The Florida Senate

¹446.609  Jobs for Florida's Graduates Act.--

(1)  SHORT TITLE.--This section may be cited as the "Jobs for Florida's Graduates Act."

(2)  DEFINITIONS.--For the purposes of this section:

(a)  "Board" means the board of directors of the Florida Endowment Foundation for Florida's Graduates.

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

(c)  "Endowment fund" means an account established within the Florida Endowment Foundation for Florida's Graduates to provide a continuing and growing source of revenue for school-to-work transition efforts.

(d)  "Foundation" means the Florida Endowment Foundation for Florida's Graduates.

(e)  "Operating account" means an account established under paragraph (7)(h) to carry out the purposes of this section.

(3)  LEGISLATIVE INTENT.--The Legislature recognizes that it is in the best interest of the citizens of this state that the state have a well-educated and skilled workforce to be competitive in a changing economy. It is the intent of the Legislature to meet the challenge of ensuring a skilled workforce by creating a formal program to facilitate the important school-to-work transition and to provide additional funding to achieve this goal. Accordingly, the Legislature finds and declares that:

(a)  The purpose of this section is to broaden the participation and funding potential for further significant support for Florida students who are approaching the transition from school to work.

(b)  It is appropriate to encourage individual and corporate support and involvement, as well as state support and involvement, to promote employment opportunities for Florida's students.

(4)  PROGRAM.--There is hereby created a school-to-work program to be known as Jobs for Florida's Graduates which shall, except as otherwise provided by law or by rule of the Department of Education, be operated in accordance with the process and outcome standards of Jobs for America's Graduates, Inc. To that end, the board shall enter into a sponsoring agreement with Jobs for America's Graduates, Inc., to carry out the Jobs for America's Graduates model within the state.

(a)  The goal of the program shall be to have a minimum of 300 high schools participating in the program.

(b)  The schools chosen by the board to participate in the program must represent a demographically balanced sample population, include both urban and rural schools, and be comprised of schools, including charter schools, in all geographic areas of the state. Each school selected to participate shall enter into a formal written agreement with the board which, at a minimum, details the responsibilities of each party and the process and outcome goals of the Jobs for Florida's Graduates Program.

(c)  Students shall be selected and approved for participation in the program by the educational institutions in which they are enrolled, and such selection and approval shall be based on their being classified as at-risk students pursuant to the Jobs for America's Graduates model.

(5)  THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S GRADUATES.--

(a)  The Florida Endowment Foundation for Florida's Graduates is created to encourage public and private support to enhance school-to-work transition and shall be:

1.  A Florida corporation not for profit which is incorporated under the provisions of chapter 617 and approved by the Department of State.

2.  Organized and operated exclusively to do the following: raise funds; submit requests and receive grants from the Federal Government, the state, private foundations, and individuals; receive, hold, and administer property; and make expenditures to or for the benefit of school-to-work transition programs approved by the board of directors of the foundation.

(b)  The foundation shall:

1.  Develop articles of incorporation.

2.  Create a board of directors appointed by the Commissioner of Education.

3.  Perform an annual financial and performance review to determine if the foundation is operating in a manner consistent with the goals of the Legislature in providing assistance for school-to-work transitions.

4.  Provide a mechanism for the reversion to the state of moneys in the foundation and in any other funds and accounts held in trust by the foundation if the foundation is dissolved.

(6)  BOARD OF DIRECTORS.--The foundation shall be administered by a board of directors, as follows:

(a)  The board shall consist of at least 15 members, a majority of which shall be from the private sector. The chair shall be from the private sector.

(b)  All members shall have an interest in school-to-work transition and, insofar as is practicable, shall:

1.  Have skills in foundation work or other fundraising activities, financial consulting, or investment banking or other related experience; or

2.  Have experience in policymaking or senior management level positions or have distinguished themselves in the fields of education, business, or industry.

(c)  Initially, the chair and all board members shall be appointed by the Commissioner of Education. Effective July 1, 2001, all reappointments shall be made by a membership committee comprised of current board members.

1.  The chair shall be appointed for a term of 2 years and may be reappointed. However, no chair may serve more than 6 consecutive years.

2.  Board members shall serve for 3-year terms or until resignation or removal for cause, except that members appointed to serve initial terms shall be appointed for staggered terms of 1, 2, and 3 years, respectively.

(d)  In the event of a vacancy on the board caused by an occurrence other than the expiration of a term, a new member shall be appointed.

(e)  Each member is accountable to the Commissioner of Education for the proper performance of the duties of office. The commissioner may remove any member from office for malfeasance, misfeasance, neglect of duty, incompetence, or permanent inability to perform official duties or for pleading nolo contendere to, or being found guilty of, a crime.

(7)  ORGANIZATION, POWERS, AND DUTIES.--Within the limits prescribed in this section or by rule of the department:

(a)  Upon appointment, the board shall meet and organize. Thereafter, the board shall hold such meetings as are necessary to implement the provisions of this section and shall conduct its business in accordance with rules promulgated by the department.

(b)  The board may solicit and receive bequests, gifts, grants, donations, goods, and services. When gifts are restricted as to purpose, they may be used only for the purpose or purposes stated by the donor.

(c)  The board may enter into contracts with the Federal Government, state or local agencies, private entities, or individuals to carry out the purposes of this section.

(d)  The board may identify, initiate, and fund Jobs for Florida's Graduates programs to carry out the purposes of this section.

(e)  The board may make gifts or grants:

1.  To the state, or any political subdivision thereof, or any public agency of state or local government.

2.  To a corporation, trust, association, or foundation organized and operated exclusively for charitable, educational, or scientific purposes.

3.  To the department for purposes of program recognition and marketing, public relations and education, professional development, and technical assistance and workshops for grant applicants and recipients and the business community.

(f)  The board may advertise and solicit applications for funding and shall evaluate applications and program proposals submitted thereto.

(g)  The board shall monitor, review, and annually evaluate funded programs to determine whether funding should be continued, terminated, reduced, or increased.

(h)  The board shall establish an operating account for the deposit of funds to be used in carrying out the purposes of this section.

(i)  The board shall operate the Jobs for Florida's Graduates Program in such a way, and shall recommend to the Department of Education the adoption of such rules as may be necessary, to ensure that the following outcome goals are met:

1.  In year 1:

a.  The statewide graduation rates, or GED test completion rates, of participants in the Jobs for Florida's Graduates Program shall be at least 82 percent by June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated.

b.  By June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated, 70 to 75 percent of graduated working participants in the Jobs for Florida's Graduates Program shall be employed full time in the civilian sector or the military or enrolled in postsecondary training education, or any combination of these that together are equivalent to full time.

c.  By June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated, the average wage of graduated participants in the Jobs for Florida's Graduates Program who are working shall be at or above the national average wage for all participants in programs affiliated with Jobs for America's Graduates, Inc.

2.  In year 2:

a.  The statewide graduation rates, or GED test completion rates, of participants in the Jobs for Florida's Graduates Program shall be at least 85 percent by June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated.

b.  By June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated, 75 to 78 percent of graduated working participants in the Jobs for Florida's Graduates Program shall be employed full time in the civilian sector or the military or enrolled in postsecondary training education, or any combination of these that together are equivalent to full time.

c.  By June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated, the average wage of graduated participants in the Jobs for Florida's Graduates Program who are working shall be at or above the national average wage for all participants in programs affiliated with Jobs for America's Graduates, Inc.

3.  In years 3 through 5:

a.  The statewide graduation rates, or GED test completion rates, of participants in the Jobs for Florida's Graduates Program shall be at least 90 percent by June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated.

b.  By June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated, 80 percent of graduated working participants in the Jobs for Florida's Graduates Program shall be employed full time in the civilian sector or the military or enrolled in postsecondary training education, or any combination of these that together are equivalent to full time.

c.  By June 30 of the year following the end of the academic year in which the participants' respective high school classes graduated, the average wage of graduated participants in the Jobs for Florida's Graduates Program who are working shall be at or above the national average wage for all participants in programs affiliated with Jobs for America's Graduates, Inc.

(j)  The board may take such additional actions, including independently organizing and conducting hiring practices, as are deemed necessary and appropriate to administer the provisions of this section. To the maximum extent possible, the board shall hire Jobs for Florida's Graduates Program staff who operate in selected schools to fill necessary staff positions and shall provide for salary, benefits, discipline, evaluation, or discharge according to a contractual agreement. These positions shall not be state employee positions.

(8)  ACCREDITATION.--The board shall request and contract with the national accreditation process of Jobs for America's Graduates, Inc., to ensure the viability and efficacy of the individual school-based Jobs for Florida's Graduates programs in the state.

(9)  ANNUAL AUDIT.--The board shall provide for an annual financial audit of the foundation in accordance with s. 215.981.

(10)  ASSESSMENT OF PROGRAM RESULTS.--The success of the Jobs for Florida's Graduates Program shall be assessed as follows:

(a)  No later than November 1 of each year of the Jobs for Florida's Graduates Program, Jobs for America's Graduates, Inc., shall conduct and deliver to the Office of Program Policy Analysis and Government Accountability a full review and report of the program's activities. The Office of Program Policy Analysis and Government Accountability shall audit and review the report and deliver the report, along with its analysis and any recommendations for expansion, curtailment, modification, or continuation, to the board not later than December 31 of the same year.

(b)  Beginning in the first year of the Jobs for Florida's Graduates Program, the Office of Economic and Demographic Research shall undertake, during the initial phase, an ongoing longitudinal study of participants to determine the overall efficacy of the program. The division shall transmit its findings each year to the Office of Program Policy Analysis and Government Accountability for inclusion in the report provided for in paragraph (a).

(11)  ANNUAL REPORT.--The board shall issue a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Commissioner of Education by March 1, 2000, and each year thereafter, summarizing the foundation's fundraising activities and performance and detailing those activities and programs supported by bequests, gifts, grants, donations, and other valued goods and services received.

(12)  RULES.--The department shall adopt rules to implement this section.

History.--s. 1, ch. 98-218; s. 36, ch. 2001-201; s. 119, ch. 2001-266.

¹Note.--

A.  Section 2, ch. 98-218, provides that "[t]he Legislature shall conduct a review of the Jobs for Florida's Graduates Program after the fifth year of operation with recommendations for continuation, expansion, or termination of the program."

B.  Section 37, ch. 2001-201, provides that "[t]he State Board of Administration shall transfer all principal and interest in the endowment fund, as defined in s. 446.609, Florida Statutes, to the Board of Directors of the Florida Endowment Foundation for Florida's Graduates to be used for the Jobs for Florida's Graduates Program as provided by law."