Senate Bill 1124c2
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Florida Senate - 1998 CS for CS for SB's 1124, 2048 & 1120
By the Committees on Ways and Means; Education; and Senators
Grant, Horne, Diaz-Balart and Turner
301-2219-98
1 A bill to be entitled
2 An act relating to workforce development;
3 creating an incentive grant program; requiring
4 certain administrative procedures; requiring
5 certain data analysis and reports; providing an
6 implementation schedule; providing a
7 definition; amending s. 229.551, F.S.;
8 providing for nonpublic postsecondary education
9 institutions to use the common course
10 designation and numbering system used by public
11 institutions; amending s. 229.8075, F.S.;
12 requiring job retention data to be collected;
13 amending s. 236.081, F.S.; deleting a school
14 district responsibility for funding certain
15 community college programs; amending s.
16 239.105, F.S.; amending definitions; amending
17 s. 239.115, F.S., relating to funds for
18 operation of adult general education and
19 vocational education programs; revising
20 provisions relating to workforce development
21 education programs; changing the name of the
22 associate in applied technology degree to the
23 applied technology diploma; revising provisions
24 relating to funding through the Workforce
25 Development Education Fund; providing duties
26 relating to workforce development programs and
27 funding; providing for use of funds; amending
28 s. 239.117, F.S.; revising calculation of fees
29 required of students in workforce development
30 programs; deleting certain requirements for
31 application for student financial assistance;
1
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1 amending ss. 240.3031, 240.311, F.S.; renaming
2 the State Community College System; amending s.
3 239.213, F.S., relating to
4 vocational-preparatory instruction; deleting
5 obsolete provisions; amending s. 239.229, F.S.,
6 relating to vocational standards; conforming
7 provisions; amending s. 239.233, F.S.;
8 requiring job-retention data; amending s.
9 239.301, F.S.; revising adult general education
10 provisions; amending s. 240.115, F.S.;
11 providing guidelines for awarding credit for
12 transfer students; revising s. 240.35, F.S.;
13 revising calculation of fees required of
14 students in community college programs;
15 amending s. 240.359, F.S.; providing funding
16 for college preparatory coursework; amending
17 ss. 446.011, 446.041, 446.052, F.S.; deleting
18 responsibilities of the Division of Public
19 Schools and Community Education; providing a
20 1998-1999 fee schedule for certain programs;
21 authorizing waivers; providing an effective
22 date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. This act may be cited as the "Workforce
27 Development Implementation Act of 1998."
28 Section 2. The Legislature recognizes that the need
29 for school districts and community colleges to be able to
30 respond to emerging local or statewide economic development
31 needs is critical to the workforce development system. The
2
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1 Workforce Development Capitalization Incentive Grant Program
2 is created to provide grants to school districts and community
3 colleges on a competitive basis to fund some or all of the
4 costs associated with the creation or expansion of workforce
5 development programs that serve specific employment workforce
6 needs.
7 (a) Funds awarded for a workforce development
8 capitalization incentive grant may be used for instructional
9 equipment, laboratory equipment, supplies, personnel, student
10 services, or other expenses associated with the creation or
11 expansion of a workforce development program. Expansion of a
12 program may include either the expansion of enrollments in a
13 program or expansion into new areas of specialization within a
14 program. No grant funds may be used for recurring
15 instructional costs or for institutions' indirect costs.
16 (b) The Postsecondary Education Planning Commission
17 shall accept applications from school districts or community
18 colleges for workforce development capitalization incentive
19 grants. Applications from school districts or community
20 colleges shall contain projected enrollments and projected
21 costs for the new or expanded workforce development program.
22 The Postsecondary Education Planning Commission, in
23 consultation with the Jobs and Education Partnership, the
24 Department of Education, and the State Board of Community
25 Colleges, shall review and rank each application for a grant
26 according to paragraph (c) and shall submit to the Legislature
27 a list in priority order of applications recommended for a
28 grant award.
29 (c) The commission shall give highest priority to
30 programs that train people to enter high-skill, high-wage
31 occupations identified by the occupational forecasting
3
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1 conference and other programs approved by the Jobs and
2 Education Partnership; programs that train people to enter
3 occupations on the WAGES list; or programs that train for the
4 workforce adults who are eligible for public assistance,
5 economically disadvantaged, disabled, not proficient in
6 English, or dislocated workers. The commission shall consider
7 the statewide geographic dispersion of grant funds in ranking
8 the applications and shall give priority to applications from
9 education agencies that are making maximum use of their
10 workforce development funding by offering high-performing,
11 high-demand programs.
12 Section 3. The Legislature finds that changes in
13 workforce development education required by chapter 97-307,
14 Laws of Florida, require the development of an information
15 infrastructure that has been adequately tested and
16 retrofitted. The Legislature further finds that, to be
17 adequate for calculating funding levels for programs conducted
18 by both school districts and community colleges, a single
19 Workforce Development Information System must be developed in
20 an orderly, phased process with resources adequate to make the
21 changes identified in the final report of the Commissioner's
22 Task Force on Workforce Development. Therefore, the Department
23 of Education, school districts, and community colleges shall
24 cooperate to implement the following schedule:
25 (1) By July 1, 1998, as recommended by the task force,
26 implement the additional reporting sequences, revised data
27 elements, and combined individually identifiable student
28 information from the student data bases maintained by the
29 Division of Community Colleges and the Division of Public
30 Schools. Individually identifiable student information shall
31 be reported only as required for making funding decisions as
4
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1 required by section 239.115, Florida Statutes, the
2 recommendations of the Commissioner's Task Force on Workforce
3 Development, and the General Appropriations Act. These
4 divisions shall cooperate with the Office of Workforce
5 Education Outcome Information Services of the Department of
6 Education to conduct the joint data element review process
7 recommended in the task force report.
8 (2) On November 1, 1998, April 1, 1999, and June 1,
9 1999, provide the Commissioner with a progress report on the
10 implementation of the recommendations of the Commissioner's
11 Task Force on Workforce Development. The report must identify
12 any problems that might impede implementation and describe
13 activities taken to correct them.
14 (3) By December 1, 1998:
15 (a) Design specifications for the collection and
16 reporting of data and performance specifications for the
17 Workforce Development Information System. This design must
18 enable parallel reporting and state-level access of workforce
19 data necessary to use the data reports as a basis for
20 calculating funding allocations. In addition, the design must
21 be capable of providing reports necessary to comply with other
22 program performance documentation required by state or federal
23 law, without requiring additional data collection or reporting
24 from local educational agencies.
25 (b) Develop the computer programs, software, and edit
26 processes necessary for local and state users to produce a
27 single, unified Workforce Development Information System.
28 (4) By May 15, 1999, complete pilot testing local and
29 state Workforce Development Information System processes.
30 (5) By July 1, 1999, complete design and development
31 of the Workforce Development Information System.
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1 (6) On October 1, 1999, community colleges and school
2 districts shall complete the first reporting period applicable
3 to the Workforce Development Information System. To assure
4 that this implementation process is conducted successfully,
5 the implementation dates required in sections 239.115 and
6 239.117, Florida Statutes, are advanced by 1 year, to July 1,
7 1999, for implementation of the funding formula, and to the
8 2000-2001 school year for implementation of the fee schedule.
9 During the 1998-1999 fiscal year, school districts and
10 community colleges shall conduct workforce development
11 education programs with state funding as provided in the
12 General Appropriations Act.
13 Section 4. Subsection (1) of section 229.551, Florida
14 Statutes, is amended to read:
15 229.551 Educational management.--
16 (1) The department is directed to identify all
17 functions which under the provisions of this act contribute
18 to, or comprise a part of, the state system of educational
19 accountability and to establish within the department the
20 necessary organizational structure, policies, and procedures
21 for effectively coordinating such functions. Such policies
22 and procedures shall clearly fix and delineate
23 responsibilities for various aspects of the system and for
24 overall coordination of the total system. The commissioner
25 shall perform the following duties and functions:
26 (a) Coordination of department plans for meeting
27 educational needs and for improving the quality of education
28 provided by the state system of public education;
29 (b) Coordination of management information system
30 development for all levels of education and for all divisions
31 of the department, to include the development and utilization
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1 of cooperative education computing networks for the state
2 system of public education;
3 (c) Development of database definitions and all other
4 items necessary for full implementation of a comprehensive
5 management information system as required by s. 229.555;
6 (d) Coordination of all planning functions for all
7 levels and divisions within the department;
8 (e) Coordination of all cost accounting and cost
9 reporting activities for all levels of education, including
10 public schools, vocational programs, community colleges, and
11 institutions in the State University System;
12 (f) Development and coordination of a common course
13 designation and numbering system for postsecondary education
14 in school districts, community colleges, participating
15 nonpublic postsecondary education institutions, and the State
16 University System which will improve program planning,
17 increase communication among all postsecondary delivery
18 systems community colleges and universities, and facilitate
19 the transfer of students. The system shall not encourage or
20 require course content prescription or standardization or
21 uniform course testing, and the continuing maintenance of the
22 system shall be accomplished by appropriate faculty committees
23 representing public and participating nonpublic institutions.
24 Also, the system shall be applied to all postsecondary and
25 certificate career education programs and courses offered in
26 school districts and community colleges. The Articulation
27 Coordinating Committee, whose membership represents public and
28 nonpublic postsecondary institutions, shall:
29 1. Identify the highest demand degree programs within
30 the State University System.
31
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1 2. Conduct a study of courses offered by universities
2 and accepted for credit toward a degree. The study shall
3 identify courses designated as either general education or
4 required as a prerequisite for a degree. The study shall also
5 identify these courses as upper-division level or
6 lower-division level.
7 3. Appoint faculty committees representing both
8 community college and university faculties to recommend a
9 single level for each course included in the common course
10 numbering and designation system. Any course designated as an
11 upper-division level course must be characterized by a need
12 for advanced academic preparation and skills that a student
13 would be unlikely to achieve without significant prior
14 coursework. A course that is offered as part of an associate
15 in science degree program and as an upper-division course for
16 a baccalaureate degree shall be designated for both the lower
17 and upper division. Of the courses required for each
18 baccalaureate degree, at least half of the credit hours
19 required for the degree shall be achievable through courses
20 designated as lower-division courses, except in degree
21 programs approved by the Board of Regents pursuant to s.
22 240.209(5)(e). A course designated as lower-division may be
23 offered by any community college. By January 1, 1996, The
24 Articulation Coordinating Committee shall recommend to the
25 State Board of Education the levels for the courses. By
26 January 1, 1996, The common course numbering and designation
27 system shall include the courses at the recommended levels,
28 and by fall semester of 1996, the registration process at each
29 state university and community college shall include the
30 courses at their designated levels and common course numbers.
31
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1 4. Appoint faculty committees representing both
2 community college and university faculties to recommend those
3 courses identified to meet general education requirements
4 within the subject areas of communication, mathematics, social
5 sciences, humanities, and natural sciences. By January 1,
6 1996, The Articulation Coordinating Committee shall recommend
7 to the State Board of Education those courses identified to
8 meet these general education requirements by their common
9 course code number. By fall semester, 1996, All community
10 colleges and state universities shall accept these general
11 education courses.
12 5. Appoint faculty committees representing both
13 community colleges and universities to recommend common
14 prerequisite courses and identify course substitutions when
15 common prerequisites cannot be established for degree programs
16 across all institutions. Faculty work groups shall adopt a
17 strategy for addressing significant differences in
18 prerequisites, including course substitutions. The Board of
19 Regents shall be notified by the Articulation Coordinating
20 Committee when significant differences remain. By fall
21 semester, 1996, Common degree program prerequisites shall be
22 offered and accepted by all state universities and community
23 colleges, except in cases approved by the Board of Regents
24 pursuant to s. 240.209(5)(f). The Board of Regents shall work
25 with the State Board of Community Colleges on the development
26 of a centralized database containing the list of courses and
27 course substitutions that meet the prerequisite requirements
28 for each baccalaureate degree program; and
29 (g) Expansion and ongoing maintenance of the common
30 course designation and numbering system to include the
31 numbering and designation of college credit postsecondary
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1 vocational courses and facilitate the transfer of credits
2 between public schools, and community colleges, and state
3 universities. The Articulation Coordinating Committee shall:
4 1. Adopt guidelines for the participation of public
5 school districts and community colleges in offering college
6 credit courses that may be transferred to a certificate,
7 diploma, or degree program. These guidelines shall establish
8 standards addressing faculty qualifications, admissions,
9 program curricula, participation in the common course
10 designation and numbering system, and other issues identified
11 by the Task Force on Workforce Development and the
12 Commissioner of Education. Guidelines should also address the
13 role of accreditation in the designation of courses as
14 transferable college credit. Such guidelines must not
15 jeopardize the accreditation status of educational
16 institutions and must be based on data related to the history
17 of credit transfer among institutions in this state and
18 others.
19 2. Identify Conduct a study identifying postsecondary
20 vocational programs offered by community colleges and public
21 school districts. The list study shall also identify
22 postsecondary vocational courses designated as college credit
23 courses applicable toward a vocational diploma or degree.
24 Such college credit courses must be identified within the
25 common course numbering and designation system.
26 3. Appoint faculty committees representing both
27 community college and public school faculties to recommend a
28 standard program length and appropriate occupational
29 completion points for each postsecondary vocational
30 certificate program, diploma, and degree; and. A course
31 designated as college credit may be offered by a public school
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1 district or community college, provided the standards
2 established in subparagraph 1. are met
3 (h) Development of common definitions necessary for
4 managing a uniform coordinated system of career education for
5 all levels of the state system of public education.
6 Section 5. Subsection (1) of section 229.8075, Florida
7 Statutes, is amended to read:
8 229.8075 Florida Education and Training Placement
9 Information Program.--
10 (1) The Department of Education shall develop and
11 maintain a continuing program of information management named
12 the "Florida Education and Training Placement Information
13 Program," the purpose of which is to compile, maintain, and
14 disseminate information concerning the educational histories,
15 placement and employment, enlistments in the United States
16 armed services, and other measures of success of former
17 participants in state educational and workforce development
18 programs. Placement and employment information shall contain
19 data appropriate to calculate job retention and job retention
20 rates.
21 Section 6. Paragraph (h) of subsection (1) of section
22 236.081, Florida Statutes, is amended to read:
23 236.081 Funds for operation of schools.--If the annual
24 allocation from the Florida Education Finance Program to each
25 district for operation of schools is not determined in the
26 annual appropriations act or the substantive bill implementing
27 the annual appropriations act, it shall be determined as
28 follows:
29 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
30 OPERATION.--The following procedure shall be followed in
31
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1 determining the annual allocation to each district for
2 operation:
3 (h) Instruction outside required number of school
4 days.--Students in grades 9 through 12 may be counted as
5 full-time equivalent students for instruction provided outside
6 the required number of school days or year if such instruction
7 counts as credit toward a high school graduation diploma.
8 However, if a high school student wishes to earn additional
9 high school credits from a community college and enrolls in
10 one or more adult secondary education courses at the community
11 college, the community college shall be reimbursed student's
12 school district must pay the community college for the costs
13 incurred because of the high school student's coenrollment as
14 provided in the General Appropriations Act.
15 Section 7. Section 239.105, Florida Statutes, is
16 amended to read:
17 239.105 Definitions.--As used in this chapter, the
18 term:
19 (1) "Adult basic education" means courses of
20 instruction designed to improve the employability of the
21 state's workforce through instruction in mathematics, reading,
22 language, and workforce readiness skills at grade level
23 equivalency 0-8.9. at or below a fifth grade educational level
24 in the language arts, including English for speakers of other
25 languages, mathematics, natural and social sciences, consumer
26 education and other courses that enable an adult to attain
27 basic or functional literacy.
28 (2) "Adult ESOL" or "adult ESL" means noncredit
29 English language courses designed to improve the employability
30 of the state's workforce through acquisition of communication
31 skills and cultural competencies which enhance ability to
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1 read, write, speak, and listen in English. ESOL means English
2 for Speaker of Other Languages. ESL means English as a Second
3 Language. The two terms are interchangeable.
4 (3)(2) "Adult general education" means a comprehensive
5 instructional programs designed to improve the employability
6 of the state's workforce through program of adult basic
7 education, adult secondary education, English for Speakers of
8 Other Languages, vocational preparatory instruction, and
9 instruction for adults with disabilities. general educational
10 development test instruction, and vocational preparatory
11 instruction.
12 (4) "Adult high school credit program" means the award
13 of credits upon completion of courses and passing of state
14 mandated assessments necessary to qualify for a high school
15 diploma. Except as provided elsewhere in law, the graduation
16 standards for adults shall be the same as those for secondary
17 students.
18 (5)(3) "Adult secondary education" means courses
19 through which a person receives high school credit that leads
20 to the award of a high school diploma or courses of
21 instruction through which a student prepares to take the
22 General Educational Development test. This includes grade
23 levels 9.0 through 12.9.
24 (6) "Adult student" is a student who is beyond the
25 compulsory school age and who has legally left elementary or
26 secondary school, or a high school student who is taking an
27 adult course required for high school graduation.
28 (7) "Adult with disability," for the purpose of
29 funding, means an individual who has a physical or mental
30 impairment that substantially limits one or more major life
31 activities, has a record of such impairment, or is regarded as
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1 having such an impairment, and who requires modifications to
2 the educational program, adaptive equipment, or specialized
3 instructional methods and services in order to participate in
4 workforce development programs that lead to competitive
5 employment.
6 (8) "Applied technology diploma program" means a
7 course of study that is part of a degree vocational education
8 program, is less than 60 credit hours, and leads to employment
9 in a specific occupation. An applied technology diploma
10 program may consist of either vocational credit or college
11 credit. A public school district may offer an applied
12 technology diploma program only as vocational credit, with
13 college credit awarded to a student upon articulation to a
14 community college. Statewide articulation among public schools
15 and community colleges is guaranteed by s. 240.115, and is
16 subject to guidelines and standards adopted by the
17 articulation coordinating committee pursuant to s.
18 229.551(1)(g).
19 (9)(4) "Basic literacy," which is also referred to as
20 "beginning adult basic education," means the demonstration of
21 academic competence from 2.0 through 5.9 educational grade
22 levels as measured by means approved for this purpose by the
23 State Board of Education.
24 (10)(5) "Beginning literacy" means the demonstration
25 of academic competence from 0 through 1.9 educational grade
26 levels as measured by means approved for this purpose by the
27 State Board of Education.
28 (11)(6) "College-preparatory instruction" means
29 courses through which a high school graduate who applies for
30 an associate in arts degree program or an associate in science
31
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1 a degree program may attain the communication and computation
2 skills necessary to enroll in college credit instruction.
3 (12)(7) "Commissioner" means the Commissioner of
4 Education.
5 (13)(8) "Community education" means the use of a
6 school or other public facility as a community center operated
7 in conjunction with other public, private, and governmental
8 organizations for the purpose of providing educational,
9 recreational, social, cultural, health, and community services
10 for persons in the community in accordance with the needs,
11 interests, and concerns of that community, including lifelong
12 learning.
13 (14) "Continuing workforce education" means
14 instruction that does not result in a vocational certificate,
15 diploma, associate in applied science degree, or associate in
16 science degree. Continuing workforce education is for:
17 (a) Individuals who are required to have training for
18 licensure renewal or certification renewal by a regulatory
19 agency or credentialing body;
20 (b) New or expanding businesses as described in
21 chapter 288;
22 (c) Business, industry, and government agencies whose
23 products or services are changing so that retraining of
24 employees is necessary or whose employees need training in
25 specific skills to increase efficiency and productivity; or
26 (d) Individuals who are enhancing occupational skills
27 necessary to maintain current employment, to cross train, or
28 to upgrade employment.
29 (15)(18) "Degree vocational education program" means a
30 course of study that leads to an associate in applied science
31 technology degree or an associate in science degree. A degree
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1 vocational education program may contain within it one or more
2 occupational completion points and may lead to certificates or
3 diplomas within the course of study. The term is
4 interchangeable with the term "degree career education
5 program."
6 (16)(9) "Department" means the Department of
7 Education.
8 (10) "Document literacy" means the demonstration of
9 competence in identifying and using information located in
10 materials such as charts, forms, tables, and indexes.
11 (17)(11) "Family literacy" means a program for adults
12 with a literacy component for parents and children or other
13 intergenerational literacy components.
14 (18)(12) "Functional literacy," which is also referred
15 to as "intermediate adult basic education," means the
16 demonstration of academic competence from 6.0 through 8.9
17 educational grade levels as measured by means approved for
18 this purpose by the State Board of Education.
19 (19)(13) "General Educational Development (GED) test
20 preparation instruction" means courses of instruction designed
21 to prepare adults for success on the five GED subject area
22 tests leading to qualification for a State of Florida high
23 school diploma. noncredit courses through which persons
24 prepare to take the general educational development test.
25 (20)(14) "Lifelong learning" means a noncredit course
26 or activity offered by a school district or community college
27 which seeks to address community social and economic issues
28 related to health and human relations, government, parenting,
29 consumer economics, and senior citizens. The course or
30 activity must have specific expected outcomes that relate to
31 one or more of these areas.
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1 (21)(15) "Local educational agency" means a community
2 college or school district.
3 (22)(16) "Local sponsor" means a school board,
4 community college board of trustees, public library, other
5 public entity, or private nonprofit entity, or any combination
6 of these entities, that provides adult literacy instruction.
7 (23)(17) "Vocational certificate program" "Certificate
8 vocational education program" means a course of study that
9 leads to at least one occupational completion point. The
10 program may also confer credit that may articulate with a
11 diploma or degree career education program, if authorized by
12 rules of the Department of Education. Any college credit
13 instruction designed to articulate to a degree program is
14 subject to guidelines and standards adopted by the
15 Articulation Coordinating Committee pursuant to s.
16 229.551(1)(g). The term is interchangeable with the term
17 "certificate career education program."
18 (24)(19) "Occupational completion point" means the
19 vocational competencies that qualify a person to enter an
20 occupation that is linked to a vocational program.
21 (20) "Prose literacy" means the demonstration of
22 competence in reading and interpreting materials such as
23 newspapers, magazines, and books.
24 (21) "Quantitative literacy" means the demonstration
25 of competence in the application of arithmetic operations to
26 materials such as loan documents, sale advertisements, order
27 forms, and checking accounts.
28 (25)(22) "Vocational education planning region" means
29 the geographic area in which career or adult education is
30 provided. Each vocational region is contiguous with one of
31 the 28 community college service areas. The term may be used
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1 interchangeably with the term "career education planning
2 region."
3 (26)(23) "Vocational-preparatory instruction" means
4 adult general education through which persons attain academic
5 and workforce readiness skills at the level of functional
6 literacy (grade levels 6.0-8.9) or higher so that such persons
7 may pursue certificate career education or higher-level career
8 education.
9 (27) "Vocational program" means a group of identified
10 competencies leading to occupations identified by a
11 Classification of Instructional Programs number.
12 (28)(25) "Workforce development education" means adult
13 general education or vocational education and may consist of a
14 continuing workforce education course single course or a
15 program course of study leading to an occupational completion
16 point, a vocational certificate, an applied technology
17 diploma, or a vocational education an associate in applied
18 technology degree, or an associate in science degree.
19 (29)(24) "Workforce literacy" means the basic skills
20 necessary to perform in entry-level occupations or the skills
21 necessary to adapt to technological advances in the workplace.
22 Section 8. Section 239.115, Florida Statutes, is
23 amended to read:
24 239.115 Funds for operation of adult general education
25 and vocational education programs.--
26 (1) As used in this section, the terms "workforce
27 development education" and "workforce development program"
28 include:
29 (a) Adult general education programs designed to
30 improve the employability skills of the state's workforce
31
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1 through adult basic education, adult secondary education, GED
2 preparation, and vocational-preparatory education.;
3 (b) Certificate Vocational certificate education
4 programs, including courses that lead to an occupational
5 completion point within a program that terminates in either a
6 certificate, a diploma or a degree.;
7 (c) Applied technology diploma programs.
8 (d) Continuing workforce education courses.
9 (e)(c) Degree vocational education programs. that lead
10 to an associate in applied technology degree or an associate
11 in science degree; and
12 (f)(d) Apprenticeship and pre-apprenticeship programs
13 as defined in s. 446.021.
14 (2) Any workforce development education program may be
15 conducted by a community college or a school district, except
16 that college credit and an associate in science degree may be
17 awarded only by a community college. However, if an associate
18 in science degree program contains within it an occupational
19 completion point that confers a certificate or an associate in
20 applied technology diploma degree, that portion of the program
21 may be conducted by a school district technical center. Any
22 college credit instruction designed to articulate to a degree
23 program is subject to guidelines and standards adopted by the
24 Articulation Coordinating Committee pursuant to s.
25 229.551(1)(g).
26 (3) If a program for disabled adults pursuant to s.
27 239.301 is a workforce development program as defined in law
28 this section it must be funded as provided in this section.
29 (4) The Florida Workforce Development Education Fund
30 is created to provide performance-based funding for all
31 workforce development programs, whether the programs are
19
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1 offered by a school district or a community college. Funding
2 for all workforce development education programs must be from
3 the Workforce Development Education Fund and must be based on
4 cost categories, performance output measures, and performance
5 outcome measures. This subsection takes effect July 1, 1999
6 1998.
7 (a) The cost categories must be calculated to identify
8 high-cost programs, medium-cost programs, and low-cost
9 programs. The cost analysis used to calculate and assign a
10 program course of study to a cost category must include at
11 least both direct and indirect instructional costs, consumable
12 supplies, equipment, and standard optimum program length.
13 (b)1. The performance output measure for a vocational
14 education programs course of study is student completion of a
15 vocational a single course; a program of study that leads to
16 an occupational completion point associated with a
17 certificate; an apprenticeship program; or a program that
18 leads to an associate in applied technology diploma degree or
19 an associate in science degree. Performance output measures
20 for registered apprenticeship programs shall be based on
21 program lengths that coincide with lengths established
22 pursuant to the requirements of chapter 446.
23 2. The performance output measure for an adult general
24 education course of study is measurable improvement in student
25 skills. This measure shall include improvement in literacy
26 skills, grade level improvement as measured by an approved
27 test, or attainment of a general education development diploma
28 or an adult high school diploma.
29 (c) The performance outcome measures for programs
30 funded through the Workforce Development Education Fund are
31 associated with placement and retention of students after
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1 reaching a completion point or completing of a program course
2 of study. These measures include placement or retention in
3 employment that is related to the program course of study;
4 placement into or retention in employment in an occupation on
5 the Occupational Forecasting Conference list of high-wage,
6 high-skill occupations with sufficient openings; and placement
7 and retention of WAGES clients or former WAGES clients; and
8 retention in employment of former WAGES clients. Continuing
9 postsecondary education at a level that will further enhance
10 employment is a performance outcome for adult general
11 education programs. Placement and retention must be reported
12 pursuant to ss. 229.8075 and 239.233.
13 (5) Effective July 1, 1999, for school districts
14 providing adult basic education for the elderly to at least
15 10,000 students during fiscal year 1996-97, and to at least
16 10,000 students during subsequent fiscal years, funds for
17 these adult basic education courses for the elderly shall not
18 be provided from the Workforce Development Education Fund, but
19 shall be provided in a separate categorical subject to
20 provisions defined in the General Appropriations Act. Unless
21 exempt pursuant to s. 239.117, fees for these courses shall be
22 set at no less than 10 percent of the average cost of
23 instruction.
24 (6) State funding and student fees for workforce
25 development instruction funded through the Workforce
26 Development Education Fund shall be established as follows:
27 (a) For a continuing workforce education course, state
28 funding shall equal 50 percent of the cost of instruction,
29 with student fees, business support, quick-response training
30 funds, or other means making up the remaining 50 percent.
31
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1 (b) For all other workforce development education
2 funded through the Workforce Development Education Fund, state
3 funding shall equal 75 percent of the average cost of
4 instruction with the remaining 25 percent made up from student
5 fees. Fees for courses within a program shall not vary
6 according to the cost of the individual program, but instead
7 shall be based on a uniform fee calculated and set at the
8 state level, as adopted by the State Board of Education,
9 unless otherwise specified in the General Appropriations Act.
10 (c) For fee-exempt students pursuant to s. 239.117,
11 unless otherwise provided for in law, state funding shall
12 equal 100 percent of the average cost of instruction.
13 (7) Beginning in fiscal year 1999-2000, a school
14 district or a community college that provides workforce
15 development education funded through the Workforce Development
16 Education Fund shall receive funds in accordance with
17 distributions for base and performance funding established by
18 the Legislature in the General Appropriations Act, pursuant to
19 the following conditions:
20 (a) Base funding shall not exceed 85 percent of the
21 current fiscal year total Workforce Development Education Fund
22 allocation, which shall be distributed by the Legislature in
23 the General Appropriations Act based on a maximum of 85
24 percent of the institution's prior year's total allocation
25 from base and performance funds.
26 (b) Performance funding shall be at least 15 percent
27 of the current fiscal year total Workforce Development
28 Education Fund allocation, which shall be distributed by the
29 Legislature in the General Appropriations Act based on the
30 previous fiscal year's achievement of output and outcomes in
31 accordance with formulas adopted pursuant to subsection (9).
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1 Performance funding must incorporate payments for at least
2 three levels of placements that reflect wages and workforce
3 demand. Payments for completions must not exceed 60 percent of
4 the payments for placement. For fiscal year 1999-2000, school
5 districts and community colleges shall be awarded funds
6 pursuant to this paragraph based on performance output data
7 generated for fiscal year 1998-1999 and performance outcome
8 data available in that year.
9 (c) If a local educational agency achieves a level of
10 performance sufficient to generate a full allocation as
11 authorized by the workforce development funding formula, the
12 agency may earn performance incentive funds as appropriated
13 for that purpose in a General Appropriations Act. If
14 performance incentive funds are funded and awarded, these
15 funds must be added to the local educational agency's prior
16 year total allocation from the Workforce Development Education
17 Fund and shall be used to calculate the following year's base
18 funding.
19 (8) A school district or community college that earns
20 performance funding must use the money to benefit the
21 postsecondary vocational and adult education programs it
22 provides. The money may be used for equipment upgrades,
23 program expansions, or any other use that would result in
24 workforce development program improvement. The school board or
25 community college board of trustees may not withhold any
26 portion of the performance funding for indirect costs.
27 Notwithstanding s. 216.351, funds awarded pursuant to this
28 section may be carried across fiscal years and shall not
29 revert to any other fund maintained by the school board or
30 community college board of trustees.
31
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1 (9) The Department of Education, the State Board of
2 Community Colleges, and the Jobs and Education Partnership
3 shall provide the Legislature with recommended formulas,
4 criteria, timeframes, and mechanisms for distributing
5 performance funds. The commissioner shall consolidate the
6 recommendations and develop a consensus proposal for funding.
7 The Legislature shall adopt a formula and distribute the
8 performance funds to the Division of Community Colleges and
9 the Division of Workforce Development through the General
10 Appropriations Act. These recommendations shall be based on
11 formulas that would discourage low-performing or low-demand
12 programs and encourage through performance-funding awards:
13 (a) Programs that prepare people to enter high-wage
14 occupations identified by the Occupational Forecasting
15 Conference created by s. 216.136 and other programs as
16 approved by the Jobs and Education Partnership. At a minimum,
17 performance incentives shall be calculated for adults who
18 reach completion points or complete programs that lead to
19 specified high-wage employment and to their placement in that
20 employment.
21 (b) Programs that successfully prepare adults who are
22 eligible for public assistance, economically disadvantaged,
23 disabled, not proficient in English, or dislocated workers for
24 high-wage occupations. At a minimum, performance incentives
25 shall be calculated at an enhanced value for the completion of
26 adults identified in this paragraph and job placement of such
27 adults upon completion. In addition, adjustments may be made
28 in payments for job placements for areas of high unemployment.
29 (c) Programs identified by the Jobs and Education
30 Partnership as increasing the effectiveness and cost
31 efficiency of education.
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1 (5) Initial state funding is generated by student
2 enrollment in a course of study. When the student completes
3 the course of study or the program, the agency may collect the
4 remaining state funding. This subsection takes effect July 1,
5 1998.
6 (6) The total state funding entitlement for each
7 course of study is determined by its length, the output
8 measures, and its cost category. The district cost
9 differential, as established annually in the General
10 Appropriations Act, must be applied to the appropriation for
11 the workforce development education fund.
12 (a)1. For a course that does not result in an
13 occupational completion point, state funding equals 50 percent
14 of the cost of the course, with student fees, business
15 support, quick-response training funds, or other means making
16 up the remaining 50 percent.
17 2. For a program that results in an occupational
18 completion point, an educational agency may collect 100
19 percent of the cost of the program, with 85 percent generated
20 from a combination of student fees and state support during a
21 student's enrollment, and the remaining 15 percent generated
22 upon the student's reaching an occupational completion point
23 or completing the program.
24 (b) Student output measures for adult education
25 instruction consist of improvement in literacy skills, grade
26 level improvement as measured by an approved test, or
27 attainment of a general education development diploma or an
28 adult high school diploma.
29 (c) The cost category of a course that is part of a
30 vocational program or an adult general education program is
31
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1 the same as that of the program. This subsection takes effect
2 July 1, 1998.
3 (7) When a student reaches an occupational completion
4 point or completes a program, the educational agency shall
5 first collect the remainder of the total state funding
6 entitlement and may be eligible for additional incentive funds
7 generated by student outcome measures. However, the total
8 funding earned by an educational agency under the formula,
9 including state funding and student fees, may not exceed 125
10 percent of the calculated program cost. Any funds earned in
11 excess of program cost must be expended to improve the
12 program. This subsection takes effect July 1, 1998.
13 (8) For each course of study, an educational agency
14 that serves students in workforce education programs shall
15 submit an enrollment count each semester, which shall replace
16 the full-time equivalent student enrollment used by the
17 Florida Education Finance Program and the enrollment
18 calculation used by the Community College Program Fund. The
19 Division of Workforce Development shall calculate the funding
20 entitlement for that semester by a date established by the
21 Department of Education. This subsection takes effect July 1,
22 1998.
23 (9) A school district or a community college that
24 provides workforce development education shall receive initial
25 funding for each student in the semester in which the student
26 enrolls. During each subsequent semester, a funding
27 entitlement shall be calculated for each student by
28 subtracting the student fee amount from the total funding
29 amount for the course of study in its assigned cost category.
30 The semester funding amount is 85 percent of the cost of the
31 program, including student fees, divided by the number of
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1 semesters in the course of study. When a student reaches an
2 occupational completion point or completes a course, the
3 educational agency shall collect the difference between the
4 total state funding entitlement and the amount in state
5 funding already paid. A student may not generate funding for
6 any semester in which the student is not enrolled. This
7 subsection takes effect July 1, 1998.
8 (10) A high school student dually enrolled under s.
9 240.116 in a workforce development program funded through the
10 Workforce Development Education Fund and operated by a
11 community college or school district technical center
12 generates the amount calculated by the Workforce Development
13 Education Fund, including any payment of performance funding
14 incentives, and the proportional share of full-time equivalent
15 enrollment generated through the Florida Education Finance
16 Program for the student's enrollment in a high school. If a
17 high school student is dually enrolled in a community college
18 program, including a program conducted at a high school, the
19 community college earns the funds generated through the
20 Workforce Development Education Fund and the school district
21 earns the proportional share of full-time equivalent funding
22 from the Florida Education Finance Program. If a student is
23 dually enrolled in a technical center operated by the same
24 district as the district in which the student attends high
25 school, that district earns the funds generated through the
26 Workforce Development Education Fund and also earns the
27 proportional share of full-time equivalent funding from the
28 Florida Education Finance Program. If a student is dually
29 enrolled in a workforce development program provided by a
30 technical center operated by a different school district, the
31 funds must be divided between the two school districts
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1 proportionally from the two funding sources. A student may not
2 be reported for funding in a dual enrollment workforce
3 development program unless the student has completed the basic
4 skills assessment pursuant to s. 239.213.
5 (11) The Department of Education may adopt rules to
6 administer this section.
7 (12) The Auditor General shall annually audit the
8 Workforce Development Education Fund. The Office of Program
9 Policy Analysis and Government Accountability shall review the
10 workforce development program and provide a report to the
11 Legislature by December 31, 2000, and thereafter at the
12 direction of the Joint Legislative Auditing Committee. Such
13 audits and reviews shall be based on source data at the
14 community colleges and school districts.
15 Section 9. Subsections (1), (7), and (8), paragraphs
16 (c) and (d) of subsection (4), and paragraphs (a) and (c) of
17 subsection (6) of section 239.117, Florida Statutes, are
18 amended to read:
19 239.117 Postsecondary student fees.--
20 (1) This section applies to students enrolled in
21 workforce development programs, including programs and courses
22 leading to an associate in applied technology degree or an
23 associate in science degree who are reported for funding
24 through the Workforce Development Education Fund, except that
25 college credit fees for the community colleges are governed by
26 s. 240.35.
27 (4) The following students are exempt from the payment
28 of registration, matriculation, and laboratory fees:
29 (c) A student for whom the state is paying a foster
30 care board payment pursuant to s. 409.145(3) or pursuant to
31 parts II III and III V of chapter 39, for whom the permanency
28
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1 planning goal pursuant to part III V of chapter 39 is
2 long-term foster care or independent living, or who is adopted
3 from the Department of Children and Family Services after
4 December 31, 1997. Such exemption includes fees associated
5 with enrollment in vocational college-preparatory instruction
6 and completion of the college-level communication and
7 computation skills testing program. Such exemption shall be
8 available to any student adopted from the Department of
9 Children and Family Services after December 31, 1997; however,
10 the exemption shall be valid for no more than 4 years after
11 the date of graduation from high school.
12 (d) A student enrolled in an employment and training
13 program under the WAGES Program. Such a student may receive a
14 fee exemption only if the student applies for and does not
15 receive student financial aid, including Job Training
16 Partnership Act or Family Support Act funds. Schools and
17 community colleges shall help such students apply for
18 financial aid, but may not deny such students program
19 participation during the financial aid application process.
20 Such a student may not be required to incur debt within the
21 financial aid package. The local WAGES coalition shall pay the
22 community college or school district for costs incurred for
23 WAGES clients.
24 (6)(a) The Commissioner of Education shall provide
25 recommend to the State Board of Education no later than
26 December 31 of each year a schedule of fees for workforce
27 development education. The fee schedule shall be based on the
28 amount of student fees necessary to produce 25 percent of the
29 prior year's average cost of a course of study leading to a
30 certificate or diploma degree and 50 percent of the prior
31 year's cost of a continuing workforce education course that
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1 does not lead to an occupational completion point. At the
2 discretion of a school board or a community college, this fee
3 schedule may be implemented over a 3-year period, with full
4 implementation in the 1999-2000 school year. In years
5 preceding that year, if fee increases are necessary for some
6 programs or courses, the fees shall be raised in increments
7 designed to lessen their impact upon students already
8 enrolled. Fees for students who are not residents for tuition
9 purposes must offset the full cost of instruction.
10 Fee-nonexempt students enrolled in vocational preparatory
11 instruction shall be charged fees equal to the fees charged
12 for certificate career education instruction. Each community
13 college that conducts college-preparatory and
14 vocational-preparatory instruction in the same class section
15 may charge a single fee for both types of instruction.
16 (c) The State Board of Education shall adopt, by rule,
17 the definitions and procedures that school boards shall use in
18 the calculation of cost borne by students. Such rule must
19 define the cost of educational programs as the product of
20 semester enrollment counts times the average instructional
21 cost for the course of study, divided by the number of
22 semesters in the course of study. A course of study is a
23 single course or a series of two or more courses leading to an
24 occupational completion point, an associate in applied
25 technology degree, or an associate in science degree. The
26 rule shall be developed in consultation with the Legislature.
27 (7)(a) Each year the State Board of Community Colleges
28 shall review and evaluate the percentage of the cost of adult
29 programs and certificate career education programs supported
30 through student fees. If this review indicates that student
31 fees generate less than the percentage targeted for the
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1 program, the State Board of Community Colleges shall adopt a
2 schedule of fee increases by December 31 for the following
3 fall semester. For students who are residents for tuition
4 purposes, the schedule so adopted must produce revenues equal
5 to 25 percent of the prior year's average program cost for
6 college-preparatory and certificate-level workforce
7 development supplemental vocational programs and 50 10 percent
8 of the prior year's program cost for student enrollment in
9 continuing workforce education certificate career education
10 and vocational preparatory programs. The fee schedule for
11 lifelong learning programs shall be based on student fees and
12 nonstate funds necessary to produce 50 percent of the prior
13 year's cost of lifelong learning programs. State funds may not
14 exceed 50 percent of the prior year's cost of lifelong
15 learning programs. The state board may not increase fees more
16 than 10 percent for students who are residents for tuition
17 purposes. Unless otherwise specified in the General
18 Appropriations Act, the fee schedule shall take effect and the
19 college shall expend student fees on instruction. If the
20 Legislature enacts a calculation different than that adopted
21 by the state board, the state board shall adopt a fee schedule
22 that generates the same revenues as the calculation contained
23 in the General Appropriations Act. Each community college
24 board of trustees shall establish matriculation, tuition, and
25 noncredit fees that may vary no more than 10 percent from the
26 schedule approved by the State Board of Education. Fees for
27 students who are not residents for tuition purposes must
28 offset the full cost of instruction.
29 (b) Students enrolled in college-preparatory
30 instruction shall pay fees equal to the fees charged for
31 college credit courses. Students enrolled in the same
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1 college-preparatory class within a skill area more than one
2 time shall pay fees at 100 percent of the full cost of
3 instruction and shall not be included in calculations of
4 full-time equivalent enrollments for state funding purposes;
5 however, students who withdraw or fail a class due to
6 extenuating circumstances may be granted an exception only
7 once for each class, provided approval is granted according to
8 policy established by the board of trustees. Each community
9 college shall have the authority to review and reduce payment
10 for increased fees due to continued enrollment in a
11 college-preparatory class on an individual basis, contingent
12 upon a student's financial hardship, pursuant to definitions
13 and fee levels established by the State Board of Community
14 Colleges. Fee-nonexempt students enrolled in
15 vocational-preparatory instruction shall be charged fees equal
16 to the fees charged for certificate career education
17 instruction. Each community college that conducts
18 college-preparatory and vocational-preparatory instruction in
19 the same class section may charge a single fee for both types
20 of instruction.
21 (8) Each school board and community college board of
22 trustees may collect, for financial aid purposes, up to an
23 additional 10 percent of the student fees collected for
24 workforce development programs funded through the Workforce
25 Development Education Fund. All fees collected shall be
26 deposited into a separate workforce development the student
27 financial aid fee trust fund of the district or community
28 college to support students enrolled in workforce development
29 programs. Any undisbursed balance remaining in the trust fund
30 and interest income accruing to investments from the trust
31 fund shall increase the total funds available for distribution
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1 to workforce development education certificate career
2 education students. Awards shall be based on student
3 financial need and distributed in accordance with a nationally
4 recognized system of need analysis approved by the State Board
5 for Career Education. Fees collected pursuant to this
6 subsection shall be allocated in an expeditious manner.
7 Section 10. Subsection (2) of section 239.213, Florida
8 Statutes, is amended to read:
9 239.213 Vocational-preparatory instruction.--
10 (2) Students who enroll in a certificate career
11 education program of 450 hours or more shall complete an
12 entry-level examination within the first 6 weeks of admission
13 into the program. The state board shall designate
14 examinations that are currently in existence, the results of
15 which are comparable across institutions, to assess student
16 mastery of basic skills. Any student deemed to lack a minimal
17 level of basic skills for such program shall be referred to
18 vocational-preparatory instruction or adult basic education
19 for a structured program of basic skills instruction. Such
20 instruction may include English for speakers of other
21 languages. A student may not receive a certificate of
22 vocational program completion prior to demonstrating the basic
23 skills required in the state curriculum frameworks for the
24 vocational program.
25 Section 11. Subsection (2) of section 239.229, Florida
26 Statutes, is amended to read:
27 239.229 Vocational standards.--
28 (2)(a) School board, superintendent, and school
29 accountability for career education within elementary and
30 secondary schools includes, but is not limited to:
31
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1 1. Student exposure to a variety of careers and
2 provision of instruction to explore specific careers in
3 greater depth.
4 2. Student awareness of available vocational programs
5 and the corresponding occupations into which such programs
6 lead.
7 3. Student development of individual career plans.
8 4. Integration of academic and vocational skills in
9 the secondary curriculum.
10 5. Student preparation to enter the workforce and
11 enroll in postsecondary education without being required to
12 complete college-preparatory or vocational-preparatory
13 instruction.
14 6. Student retention in school through high school
15 graduation.
16 7. Vocational curriculum articulation with
17 corresponding postsecondary programs in the local area
18 technical center or community college, or both.
19 (b) School board, superintendent, and area technical
20 center, and community college board of trustees and president,
21 accountability for certificate career education and diploma
22 programs includes, but is not limited to:
23 1. Student demonstration of the academic skills
24 necessary to enter an occupation.
25 2. Student preparation to enter an occupation in an
26 entry-level position or continue postsecondary study.
27 3. Vocational program articulation with other
28 corresponding postsecondary programs and job training
29 experiences.
30
31
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1 4. Employer satisfaction with the performance of
2 students who complete workforce development education or reach
3 occupational completion points.
4 5. Student completion, and placement, and retention
5 rates as defined in s. 239.233.
6 (c) Department of Education accountability for career
7 education includes, but is not limited to:
8 1. The provision of timely, accurate technical
9 assistance to school districts and community colleges.
10 2. The provision of timely, accurate information to
11 the State Board for Career Education, the Legislature, and the
12 public.
13 3. The development of policies, rules, and procedures
14 that facilitate institutional attainment of the accountability
15 standards and coordinate the efforts of all divisions within
16 the department.
17 4. The development of program standards and
18 industry-driven benchmarks for vocational, adult, and
19 community education programs.
20 5. Overseeing school district and community college
21 compliance with the provisions of this chapter.
22 6. Ensuring that the educational outcomes for the
23 technical component of workforce development programs the
24 associate in science degree, the associate in applied
25 technology degree, and secondary vocational job-preparatory
26 programs are shall be uniform and designed to provide a
27 graduate of high quality who is capable of entering the
28 workforce on an equally competitive basis regardless of the
29 institution of choice.
30 Section 12. Paragraph (a) of subsection (1) of section
31 239.233, Florida Statutes, is amended to read:
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1 239.233 Reporting requirements.--
2 (1)(a) The Department of Education shall develop a
3 system of performance measures in order to evaluate the
4 vocational and technical education programs as required in s.
5 239.229. This system must measure program enrollment,
6 completion rates, placement rates, and amount of earnings at
7 the time of placement. Placement and employment information,
8 where applicable, shall contain data relevant to job
9 retention, including retention rates. The State Board of
10 Education shall adopt by rule the specific measures and any
11 definitions needed to establish the system of performance
12 measures.
13 Section 13. Present subsections (6), (7), (8), and (9)
14 of section 239.301, Florida Statutes, are redesignated as (8),
15 (9), (10), and (11), respectively, and new subsections (6) and
16 (7) are added to that section to read:
17 239.301 Adult general education.--
18 (6) If students who have been determined to be adults
19 with disabilities are enrolled in workforce development
20 programs, the funding formula must provide additional
21 incentives for their achievement of performance outputs and
22 outcomes.
23 (7) If the plan for a program for adults with
24 disabilities pursuant to subsection (5) indicates that there
25 are students whose expected time to completion exceeds twice
26 that of a similar program for nondisabled students, or if
27 there are students enrolled whose individual education plan
28 does not include competitive employment, those students shall
29 generate funds in addition to funds from the workforce
30 development fund, as provided in the annual General
31 Appropriations Act.
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1 Section 14. Subsections (1) and (2) of section
2 240.115, Florida Statutes, are amended to read:
3 240.115 Articulation agreement; acceleration
4 mechanisms.--
5 (1)(a) Articulation between secondary and
6 postsecondary education; admission of associate in arts degree
7 graduates from Florida community colleges and state
8 universities; admission of applied technology diploma program
9 graduates from public community colleges or technical centers;
10 admission of associate in science degree and associate in
11 applied science degree graduates from Florida community
12 colleges; the use of acceleration mechanisms, including
13 nationally standardized examinations through which students
14 may earn credit; general education requirements and common
15 course code numbers as provided for in s. 229.551(1)(f)4.; and
16 articulation among programs in nursing shall be governed by
17 the articulation agreement, as established by the Department
18 of Education. The articulation agreement must specifically
19 provide that every associate in arts graduate of a Florida
20 community college shall have met all general education
21 requirements and must be granted admission to the upper
22 division of a state university except to a limited access or
23 teacher certification program or a major program requiring an
24 audition. After admission has been granted to students under
25 provisions of this section and to university students who have
26 successfully completed 60 credit hours of coursework,
27 including 36 hours of general education, and met the
28 requirements of s. 240.107, admission shall be granted to
29 State University System and Florida community college students
30 who have successfully completed 60 credit hours of work,
31 including 36 hours of general education. Community college
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1 associate in arts graduates shall receive priority for
2 admission to a state university over out-of-state students.
3 Orientation programs and student handbooks provided to
4 freshman enrollees and transfer students at state universities
5 must include an explanation of this provision of the
6 articulation agreement.
7 (b) Any student who transfers among regionally
8 accredited postsecondary institutions that are fully
9 accredited by a regional or national accrediting agency
10 recognized by the United States Department of Education and
11 that participate in the common course designation and
12 numbering system shall be awarded credit by the receiving
13 institution for courses satisfactorily completed by the
14 student at the previous institutions. Credit shall be awarded
15 if the courses are judged by the appropriate common course
16 designation and numbering system faculty task force
17 representing community colleges, public universities, and
18 participating nonpublic postsecondary education institutions
19 to be academically equivalent to courses offered at the
20 receiving institution, including equivalency of faculty
21 credentials, regardless of the public or nonpublic control of
22 the previous institution. The Department of Education shall
23 ensure that credits to be accepted by a receiving institution
24 are generated in courses for which the faculty possess
25 credentials that are comparable to those required by the
26 accrediting association of the receiving institution. The
27 award of credit may be limited to courses that are entered in
28 the common course designation and numbering system. Credits
29 awarded pursuant to this subsection shall satisfy
30 institutional requirements on the same basis as credits
31 awarded to native students.
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1 (c) The articulation agreement must guarantee the
2 statewide articulation of appropriate workforce development
3 programs and courses between school districts and community
4 colleges and specifically provide that every applied
5 technology diploma graduate must be granted the same amount of
6 credit upon admission to an associate in science degree or
7 associate in applied science degree program unless it is a
8 limited access program. Preference for admission must be given
9 to graduates who are residents of Florida.
10 (d) By fall semester 1998, the articulation agreement
11 must guarantee the statewide articulation of appropriate
12 courses within associate in science degree programs to
13 baccalaureate degree programs, according to standards
14 established by the Articulation Coordinating Committee after
15 consultation with the Board of Regents and the State Board of
16 Community Colleges. Courses within an associate in applied
17 science degree program may articulate into a baccalaureate
18 degree program on an individual or block basis as authorized
19 in local inter-institutional articulation agreements.
20 (2) The universities, community college district
21 boards of trustees, and district school boards are authorized
22 to establish intrainstitutional and interinstitutional
23 programs to maximize this articulation. Programs may include
24 upper-division-level courses offered at the community college,
25 distance learning, transfer agreements that facilitate the
26 transfer of credits between public and nonpublic postsecondary
27 institutions, and the concurrent enrollment of students at a
28 community college and a state university to enable students to
29 take any level of baccalaureate degree coursework. Should the
30 establishment of these programs necessitate the waiver of
31 existing State Board of Education rules, reallocation of
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1 funds, or revision or modification of student fees, each
2 college or university shall submit the proposed articulation
3 program to the State Board of Education for review and
4 approval. The State Board of Education is authorized to waive
5 its rules and make appropriate reallocations, revisions, or
6 modifications in accordance with the above.
7 Section 15. Section 240.3031, Florida Statutes, is
8 amended to read:
9 240.3031 Florida State Community College System
10 defined.--The Florida State Community College System shall
11 consist of the following:
12 (1) The State Board of Community Colleges of the
13 Division of Community Colleges of the Department of Education.
14 (2) Brevard Community College.
15 (3) Broward Community College.
16 (4) Central Florida Community College.
17 (5) Chipola Junior College.
18 (6) Daytona Beach Community College.
19 (7) Edison Community College.
20 (8) Florida Community College at Jacksonville.
21 (9) Florida Keys Community College.
22 (10) Gulf Coast Community College.
23 (11) Hillsborough Community College.
24 (12) Indian River Community College.
25 (13) Lake City Community College.
26 (14) Lake-Sumter Community College.
27 (15) Manatee Community College.
28 (16) Miami-Dade Community College.
29 (17) North Florida Community College.
30 (18) Okaloosa-Walton Community College.
31 (19) Palm Beach Community College.
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1 (20) Pasco-Hernando Community College.
2 (21) Pensacola Junior College.
3 (22) Polk Community College.
4 (23) St. Johns River Community College.
5 (24) St. Petersburg Junior College.
6 (25) Santa Fe Community College.
7 (26) Seminole Community College.
8 (27) South Florida Community College.
9 (28) Tallahassee Community College.
10 (29) Valencia Community College.
11 Section 16. Paragraphs (b) and (c) of subsection (3)
12 and paragraph (a) of subsection (5) of section 240.311,
13 Florida Statutes, are amended to read:
14 240.311 State Board of Community Colleges; powers and
15 duties.--
16 (3) The State Board of Community Colleges shall:
17 (b) Provide, through rule, for the coordination of the
18 Florida state community college system.
19 (c) Review new associate degree, diploma, and or
20 certificate programs for relationship to student demand;
21 conduct periodic reviews of existing programs; and provide
22 rules for termination of associate degree or certificate
23 programs when excessive duplication exists.
24 (5) The State Board of Community Colleges is
25 responsible for reviewing and administering the state program
26 of support for the Florida state community college system and,
27 subject to existing law, shall:
28 (a) Review and approve all budgets and recommended
29 budget amendments in the Florida state community college
30 system.
31
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1 Section 17. Section 240.35, Florida Statutes, as
2 amended by chapter 97-383, Laws of Florida, is amended to
3 read:
4 240.35 Student fees.--Unless otherwise provided, the
5 provisions of this section apply only to fees charged for
6 college credit instruction leading to an associate in arts
7 degree, an associate in applied science degree, or an
8 associate in science degree and noncollege credit, including
9 college-preparatory courses defined in s. 239.105.
10 (1) The State Board of Community Colleges shall
11 establish the matriculation and tuition fees for
12 college-preparatory instruction and for credit instruction
13 which may be counted toward an associate in arts degree, an
14 associate in applied science degree, or an associate in
15 science degree. This instruction includes advanced programs
16 and professional programs.
17 (2)(a) Any student for whom the state is paying a
18 foster care board payment pursuant to s. 409.145(3) or parts
19 II III and III V of chapter 39, for whom the permanency
20 planning goal pursuant to part III V of chapter 39 is
21 long-term foster care or independent living, or who is adopted
22 from the Department of Children and Family Services after
23 December 31, 1997, shall be exempt from the payment of all
24 undergraduate fees, including fees associated with enrollment
25 in college-preparatory instruction or completion of the
26 college-level communication and computation skills testing
27 program. Before a fee exemption can be given, the student
28 shall have applied for and been denied financial aid, pursuant
29 to s. 240.404, which would have provided, at a minimum,
30 payment of all student fees. Such exemption shall be available
31 to any student adopted from the Department of Children and
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1 Family Services after December 31, 1997; however, the
2 exemption shall be valid for no more than 4 years after the
3 date of graduation from high school.
4 (b) Any student qualifying for a fee exemption under
5 this subsection shall receive such an exemption for not more
6 than 2 consecutive years or 4 semesters, unless the student is
7 participating in college-preparatory instruction or requires
8 additional time to complete the college-level communication
9 and computation skills testing program. Such a student is
10 eligible to receive a fee exemption for a maximum of 3
11 consecutive years or 6 semesters.
12 (c) As a condition for continued fee exemption, a
13 student shall earn a grade point average of at least 2.0 on a
14 4.0 scale for the previous term, maintain at least an overall
15 2.0 average for college work, or have an average below 2.0 for
16 only the previous term and be eligible for continued
17 enrollment in the institution.
18 (3) Students enrolled in dual enrollment and early
19 admission programs under s. 240.116 and students enrolled in
20 employment and training programs under the WAGES Program are
21 exempt from the payment of registration, matriculation, and
22 laboratory fees; however, such students may not be included
23 within calculations of fee-waived enrollments. The community
24 college shall assist a student under the WAGES Program in
25 obtaining financial aid as it would any other student. A
26 student under the WAGES Program may not be denied
27 participation in programs during the application process for
28 financial aid. If financial aid is denied, The local WAGES
29 coalition shall pay the community college for costs incurred
30 by that WAGES participant related to that person's classes or
31 program. Other fee-exempt instruction provided under this
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1 subsection generates an additional one-fourth full-time
2 equivalent enrollment.
3 (4)(a) Fees shall be waived for certain members of the
4 active Florida National Guard pursuant to s. 250.10(8).
5 (b) Community colleges may waive fees for any
6 fee-nonexempt student. A student whose fees are waived in
7 excess of the amount authorized annually in the General
8 Appropriations Act may not be included in calculations of
9 full-time equivalent enrollments for state funding purposes.
10 Any community college that waives fees and requests state
11 funding for a student in violation of the provisions of this
12 subsection shall be penalized at a rate equal to two times the
13 value of the full-time equivalent student enrollment reported
14 served. Such penalty shall be charged against the following
15 year's allocation from the Community College Program Fund.
16 (5) Subject to review and final approval by the State
17 Board of Education, the State Board of Community Colleges
18 shall adopt by December 31 of each year a resident fee
19 schedule for the following fall for advanced and professional,
20 associate in science degree, and college-preparatory programs
21 that produce revenues in the amount of 25 percent of the full
22 prior year's cost of these programs. However, the board may
23 not adopt an annual fee increase in any program for resident
24 students which exceeds 10 percent. Fees for courses in
25 college-preparatory programs and associate in arts and
26 associate in science degree programs may be established at the
27 same level. In the absence of a provision to the contrary in
28 an appropriations act, the fee schedule shall take effect and
29 the colleges shall expend the funds on instruction. If the
30 Legislature provides for an alternative fee calculation in an
31 appropriations act, the board shall establish a fee schedule
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1 that produces the fee revenue established in the
2 appropriations act based on the assigned enrollment.
3 (6) Each community college board of trustees shall
4 establish matriculation and tuition fees, which may vary no
5 more than 10 percent from the fee schedule adopted by the
6 State Board of Community Colleges.
7 (7) The sum of nonresident student matriculation and
8 tuition fees must be sufficient to defray the full cost of
9 each program. The annual fee increases for nonresident
10 students established by the board, in the absence of
11 legislative action to the contrary in an appropriations act,
12 may not exceed 25 percent.
13 (8) The State Board of Community Colleges shall adopt
14 a rule specifying the definitions and procedures to be used in
15 the calculation of the percentage of cost paid by students.
16 The rule must provide for the calculation of the full cost of
17 educational programs based on the allocation of all funds
18 provided through the general current fund to programs of
19 instruction, and other activities as provided in the annual
20 expenditure analysis. The rule shall be developed in
21 consultation with the Legislature.
22 (9) Each community college district board of trustees
23 may establish a separate activity and service fee not to
24 exceed 10 percent of the matriculation fee, according to rules
25 of the State Board of Education. The student activity and
26 service fee shall be collected as a component part of the
27 registration and tuition fees. The student activity and
28 service fees shall be paid into a student activity and service
29 fund at the community college and shall be expended for lawful
30 purposes to benefit the student body in general. These
31 purposes include, but are not limited to, student publications
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1 and grants to duly recognized student organizations, the
2 membership of which is open to all students at the community
3 college without regard to race, sex, or religion.
4 (10)(a) Each community college is authorized to
5 collect for financial aid purposes an additional amount up to,
6 but not to exceed, 5 percent of the total student tuition or
7 matriculation fees collected. Each community college may
8 collect up to an additional 2 percent if the amount generated
9 by the total financial aid fee is less than $250,000. If the
10 amount generated is less than $250,000, a community college
11 that charges tuition and matriculation fees at least equal to
12 the average fees established by rule may transfer from the
13 general current fund to the scholarship fund an amount equal
14 to the difference between $250,000 and the amount generated by
15 the total financial aid fee assessment. No other transfer
16 from the general current fund to the loan, endowment, or
17 scholarship fund, by whatever name known, is authorized.
18 (b) All funds collected under this program shall be
19 placed in the loan and endowment fund or scholarship fund of
20 the college, by whatever name known. Such funds shall be
21 disbursed to students as quickly as possible. An amount not
22 greater than 40 percent of the fees collected in a fiscal year
23 may be carried forward unexpended to the following fiscal
24 year. However, funds collected prior to July 1, 1989, and
25 placed in an endowment fund may not be considered part of the
26 balance of funds carried forward unexpended to the following
27 fiscal year.
28 (c) Up to 25 percent or $300,000 $250,000, whichever
29 is greater, of the fees collected may be used to assist
30 students who demonstrate academic merit, who participate in
31 athletics, public service, cultural arts, and other
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1 extracurricular programs as determined by the institution, or
2 who are identified as members of a targeted gender or ethnic
3 minority population. The financial aid fee revenues allocated
4 for athletic scholarships and fee exemptions provided pursuant
5 to subsection (14) for athletes shall be distributed equitably
6 as required by s. 228.2001(3)(d). A minimum of 50 percent of
7 the balance of these funds shall be used to provide financial
8 aid based on absolute need, and the remainder of the funds
9 shall be used for academic merit purposes and other purposes
10 approved by the district boards of trustees. Such other
11 purposes shall include the payment of child care fees for
12 students with financial need. The State Board of Community
13 Colleges shall develop criteria for making financial aid
14 awards. Each college shall report annually to the Department
15 of Education on the criteria used to make awards, the amount
16 and number of awards for each criterion, and a delineation of
17 the distribution of such awards. Awards which are based on
18 financial need shall be distributed in accordance with a
19 nationally recognized system of need analysis approved by the
20 State Board of Community Colleges. An award for academic merit
21 shall require a minimum overall grade point average of 3.0 on
22 a 4.0 scale or the equivalent for both initial receipt of the
23 award and renewal of the award.
24 (d) These funds may not be used for direct or indirect
25 administrative purposes or salaries.
26 (11) Any community college that reports students who
27 have not paid fees in an approved manner in calculations of
28 full-time equivalent enrollments for state funding purposes
29 shall be penalized at a rate equal to two times the value of
30 such enrollments. Such penalty shall be charged against the
31 following year's allocation from the Community College Program
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1 Fund and shall revert to the General Revenue Fund. The State
2 Board of Education shall specify, as necessary, by rule,
3 approved methods of student fee payment. Such methods shall
4 include, but not be limited to, student fee payment; payment
5 through federal, state, or institutional financial aid; and
6 employer fee payments. A community college may not charge any
7 fee except as authorized by law or rules of the State Board of
8 Education.
9 (12) Each community college shall report only those
10 students who have actually enrolled in instruction provided or
11 supervised by instructional personnel under contract with the
12 community college in calculations of actual full-time
13 equivalent enrollments for state funding purposes. No student
14 who has been exempted from taking a course or who has been
15 granted academic or vocational credit through means other than
16 actual coursework completed at the granting institution shall
17 be calculated for enrollment in the course from which he or
18 she has been exempted or granted credit. Community colleges
19 that report enrollments in violation of this subsection shall
20 be penalized at a rate equal to two times the value of such
21 enrollments. Such penalty shall be charged against the
22 following year's allocation from the Community College Program
23 Fund and shall revert to the General Revenue Fund.
24 (13) Each community college board of trustees may
25 establish a separate fee for capital improvements or equipping
26 student buildings which may not exceed $1 per credit hour or
27 credit-hour equivalent for residents and which equals or
28 exceeds $3 per credit hour for nonresidents. Funds collected
29 by community colleges through these fees may be bonded only
30 for the purpose of financing or refinancing new construction
31 of educational facilities. The fee shall be collected as a
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1 component part of the registration and tuition fees, paid into
2 a separate account, and expended only to construct and equip,
3 maintain, improve, or enhance the educational facilities of
4 the community college. Projects funded through the use of the
5 capital improvement fee shall meet the survey and construction
6 requirements of chapter 235. Pursuant to s. 216.0158, each
7 community college shall identify each project, including
8 maintenance projects, proposed to be funded in whole or in
9 part by such fee. Capital improvement fee revenues may be
10 pledged by a board of trustees as a dedicated revenue source
11 to the repayment of debt, including lease-purchase agreements
12 and revenue bonds, with a term not to exceed 20 years, only
13 for the new construction of educational facilities. Community
14 colleges may use the services of the Division of Bond Finance
15 of the State Board of Administration to issue any bonds
16 authorized through the provisions of this subsection. Any such
17 bonds issued by the Division of Bond Finance shall be in
18 compliance with the provisions of the State Bond Act. Bonds
19 issued pursuant to the State Bond Act shall be validated in
20 the manner provided by chapter 75. The complaint for such
21 validation shall be filed in the circuit court of the county
22 where the seat of state government is situated, the notice
23 required to be published by s. 75.06 shall be published only
24 in the county where the complaint is filed, and the complaint
25 and order of the circuit court shall be served only on the
26 state attorney of the circuit in which the action is pending.
27 A maximum of 15 cents per credit hour may be allocated from
28 the capital improvement fee for child care centers conducted
29 by the community college.
30 (14) Each community college is authorized to grant
31 student fee exemptions from all fees adopted by the State
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1 Board of Community Colleges and the community college board of
2 trustees for up to 40 full-time equivalent students at each
3 institution.
4 Section 18. Paragraph (b) of subsection (1) of section
5 240.359, Florida Statutes, is amended to read:
6 240.359 Procedure for determining state financial
7 support and annual apportionment of state funds to each
8 community college district.--The procedure for determining
9 state financial support and the annual apportionment to each
10 community college district authorized to operate a community
11 college under the provisions of s. 240.313 shall be as
12 follows:
13 (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE
14 COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING
15 PROGRAM.--
16 (b) The allocation of funds for community colleges
17 shall be based on advanced and professional disciplines,
18 college-preparatory programs, and on other programs for adults
19 funded pursuant to s. 239.115.
20 Section 19. Subsection (1) of section 246.013, Florida
21 Statutes, is amended to read:
22 246.013 Participation in the common course designation
23 and numbering system.--
24 (1) Nonpublic colleges and schools that have been
25 issued a regular license pursuant to s. 246.081(2), or
26 nonpublic postsecondary colleges that are exempt from state
27 licensure pursuant to s. 246.085(1)(a) and that are fully
28 accredited by a regional or national accrediting agency
29 recognized by the United States Department of Education, by a
30 member of the Commission on Colleges of the Southern
31 Association of Colleges and Schools and accredited nonpublic
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1 postsecondary colleges exempt from state licensure pursuant to
2 s. 246.085(1)(a) may participate in the common course
3 designation and numbering system pursuant to s. 229.551.
4 Participating colleges and schools shall bear the costs
5 associated with inclusion in the system and shall meet the
6 terms and conditions for institutional participation in the
7 system. The department shall adopt a fee schedule that
8 includes the expenses incurred through data processing,
9 faculty task force travel and per diem, and staff and clerical
10 support time. Such fee schedule may differentiate between the
11 costs associated with initial course inclusion in the system
12 and costs associated with subsequent course maintenance in the
13 system. Decisions regarding initial course inclusion and
14 subsequent course maintenance must be made within 360 days
15 after submission of the required materials and fees by the
16 institution. The Department of Education may select a date by
17 which colleges must submit requests for new courses to be
18 included, and may delay review of courses submitted after that
19 date until the next year's cycle. Any college that currently
20 participates in the system, and that participated in the
21 system prior to July 1, 1986, shall not be required to pay the
22 costs associated with initial course inclusion in the system.
23 Fees collected for participation in the common course
24 designation and numbering system pursuant to the provisions of
25 this section shall be deposited in the Institutional
26 Assessment Trust Fund created by s. 246.31. Any nonpublic,
27 nonprofit college or university that is eligible to
28 participate in the common course designation and numbering
29 system shall not be required to pay the costs associated with
30 participation in the system. The Legislature finds and
31 declares that independent nonprofit colleges and universities
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1 eligible to participate in the Florida resident access grant
2 program pursuant to s. 240.605 are an integral part of the
3 higher education system in this state and that a significant
4 number of state residents choose this form of higher
5 education. Any independent college or university that is
6 eligible to participate in the Florida resident access grant
7 program shall not be required to pay the costs associated with
8 participation in the common course designation and numbering
9 system.
10 Section 20. Subsection (2) of section 446.011, Florida
11 Statutes, is amended to read:
12 446.011 Declaration of legislative intent with respect
13 to apprenticeship training.--
14 (2) It is the intent of the Legislature that the
15 Division of Jobs and Benefits of the Department of Labor and
16 Employment Security have responsibility for the development of
17 the apprenticeship and preapprenticeship uniform minimum
18 standards for the apprenticeable trades and that the Division
19 of Workforce Development and the Division of Public Schools
20 and Community Education of the Department of Education have
21 responsibility for assisting district school boards and
22 community college district boards of trustees in developing
23 preapprenticeship programs in compliance with the standards
24 established by the Division of Jobs and Benefits.
25 Section 21. Subsection (8) of section 446.041, Florida
26 Statutes, is amended to read:
27 446.041 Apprenticeship program, duties of
28 division.--The Division of Jobs and Benefits shall:
29 (8) Cooperate with and assist the Division of
30 Workforce Development and the Division of Public Schools and
31 Community Education of the Department of Education and
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1 appropriate education institutions in the development of
2 viable apprenticeship and preapprenticeship programs.
3 Section 22. Subsections (2) and (3) of section
4 446.052, Florida Statutes, is amended to read:
5 446.052 Preapprenticeship program.--
6 (2) The Division of Workforce Development Public
7 Schools and Community Education of the Department of
8 Education, under regulations established by the State Board of
9 Education, is authorized to administer the provisions of ss.
10 446.011-446.092 that relate to preapprenticeship programs in
11 cooperation with district school boards and community college
12 district boards of trustees. District school boards, community
13 college district boards of trustees, and registered program
14 sponsors shall cooperate in developing and establishing
15 programs that include vocational instruction and general
16 education courses required to obtain a high school diploma.
17 (3) The Division of Workforce Development Public
18 Schools and Community Education, the district school boards,
19 the community college district boards of trustees, and the
20 Division of Jobs and Benefits shall work together with
21 existing registered apprenticeship programs so that
22 individuals completing such preapprenticeship programs may be
23 able to receive credit towards completing a registered
24 apprenticeship program.
25 Section 23. (1) As referenced in section 239.117,
26 Florida Statutes, the base resident fee charged by school
27 districts and community colleges for 1998-1999 shall be at
28 least $0.86 per contact hour or credit hour equivalent for
29 vocational certificate programs and $1.43 per contact hour or
30 credit hour equivalent for continuing workforce education
31 programs. Students who are not fee-exempt in adult general
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1 education programs shall be charged the same fee as vocational
2 certificate students.
3 (2) The base non-resident fee amount charged by both
4 school districts and community colleges for 1998-1999 is based
5 on the full cost of instruction and shall be at least $5.73
6 per contact hour or credit hour equivalent for both vocational
7 certificates or continuing workforce education. Students who
8 are not fee-exempt in adult general education programs shall
9 be charged the same fee as vocational certificate programs.
10 (3) A local educational agency may waive fees, as
11 designated in section 239.117(5), Florida Statutes, up to an
12 amount equal to 8 percent of the agency's total Workforce
13 Development enrollment hours.
14 Section 24. This act shall take effect July 1, 1998.
15
16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 CS/SB's 1124, 2048 & 1120
18
19 The Committee Substitute for the Committee Substitute:
20 Changes the definition of "applied technology diploma program"
to provide that college credit is conferred only when
21 community colleges offer the program. In school district
technical centers, college credit for the diploma is granted
22 when a student transfers to an associate-in-science degree
program. The statewide articulation agreement must assure that
23 each community college grants the same amount of credit for
the diploma.
24
Establishes a 1-year fee schedule and fee-waiver authority for
25 vocational certificate and adult general education programs.
This schedule is usually included in the General
26 Appropriations Act, but is omitted in the 1998-1999 budget.
27 Amends the capitalization grant program to conform to
provisions in the proposed budget. The Postsecondary Education
28 Planning Commission will administer the program in
consultation with the Department of Education, the Jobs and
29 Education Partnership, and the State Board of Community
Colleges.
30
Deletes obsolete provisions and conforms provisions.
31
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