provisions of s. 239.305.

History.--s. 30, ch. 92-136; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.514  Workforce Development Capitalization Incentive Grant Program.--The Legislature recognizes that the need for school districts and community colleges to be able to respond to emerging local or statewide economic development needs is critical to the workforce development system. The Workforce Development Capitalization Incentive Grant Program is created to provide grants to school districts and community colleges on a competitive basis to fund some or all of the costs associated with the creation or expansion of workforce development programs that serve specific employment workforce needs.

(1)  Funds awarded for a workforce development capitalization incentive grant may be used for instructional equipment, laboratory equipment, supplies, personnel, student services, or other expenses associated with the creation or expansion of a workforce development program. Expansion of a program may include either the expansion of enrollments in a program or expansion into new areas of specialization within a program. No grant funds may be used for recurring instructional costs or for institutions' indirect costs.

(2)  The Postsecondary Education Planning Commission shall accept applications from school districts or community colleges for workforce development capitalization incentive grants. Applications from school districts or community colleges shall contain projected enrollments and projected costs for the new or expanded workforce development program. The Postsecondary Education Planning Commission, in consultation with the Jobs and Education Partnership, the Department of Education, and the State Board of Community Colleges, shall review and rank each application for a grant according to subsection (3) and shall submit to the Legislature a list in priority order of applications recommended for a grant award.

(3)  The commission shall give highest priority to programs that train people to enter high-skill, high-wage occupations identified by the Workforce Estimating Conference and other programs approved by Workforce Florida, Inc.; programs that train people to enter occupations under the welfare transition program; or programs that train for the workforce adults who are eligible for public assistance, economically disadvantaged, disabled, not proficient in English, or dislocated workers. The commission shall consider the statewide geographic dispersion of grant funds in ranking the applications and shall give priority to applications from education agencies that are making maximum use of their workforce development funding by offering high-performing, high-demand programs.

History.--s. 2, ch. 98-58; s. 69, ch. 2000-165; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹239.5141  Workforce Development Information System; development; phases.--The Legislature finds that changes in workforce development education required by chapter 97-307, Laws of Florida, require the development of an information infrastructure that has been adequately tested and retrofitted. The Legislature further finds that, to be adequate for calculating funding levels for programs conducted by both school districts and community colleges, a single Workforce Development Information System must be developed in an orderly, phased process with resources adequate to make the changes identified in the final report of the Commissioner's Task Force on Workforce Development. Therefore, the Department of Education, school districts, and community colleges shall cooperate to implement the following schedule:

(1)  By July 1, 1998, as recommended by the task force, implement the additional reporting sequences, revised data elements, and combined individually identifiable student information from the student databases maintained by the Division of Community Colleges and the Division of Public Schools. Individually identifiable student information shall be reported only as required for making funding decisions as required by s. 239.115, the recommendations of the Commissioner's Task Force on Workforce Development, and the General Appropriations Act. These divisions shall cooperate with the Office of Workforce Education Outcome Information Services of the Department of Education to conduct the joint data element review process recommended in the task force report.

(2)  On November 1, 1998; April 1, 1999; and June 1, 1999, provide the commissioner with a progress report on the implementation of the recommendations of the Commissioner's Task Force on Workforce Development. The report must identify any problems that might impede implementation and describe activities taken to correct them.

(3)  By December 1, 1998:

(a)  Design specifications for the collection and reporting of data and performance specifications for the Workforce Development Information System. This design must enable parallel reporting and state-level access of workforce data necessary to use the data reports as a basis for calculating funding allocations. In addition, the design must be capable of providing reports necessary to comply with other program performance documentation required by state or federal law, without requiring additional data collection or reporting from local educational agencies.

(b)  Develop the computer programs, software, and edit processes necessary for local and state users to produce a single, unified Workforce Development Information System.

(4)  By May 15, 1999, complete pilot testing local and state Workforce Development Information System processes.

(5)  By July 1, 1999, complete design and development of the Workforce Development Information System.

(6)  On October 1, 1999, community colleges and school districts shall complete the first reporting period applicable to the Workforce Development Information System. To assure that this implementation process is conducted successfully, the implementation dates required in ss. 239.115 and 239.117 are advanced by 1 year, to July 1, 1999, for implementation of the funding formula, and to the 2000-2001 school year for implementation of the fee schedule. During the 1998-1999 fiscal year, school districts and community colleges shall conduct workforce development education programs with state funding as provided in the General Appropriations Act.

History.--s. 3, ch. 98-58; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.