Senate Bill 1124e1

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







    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  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

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  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; requiring that the

22         Commissioner of Education and the Executive

23         Director of the State Board of Community

24         Colleges investigate issues related to

25         implementing the act; requiring a report to the

26         Governor and the Legislature; creating the

27         Employment Task Force for Adults with

28         Disabilities to review programs that provide

29         education for adults with disabilities;

30         providing for the appointment of members of the

31         task force; requiring that the Department of


                                  2

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         Education provide staff to assist the task

  2         force; providing for reimbursement for travel

  3         expenses; requiring that the task force report

  4         to the Commissioner of Education; requiring the

  5         State Board of Community Colleges to identify

  6         procedures to encourage the joint use of

  7         facilities for specified programs; requiring

  8         the board to report to the Legislature;

  9         providing an effective date.

10

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

12

13         Section 1.  This act may be cited as the "Workforce

14  Development Implementation Act of 1998."

15         Section 2.  The Legislature recognizes that the need

16  for school districts and community colleges to be able to

17  respond to emerging local or statewide economic development

18  needs is critical to the workforce development system. The

19  Workforce Development Capitalization Incentive Grant Program

20  is created to provide grants to school districts and community

21  colleges on a competitive basis to fund some or all of the

22  costs associated with the creation or expansion of workforce

23  development programs that serve specific employment workforce

24  needs.

25         (a) Funds awarded for a workforce development

26  capitalization incentive grant may be used for instructional

27  equipment, laboratory equipment, supplies, personnel, student

28  services, or other expenses associated with the creation or

29  expansion of a workforce development program. Expansion of a

30  program may include either the expansion of enrollments in a

31  program or expansion into new areas of specialization within a


                                  3

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  program. No grant funds may be used for recurring

  2  instructional costs or for institutions' indirect costs.

  3         (b) The Postsecondary Education Planning Commission

  4  shall accept applications from school districts or community

  5  colleges for workforce development capitalization incentive

  6  grants. Applications from school districts or community

  7  colleges shall contain projected enrollments and projected

  8  costs for the new or expanded workforce development program.

  9  The Postsecondary Education Planning Commission, in

10  consultation with the Jobs and Education Partnership, the

11  Department of Education, and the State Board of Community

12  Colleges, shall review and rank each application for a grant

13  according to paragraph (c) and shall submit to the Legislature

14  a list in priority order of applications recommended for a

15  grant award.

16         (c) The commission shall give highest priority to

17  programs that train people to enter high-skill, high-wage

18  occupations identified by the occupational forecasting

19  conference and other programs approved by the Jobs and

20  Education Partnership; programs that train people to enter

21  occupations on the WAGES list; or programs that train for the

22  workforce adults who are eligible for public assistance,

23  economically disadvantaged, disabled, not proficient in

24  English, or dislocated workers. The commission shall consider

25  the statewide geographic dispersion of grant funds in ranking

26  the applications and shall give priority to applications from

27  education agencies that are making maximum use of their

28  workforce development funding by offering high-performing,

29  high-demand programs.

30         Section 3.  The Legislature finds that changes in

31  workforce development education required by chapter 97-307,


                                  4

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  Laws of Florida, require the development of an information

  2  infrastructure that has been adequately tested and

  3  retrofitted. The Legislature further finds that, to be

  4  adequate for calculating funding levels for programs conducted

  5  by both school districts and community colleges, a single

  6  Workforce Development Information System must be developed in

  7  an orderly, phased process with resources adequate to make the

  8  changes identified in the final report of the Commissioner's

  9  Task Force on Workforce Development. Therefore, the Department

10  of Education, school districts, and community colleges shall

11  cooperate to implement the following schedule:

12         (1)  By July 1, 1998, as recommended by the task force,

13  implement the additional reporting sequences, revised data

14  elements, and combined individually identifiable student

15  information from the student data bases maintained by the

16  Division of Community Colleges and the Division of Public

17  Schools. Individually identifiable student information shall

18  be reported only as required for making funding decisions as

19  required by section 239.115, Florida Statutes, the

20  recommendations of the Commissioner's Task Force on Workforce

21  Development, and the General Appropriations Act. These

22  divisions shall cooperate with the Office of Workforce

23  Education Outcome Information Services of the Department of

24  Education to conduct the joint data element review process

25  recommended in the task force report.

26         (2) On November 1, 1998, April 1, 1999, and June 1,

27  1999, provide the Commissioner with a progress report on the

28  implementation of the recommendations of the Commissioner's

29  Task Force on Workforce Development. The report must identify

30  any problems that might impede implementation and describe

31  activities taken to correct them.


                                  5

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (3) By December 1, 1998:

  2         (a) Design specifications for the collection and

  3  reporting of data and performance specifications for the

  4  Workforce Development Information System. This design must

  5  enable parallel reporting and state-level access of workforce

  6  data necessary to use the data reports as a basis for

  7  calculating funding allocations. In addition, the design must

  8  be capable of providing reports necessary to comply with other

  9  program performance documentation required by state or federal

10  law, without requiring additional data collection or reporting

11  from local educational agencies.

12         (b)  Develop the computer programs, software, and edit

13  processes necessary for local and state users to produce a

14  single, unified Workforce Development Information System.

15         (4)  By May 15, 1999, complete pilot testing local and

16  state Workforce Development Information System processes.

17         (5)  By July 1, 1999, complete design and development

18  of the Workforce Development Information System.

19         (6)  On October 1, 1999, community colleges and school

20  districts shall complete the first reporting period applicable

21  to the Workforce Development Information System. To assure

22  that this implementation process is conducted successfully,

23  the implementation dates required in sections 239.115 and

24  239.117, Florida Statutes, are advanced by 1 year, to July 1,

25  1999, for implementation of the funding formula, and to the

26  2000-2001 school year for implementation of the fee schedule.

27  During the 1998-1999 fiscal year, school districts and

28  community colleges shall conduct workforce development

29  education programs with state funding as provided in the

30  General Appropriations Act.

31


                                  6

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         Section 4.  Subsection (1) of section 229.551, Florida

  2  Statutes, is amended to read:

  3         229.551  Educational management.--

  4         (1)  The department is directed to identify all

  5  functions which under the provisions of this act contribute

  6  to, or comprise a part of, the state system of educational

  7  accountability and to establish within the department the

  8  necessary organizational structure, policies, and procedures

  9  for effectively coordinating such functions.  Such policies

10  and procedures shall clearly fix and delineate

11  responsibilities for various aspects of the system and for

12  overall coordination of the total system.  The commissioner

13  shall perform the following duties and functions:

14         (a)  Coordination of department plans for meeting

15  educational needs and for improving the quality of education

16  provided by the state system of public education;

17         (b)  Coordination of management information system

18  development for all levels of education and for all divisions

19  of the department, to include the development and utilization

20  of cooperative education computing networks for the state

21  system of public education;

22         (c)  Development of database definitions and all other

23  items necessary for full implementation of a comprehensive

24  management information system as required by s. 229.555;

25         (d)  Coordination of all planning functions for all

26  levels and divisions within the department;

27         (e)  Coordination of all cost accounting and cost

28  reporting activities for all levels of education, including

29  public schools, vocational programs, community colleges, and

30  institutions in the State University System;

31


                                  7

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (f)  Development and coordination of a common course

  2  designation and numbering system for postsecondary education

  3  in school districts, community colleges, participating

  4  nonpublic postsecondary education institutions, and the State

  5  University System which will improve program planning,

  6  increase communication among all postsecondary delivery

  7  systems community colleges and universities, and facilitate

  8  the transfer of students.  The system shall not encourage or

  9  require course content prescription or standardization or

10  uniform course testing, and the continuing maintenance of the

11  system shall be accomplished by appropriate faculty committees

12  representing public and participating nonpublic institutions.

13  Also, the system shall be applied to all postsecondary and

14  certificate career education programs and courses offered in

15  school districts and community colleges.  The Articulation

16  Coordinating Committee, whose membership represents public and

17  nonpublic postsecondary institutions, shall:

18         1.  Identify the highest demand degree programs within

19  the State University System.

20         2.  Conduct a study of courses offered by universities

21  and accepted for credit toward a degree.  The study shall

22  identify courses designated as either general education or

23  required as a prerequisite for a degree.  The study shall also

24  identify these courses as upper-division level or

25  lower-division level.

26         3.  Appoint faculty committees representing both

27  community college and university faculties to recommend a

28  single level for each course included in the common course

29  numbering and designation system.  Any course designated as an

30  upper-division level course must be characterized by a need

31  for advanced academic preparation and skills that a student


                                  8

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  would be unlikely to achieve without significant prior

  2  coursework. A course that is offered as part of an associate

  3  in science degree program and as an upper-division course for

  4  a baccalaureate degree shall be designated for both the lower

  5  and upper division. Of the courses required for each

  6  baccalaureate degree, at least half of the credit hours

  7  required for the degree shall be achievable through courses

  8  designated as lower-division courses, except in degree

  9  programs approved by the Board of Regents pursuant to s.

10  240.209(5)(e).  A course designated as lower-division may be

11  offered by any community college. By January 1, 1996, The

12  Articulation Coordinating Committee shall recommend to the

13  State Board of Education the levels for the courses.  By

14  January 1, 1996, The common course numbering and designation

15  system shall include the courses at the recommended levels,

16  and by fall semester of 1996, the registration process at each

17  state university and community college shall include the

18  courses at their designated levels and common course numbers.

19         4.  Appoint faculty committees representing both

20  community college and university faculties to recommend those

21  courses identified to meet general education requirements

22  within the subject areas of communication, mathematics, social

23  sciences, humanities, and natural sciences.  By January 1,

24  1996, The Articulation Coordinating Committee shall recommend

25  to the State Board of Education those courses identified to

26  meet these general education requirements by their common

27  course code number. By fall semester, 1996, All community

28  colleges and state universities shall accept these general

29  education courses.

30         5.  Appoint faculty committees representing both

31  community colleges and universities to recommend common


                                  9

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  prerequisite courses and identify course substitutions when

  2  common prerequisites cannot be established for degree programs

  3  across all institutions. Faculty work groups shall adopt a

  4  strategy for addressing significant differences in

  5  prerequisites, including course substitutions.  The Board of

  6  Regents shall be notified by the Articulation Coordinating

  7  Committee when significant differences remain.  By fall

  8  semester, 1996, Common degree program prerequisites shall be

  9  offered and accepted by all state universities and community

10  colleges, except in cases approved by the Board of Regents

11  pursuant to s. 240.209(5)(f).  The Board of Regents shall work

12  with the State Board of Community Colleges on the development

13  of a centralized database containing the list of courses and

14  course substitutions that meet the prerequisite requirements

15  for each baccalaureate degree program; and

16         (g)  Expansion and ongoing maintenance of the common

17  course designation and numbering system to include the

18  numbering and designation of college credit postsecondary

19  vocational courses and facilitate the transfer of credits

20  between public schools, and community colleges, and state

21  universities.  The Articulation Coordinating Committee shall:

22         1.  Adopt guidelines for the participation of public

23  school districts and community colleges in offering college

24  credit courses that may be transferred to a certificate,

25  diploma, or degree program.  These guidelines shall establish

26  standards addressing faculty qualifications, admissions,

27  program curricula, participation in the common course

28  designation and numbering system, and other issues identified

29  by the Task Force on Workforce Development and the

30  Commissioner of Education.  Guidelines should also address the

31  role of accreditation in the designation of courses as


                                  10

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  transferable college credit. Such guidelines must not

  2  jeopardize the accreditation status of educational

  3  institutions and must be based on data related to the history

  4  of credit transfer among institutions in this state and

  5  others.

  6         2.  Identify Conduct a study identifying postsecondary

  7  vocational programs offered by community colleges and public

  8  school districts.  The list study shall also identify

  9  postsecondary vocational courses designated as college credit

10  courses applicable toward a vocational diploma or degree.

11  Such college credit courses must be identified within the

12  common course numbering and designation system.

13         3.  Appoint faculty committees representing both

14  community college and public school faculties to recommend a

15  standard program length and appropriate occupational

16  completion points for each postsecondary vocational

17  certificate program, diploma, and degree; and.  A course

18  designated as college credit may be offered by a public school

19  district or community college, provided the standards

20  established in subparagraph 1. are met

21         (h)  Development of common definitions necessary for

22  managing a uniform coordinated system of career education for

23  all levels of the state system of public education.

24         Section 5.  Subsection (1) of section 229.8075, Florida

25  Statutes, is amended to read:

26         229.8075  Florida Education and Training Placement

27  Information Program.--

28         (1)  The Department of Education shall develop and

29  maintain a continuing program of information management named

30  the "Florida Education and Training Placement Information

31  Program," the purpose of which is to compile, maintain, and


                                  11

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  disseminate information concerning the educational histories,

  2  placement and employment, enlistments in the United States

  3  armed services, and other measures of success of former

  4  participants in state educational and workforce development

  5  programs. Placement and employment information shall contain

  6  data appropriate to calculate job retention and job retention

  7  rates.

  8         Section 6.  Paragraph (h) of subsection (1) of section

  9  236.081, Florida Statutes, is amended to read:

10         236.081  Funds for operation of schools.--If the annual

11  allocation from the Florida Education Finance Program to each

12  district for operation of schools is not determined in the

13  annual appropriations act or the substantive bill implementing

14  the annual appropriations act, it shall be determined as

15  follows:

16         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

17  OPERATION.--The following procedure shall be followed in

18  determining the annual allocation to each district for

19  operation:

20         (h)  Instruction outside required number of school

21  days.--Students in grades 9 through 12 may be counted as

22  full-time equivalent students for instruction provided outside

23  the required number of school days or year if such instruction

24  counts as credit toward a high school graduation diploma.

25  However, if a high school student wishes to earn additional

26  high school credits from a community college and enrolls in

27  one or more adult secondary education courses at the community

28  college, the community college shall be reimbursed student's

29  school district must pay the community college for the costs

30  incurred because of the high school student's coenrollment as

31  provided in the General Appropriations Act.


                                  12

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         Section 7.  Section 239.105, Florida Statutes, is

  2  amended to read:

  3         239.105  Definitions.--As used in this chapter, the

  4  term:

  5         (1)  "Adult basic education" means courses of

  6  instruction designed to improve the employability of the

  7  state's workforce through instruction in mathematics, reading,

  8  language, and workforce readiness skills at grade level

  9  equivalency 0-8.9. at or below a fifth grade educational level

10  in the language arts, including English for speakers of other

11  languages, mathematics, natural and social sciences, consumer

12  education and other courses that enable an adult to attain

13  basic or functional literacy.

14         (2)  "Adult ESOL" or "adult ESL" means noncredit

15  English language courses designed to improve the employability

16  of the state's workforce through acquisition of communication

17  skills and cultural competencies which enhance ability to

18  read, write, speak, and listen in English. ESOL means English

19  for Speaker of Other Languages. ESL means English as a Second

20  Language. The two terms are interchangeable.

21         (3)(2)  "Adult general education" means a comprehensive

22  instructional programs designed to improve the employability

23  of the state's workforce through program of adult basic

24  education, adult secondary education, English for Speakers of

25  Other Languages, vocational preparatory instruction, and

26  instruction for adults with disabilities. general educational

27  development test instruction, and vocational preparatory

28  instruction.

29         (4)  "Adult high school credit program" means the award

30  of credits upon completion of courses and passing of state

31  mandated assessments necessary to qualify for a high school


                                  13

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  diploma.  Except as provided elsewhere in law, the graduation

  2  standards for adults shall be the same as those for secondary

  3  students.

  4         (5)(3)  "Adult secondary education" means courses

  5  through which a person receives high school credit that leads

  6  to the award of a high school diploma or courses of

  7  instruction through which a student prepares to take the

  8  General Educational Development test. This includes grade

  9  levels 9.0 through 12.9.

10         (6)  "Adult student" is a student who is beyond the

11  compulsory school age and who has legally left elementary or

12  secondary school, or a high school student who is taking an

13  adult course required for high school graduation.

14         (7)  "Adult with disability," for the purpose of

15  funding, means an individual who has a physical or mental

16  impairment that substantially limits one or more major life

17  activities, has a record of such impairment, or is regarded as

18  having such an impairment, and who requires modifications to

19  the educational program, adaptive equipment, or specialized

20  instructional methods and services in order to participate in

21  workforce development programs that lead to competitive

22  employment.

23         (8)  "Applied technology diploma program" means a

24  course of study that is part of a degree vocational education

25  program, is less than 60 credit hours, and leads to employment

26  in a specific occupation. An applied technology diploma

27  program may consist of either vocational credit or college

28  credit. A public school district may offer an applied

29  technology diploma program only as vocational credit, with

30  college credit awarded to a student upon articulation to a

31  community college. Statewide articulation among public schools


                                  14

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  and community colleges is guaranteed by s. 240.115, and is

  2  subject to guidelines and standards adopted by the

  3  articulation coordinating committee pursuant to s.

  4  229.551(1)(g).

  5         (9)(4)  "Basic literacy," which is also referred to as

  6  "beginning adult basic education," means the demonstration of

  7  academic competence from 2.0 through 5.9 educational grade

  8  levels as measured by means approved for this purpose by the

  9  State Board of Education.

10         (10)(5)  "Beginning literacy" means the demonstration

11  of academic competence from 0 through 1.9 educational grade

12  levels as measured by means approved for this purpose by the

13  State Board of Education.

14         (11)(6)  "College-preparatory instruction" means

15  courses through which a high school graduate who applies for

16  an associate in arts degree program or an associate in science

17  a degree program may attain the communication and computation

18  skills necessary to enroll in college credit instruction.

19         (12)(7)  "Commissioner" means the Commissioner of

20  Education.

21         (13)(8)  "Community education" means the use of a

22  school or other public facility as a community center operated

23  in conjunction with other public, private, and governmental

24  organizations for the purpose of providing educational,

25  recreational, social, cultural, health, and community services

26  for persons in the community in accordance with the needs,

27  interests, and concerns of that community, including lifelong

28  learning.

29         (14)  "Continuing workforce education" means

30  instruction that does not result in a vocational certificate,

31


                                  15

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  diploma, associate in applied science degree, or associate in

  2  science degree.  Continuing workforce education is for:

  3         (a)  Individuals who are required to have training for

  4  licensure renewal or certification renewal by a regulatory

  5  agency or credentialing body;

  6         (b)  New or expanding businesses as described in

  7  chapter 288;

  8         (c)  Business, industry, and government agencies whose

  9  products or services are changing so that retraining of

10  employees is necessary or whose employees need training in

11  specific skills to increase efficiency and productivity; or

12         (d)  Individuals who are enhancing occupational skills

13  necessary to maintain current employment, to cross train, or

14  to upgrade employment.

15         (15)(18)  "Degree vocational education program" means a

16  course of study that leads to an associate in applied science

17  technology degree or an associate in science degree.  A degree

18  vocational education program may contain within it one or more

19  occupational completion points and may lead to certificates or

20  diplomas within the course of study.  The term is

21  interchangeable with the term "degree career education

22  program."

23         (16)(9)  "Department" means the Department of

24  Education.

25         (10)  "Document literacy" means the demonstration of

26  competence in identifying and using information located in

27  materials such as charts, forms, tables, and indexes.

28         (17)(11)  "Family literacy" means a program for adults

29  with a literacy component for parents and children or other

30  intergenerational literacy components.

31


                                  16

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (18)(12)  "Functional literacy," which is also referred

  2  to as "intermediate adult basic education," means the

  3  demonstration of academic competence from 6.0 through 8.9

  4  educational grade levels as measured by means approved for

  5  this purpose by the State Board of Education.

  6         (19)(13)  "General Educational Development (GED) test

  7  preparation instruction" means courses of instruction designed

  8  to prepare adults for success on the five GED subject area

  9  tests leading to qualification for a State of Florida high

10  school diploma. noncredit courses through which persons

11  prepare to take the general educational development test.

12         (20)(14)  "Lifelong learning" means a noncredit course

13  or activity offered by a school district or community college

14  which seeks to address community social and economic issues

15  related to health and human relations, government, parenting,

16  consumer economics, and senior citizens.  The course or

17  activity must have specific expected outcomes that relate to

18  one or more of these areas.

19         (21)(15)  "Local educational agency" means a community

20  college or school district.

21         (22)(16)  "Local sponsor" means a school board,

22  community college board of trustees, public library, other

23  public entity, or private nonprofit entity, or any combination

24  of these entities, that provides adult literacy instruction.

25         (23)(17)  "Vocational certificate program" "Certificate

26  vocational education program" means a course of study that

27  leads to at least one occupational completion point. The

28  program may also confer credit that may articulate with a

29  diploma or degree career education program, if authorized by

30  rules of the Department of Education. Any college credit

31  instruction designed to articulate to a degree program is


                                  17

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  subject to guidelines and standards adopted by the

  2  Articulation Coordinating Committee pursuant to s.

  3  229.551(1)(g). The term is interchangeable with the term

  4  "certificate career education program."

  5         (24)(19)  "Occupational completion point" means the

  6  vocational competencies that qualify a person to enter an

  7  occupation that is linked to a vocational program.

  8         (20)  "Prose literacy" means the demonstration of

  9  competence in reading and interpreting materials such as

10  newspapers, magazines, and books.

11         (21)  "Quantitative literacy" means the demonstration

12  of competence in the application of arithmetic operations to

13  materials such as loan documents, sale advertisements, order

14  forms, and checking accounts.

15         (25)(22)  "Vocational education planning region" means

16  the geographic area in which career or adult education is

17  provided.  Each vocational region is contiguous with one of

18  the 28 community college service areas. The term may be used

19  interchangeably with the term "career education planning

20  region."

21         (26)(23)  "Vocational-preparatory instruction" means

22  adult general education through which persons attain academic

23  and workforce readiness skills at the level of functional

24  literacy (grade levels 6.0-8.9) or higher so that such persons

25  may pursue certificate career education or higher-level career

26  education.

27         (27)  "Vocational program" means a group of identified

28  competencies leading to occupations identified by a

29  Classification of Instructional Programs number.

30         (28)(25)  "Workforce development education" means adult

31  general education or vocational education and may consist of a


                                  18

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  continuing workforce education course single course or a

  2  program course of study leading to an occupational completion

  3  point, a vocational certificate, an applied technology

  4  diploma, or a vocational education an associate in applied

  5  technology degree, or an associate in science degree.

  6         (29)(24)  "Workforce literacy" means the basic skills

  7  necessary to perform in entry-level occupations or the skills

  8  necessary to adapt to technological advances in the workplace.

  9         Section 8.  Section 239.115, Florida Statutes, is

10  amended to read:

11         239.115  Funds for operation of adult general education

12  and vocational education programs.--

13         (1)  As used in this section, the terms "workforce

14  development education" and "workforce development program"

15  include:

16         (a)  Adult general education programs designed to

17  improve the employability skills of the state's workforce

18  through adult basic education, adult secondary education, GED

19  preparation, and vocational-preparatory education.;

20         (b)  Certificate Vocational certificate education

21  programs, including courses that lead to an occupational

22  completion point within a program that terminates in either a

23  certificate, a diploma or a degree.;

24         (c)  Applied technology diploma programs.

25         (d)  Continuing workforce education courses.

26         (e)(c)  Degree vocational education programs. that lead

27  to an associate in applied technology degree or an associate

28  in science degree; and

29         (f)(d)  Apprenticeship and pre-apprenticeship programs

30  as defined in s. 446.021.

31


                                  19

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (2)  Any workforce development education program may be

  2  conducted by a community college or a school district, except

  3  that college credit and an associate in science degree may be

  4  awarded only by a community college. However, if an associate

  5  in science degree program contains within it an occupational

  6  completion point that confers a certificate or an associate in

  7  applied technology diploma degree, that portion of the program

  8  may be conducted by a school district technical center. Any

  9  college credit instruction designed to articulate to a degree

10  program is subject to guidelines and standards adopted by the

11  Articulation Coordinating Committee pursuant to s.

12  229.551(1)(g).

13         (3)  If a program for disabled adults pursuant to s.

14  239.301 is a workforce development program as defined in law

15  this section it must be funded as provided in this section.

16         (4)  The Florida Workforce Development Education Fund

17  is created to provide performance-based funding for all

18  workforce development programs, whether the programs are

19  offered by a school district or a community college. Funding

20  for all workforce development education programs must be from

21  the Workforce Development Education Fund and must be based on

22  cost categories, performance output measures, and performance

23  outcome measures. This subsection takes effect July 1, 1999

24  1998.

25         (a)  The cost categories must be calculated to identify

26  high-cost programs, medium-cost programs, and low-cost

27  programs. The cost analysis used to calculate and assign a

28  program course of study to a cost category must include at

29  least both direct and indirect instructional costs, consumable

30  supplies, equipment, and standard optimum program length.

31


                                  20

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (b)1.  The performance output measure for a vocational

  2  education programs course of study is student completion of a

  3  vocational a single course; a program of study that leads to

  4  an occupational completion point associated with a

  5  certificate; an apprenticeship program; or a program that

  6  leads to an associate in applied technology diploma degree or

  7  an associate in science degree. Performance output measures

  8  for registered apprenticeship programs shall be based on

  9  program lengths that coincide with lengths established

10  pursuant to the requirements of chapter 446.

11         2.  The performance output measure for an adult general

12  education course of study is measurable improvement in student

13  skills. This measure shall include improvement in literacy

14  skills, grade level improvement as measured by an approved

15  test, or attainment of a general education development diploma

16  or an adult high school diploma.

17         (c)  The performance outcome measures for programs

18  funded through the Workforce Development Education Fund are

19  associated with placement and retention of students after

20  reaching a completion point or completing of a program course

21  of study. These measures include placement or retention in

22  employment that is related to the program course of study;

23  placement into or retention in employment in an occupation on

24  the Occupational Forecasting Conference list of high-wage,

25  high-skill occupations with sufficient openings; and placement

26  and retention of WAGES clients or former WAGES clients; and

27  retention in employment of former WAGES clients. Continuing

28  postsecondary education at a level that will further enhance

29  employment is a performance outcome for adult general

30  education programs. Placement and retention must be reported

31  pursuant to ss. 229.8075 and 239.233.


                                  21

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (5)  Effective July 1, 1999, for school districts

  2  providing adult basic education for the elderly to at least

  3  10,000 students during fiscal year 1996-97, and to at least

  4  10,000 students during subsequent fiscal years, funds for

  5  these adult basic education courses for the elderly may be

  6  provided in a separate categorical subject to provisions

  7  defined in the General Appropriations Act.  Unless exempt

  8  pursuant to s. 239.117, fees for these courses shall be set at

  9  no less than 10 percent of the average cost of instruction.

10         (6)  State funding and student fees for workforce

11  development instruction funded through the Workforce

12  Development Education Fund shall be established as follows:

13         (a)  For a continuing workforce education course, state

14  funding shall equal 50 percent of the cost of instruction,

15  with student fees, business support, quick-response training

16  funds, or other means making up the remaining 50 percent.

17         (b)  For all other workforce development education

18  funded through the Workforce Development Education Fund, state

19  funding shall equal 75 percent of the average cost of

20  instruction with the remaining 25 percent made up from student

21  fees.  Fees for courses within a program shall not vary

22  according to the cost of the individual program, but instead

23  shall be based on a uniform fee calculated and set at the

24  state level, as adopted by the State Board of Education,

25  unless otherwise specified in the General Appropriations Act.

26         (c)  For fee-exempt students pursuant to s. 239.117,

27  unless otherwise provided for in law, state funding shall

28  equal 100 percent of the average cost of instruction.

29         (7)  Beginning in fiscal year 1999-2000, a school

30  district or a community college that provides workforce

31  development education funded through the Workforce Development


                                  22

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  Education Fund shall receive funds in accordance with

  2  distributions for base and performance funding established by

  3  the Legislature in the General Appropriations Act, pursuant to

  4  the following conditions:

  5         (a)  Base funding shall not exceed 85 percent of the

  6  current fiscal year total Workforce Development Education Fund

  7  allocation, which shall be distributed by the Legislature in

  8  the General Appropriations Act based on a maximum of 85

  9  percent of the institution's prior year's total allocation

10  from base and performance funds.

11         (b)  Performance funding shall be at least 15 percent

12  of the current fiscal year total Workforce Development

13  Education Fund allocation, which shall be distributed by the

14  Legislature in the General Appropriations Act based on the

15  previous fiscal year's achievement of output and outcomes in

16  accordance with formulas adopted pursuant to subsection (9).

17  Performance funding must incorporate payments for at least

18  three levels of placements that reflect wages and workforce

19  demand. Payments for completions must not exceed 60 percent of

20  the payments for placement. For fiscal year 1999-2000, school

21  districts and community colleges shall be awarded funds

22  pursuant to this paragraph based on performance output data

23  generated for fiscal year 1998-1999 and performance outcome

24  data available in that year.

25         (c)  If a local educational agency achieves a level of

26  performance sufficient to generate a full allocation as

27  authorized by the workforce development funding formula, the

28  agency may earn performance incentive funds as appropriated

29  for that purpose in a General Appropriations Act. If

30  performance incentive funds are funded and awarded, these

31  funds must be added to the local educational agency's prior


                                  23

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  year total allocation from the Workforce Development Education

  2  Fund and shall be used to calculate the following year's base

  3  funding.

  4         (8)  A school district or community college that earns

  5  performance funding must use the money to benefit the

  6  postsecondary vocational and adult education programs it

  7  provides. The money may be used for equipment upgrades,

  8  program expansions, or any other use that would result in

  9  workforce development program improvement. The school board or

10  community college board of trustees may not withhold any

11  portion of the performance funding for indirect costs.

12  Notwithstanding s. 216.351, funds awarded pursuant to this

13  section may be carried across fiscal years and shall not

14  revert to any other fund maintained by the school board or

15  community college board of trustees.

16         (9)  The Department of Education, the State Board of

17  Community Colleges, and the Jobs and Education Partnership

18  shall provide the Legislature with recommended formulas,

19  criteria, timeframes, and mechanisms for distributing

20  performance funds. The commissioner shall consolidate the

21  recommendations and develop a consensus proposal for funding.

22  The Legislature shall adopt a formula and distribute the

23  performance funds to the Division of Community Colleges and

24  the Division of Workforce Development through the General

25  Appropriations Act. These recommendations shall be based on

26  formulas that would discourage low-performing or low-demand

27  programs and encourage through performance-funding awards:

28         (a)  Programs that prepare people to enter high-wage

29  occupations identified by the Occupational Forecasting

30  Conference created by s. 216.136 and other programs as

31  approved by the Jobs and Education Partnership. At a minimum,


                                  24

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  performance incentives shall be calculated for adults who

  2  reach completion points or complete programs that lead to

  3  specified high-wage employment and to their placement in that

  4  employment.

  5         (b)  Programs that successfully prepare adults who are

  6  eligible for public assistance, economically disadvantaged,

  7  disabled, not proficient in English, or dislocated workers for

  8  high-wage occupations.  At a minimum, performance incentives

  9  shall be calculated at an enhanced value for the completion of

10  adults identified in this paragraph and job placement of such

11  adults upon completion. In addition, adjustments may be made

12  in payments for job placements for areas of high unemployment.

13         (c)  Programs identified by the Jobs and Education

14  Partnership as increasing the effectiveness and cost

15  efficiency of education.

16         (5)  Initial state funding is generated by student

17  enrollment in a course of study. When the student completes

18  the course of study or the program, the agency may collect the

19  remaining state funding. This subsection takes effect July 1,

20  1998.

21         (6)  The total state funding entitlement for each

22  course of study is determined by its length, the output

23  measures, and its cost category. The district cost

24  differential, as established annually in the General

25  Appropriations Act, must be applied to the appropriation for

26  the workforce development education fund.

27         (a)1.  For a course that does not result in an

28  occupational completion point, state funding equals 50 percent

29  of the cost of the course, with student fees, business

30  support, quick-response training funds, or other means making

31  up the remaining 50 percent.


                                  25

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         2.  For a program that results in an occupational

  2  completion point, an educational agency may collect 100

  3  percent of the cost of the program, with 85 percent generated

  4  from a combination of student fees and state support during a

  5  student's enrollment, and the remaining 15 percent generated

  6  upon the student's reaching an occupational completion point

  7  or completing the program.

  8         (b)  Student output measures for adult education

  9  instruction consist of improvement in literacy skills, grade

10  level improvement as measured by an approved test, or

11  attainment of a general education development diploma or an

12  adult high school diploma.

13         (c)  The cost category of a course that is part of a

14  vocational program or an adult general education program is

15  the same as that of the program. This subsection takes effect

16  July 1, 1998.

17         (7)  When a student reaches an occupational completion

18  point or completes a program, the educational agency shall

19  first collect the remainder of the total state funding

20  entitlement and may be eligible for additional incentive funds

21  generated by student outcome measures. However, the total

22  funding earned by an educational agency under the formula,

23  including state funding and student fees, may not exceed 125

24  percent of the calculated program cost. Any funds earned in

25  excess of program cost must be expended to improve the

26  program. This subsection takes effect July 1, 1998.

27         (8)  For each course of study, an educational agency

28  that serves students in workforce education programs shall

29  submit an enrollment count each semester, which shall replace

30  the full-time equivalent student enrollment used by the

31  Florida Education Finance Program and the enrollment


                                  26

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  calculation used by the Community College Program Fund. The

  2  Division of Workforce Development shall calculate the funding

  3  entitlement for that semester by a date established by the

  4  Department of Education. This subsection takes effect July 1,

  5  1998.

  6         (9)  A school district or a community college that

  7  provides workforce development education shall receive initial

  8  funding for each student in the semester in which the student

  9  enrolls. During each subsequent semester, a funding

10  entitlement shall be calculated for each student by

11  subtracting the student fee amount from the total funding

12  amount for the course of study in its assigned cost category.

13  The semester funding amount is 85 percent of the cost of the

14  program, including student fees, divided by the number of

15  semesters in the course of study. When a student reaches an

16  occupational completion point or completes a course, the

17  educational agency shall collect the difference between the

18  total state funding entitlement and the amount in state

19  funding already paid. A student may not generate funding for

20  any semester in which the student is not enrolled. This

21  subsection takes effect July 1, 1998.

22         (10)  A high school student dually enrolled under s.

23  240.116 in a workforce development program funded through the

24  Workforce Development Education Fund and operated by a

25  community college or school district technical center

26  generates the amount calculated by the Workforce Development

27  Education Fund, including any payment of performance funding

28  incentives, and the proportional share of full-time equivalent

29  enrollment generated through the Florida Education Finance

30  Program for the student's enrollment in a high school. If a

31  high school student is dually enrolled in a community college


                                  27

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  program, including a program conducted at a high school, the

  2  community college earns the funds generated through the

  3  Workforce Development Education Fund and the school district

  4  earns the proportional share of full-time equivalent funding

  5  from the Florida Education Finance Program. If a student is

  6  dually enrolled in a technical center operated by the same

  7  district as the district in which the student attends high

  8  school, that district earns the funds generated through the

  9  Workforce Development Education Fund and also earns the

10  proportional share of full-time equivalent funding from the

11  Florida Education Finance Program. If a student is dually

12  enrolled in a workforce development program provided by a

13  technical center operated by a different school district, the

14  funds must be divided between the two school districts

15  proportionally from the two funding sources. A student may not

16  be reported for funding in a dual enrollment workforce

17  development program unless the student has completed the basic

18  skills assessment pursuant to s. 239.213.

19         (11)  The Department of Education may adopt rules to

20  administer this section.

21         (12)  The Auditor General shall annually audit the

22  Workforce Development Education Fund. The Office of Program

23  Policy Analysis and Government Accountability shall review the

24  workforce development program and provide a report to the

25  Legislature by December 31, 2000, and thereafter at the

26  direction of the Joint Legislative Auditing Committee. Such

27  audits and reviews shall be based on source data at the

28  community colleges and school districts.

29         Section 9.  Subsections (1), (7), and (8), paragraphs

30  (c) and (d) of subsection (4), and paragraphs (a) and (c) of

31


                                  28

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  subsection (6) of section 239.117, Florida Statutes, are

  2  amended to read:

  3         239.117  Postsecondary student fees.--

  4         (1)  This section applies to students enrolled in

  5  workforce development programs, including programs and courses

  6  leading to an associate in applied technology degree or an

  7  associate in science degree who are reported for funding

  8  through the Workforce Development Education Fund, except that

  9  college credit fees for the community colleges are governed by

10  s. 240.35.

11         (4)  The following students are exempt from the payment

12  of registration, matriculation, and laboratory fees:

13         (c)  A student for whom the state is paying a foster

14  care board payment pursuant to s. 409.145(3) or pursuant to

15  parts II III and III V of chapter 39, for whom the permanency

16  planning goal pursuant to part III V of chapter 39 is

17  long-term foster care or independent living, or who is adopted

18  from the Department of Children and Family Services after

19  December 31, 1997. Such exemption includes fees associated

20  with enrollment in vocational college-preparatory instruction

21  and completion of the college-level communication and

22  computation skills testing program. Such exemption shall be

23  available to any student adopted from the Department of

24  Children and Family Services after December 31, 1997; however,

25  the exemption shall be valid for no more than 4 years after

26  the date of graduation from high school.

27         (d)  A student enrolled in an employment and training

28  program under the WAGES Program.  Such a student may receive a

29  fee exemption only if the student applies for and does not

30  receive student financial aid, including Job Training

31  Partnership Act or Family Support Act funds. Schools and


                                  29

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  community colleges shall help such students apply for

  2  financial aid, but may not deny such students program

  3  participation during the financial aid application process.

  4  Such a student may not be required to incur debt within the

  5  financial aid package. The local WAGES coalition shall pay the

  6  community college or school district for costs incurred for

  7  WAGES clients.

  8         (6)(a)  The Commissioner of Education shall provide

  9  recommend to the State Board of Education no later than

10  December 31 of each year a schedule of fees for workforce

11  development education for school districts and community

12  colleges. The fee schedule shall be based on the amount of

13  student fees necessary to produce 25 percent of the prior

14  year's average cost of a course of study leading to a

15  certificate or diploma degree and 50 percent of the prior

16  year's cost of a continuing workforce education course that

17  does not lead to an occupational completion point. At the

18  discretion of a school board or a community college, this fee

19  schedule may be implemented over a 3-year period, with full

20  implementation in the 1999-2000 school year. In years

21  preceding that year, if fee increases are necessary for some

22  programs or courses, the fees shall be raised in increments

23  designed to lessen their impact upon students already

24  enrolled. Fees for students who are not residents for tuition

25  purposes must offset the full cost of instruction.

26  Fee-nonexempt students enrolled in vocational preparatory

27  instruction shall be charged fees equal to the fees charged

28  for certificate career education instruction. Each community

29  college that conducts college-preparatory and

30  vocational-preparatory instruction in the same class section

31  may charge a single fee for both types of instruction.


                                  30

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (c)  The State Board of Education shall adopt, by rule,

  2  the definitions and procedures that school boards shall use in

  3  the calculation of cost borne by students. Such rule must

  4  define the cost of educational programs as the product of

  5  semester enrollment counts times the average instructional

  6  cost for the course of study, divided by the number of

  7  semesters in the course of study. A course of study is a

  8  single course or a series of two or more courses leading to an

  9  occupational completion point, an associate in applied

10  technology degree, or an associate in science degree.  The

11  rule shall be developed in consultation with the Legislature.

12         (7)(a)  Each year the State Board of Community Colleges

13  shall review and evaluate the percentage of the cost of adult

14  programs and certificate career education programs supported

15  through student fees.  If this review indicates that student

16  fees generate less than the percentage targeted for the

17  program, the State Board of Community Colleges shall adopt a

18  schedule of fee increases by December 31 for the following

19  fall semester.  For students who are residents for tuition

20  purposes, the schedule so adopted must produce revenues equal

21  to 25 percent of the prior year's average program cost for

22  college-preparatory and certificate-level workforce

23  development supplemental vocational programs and 50 10 percent

24  of the prior year's program cost for student enrollment in

25  continuing workforce education certificate career education

26  and vocational preparatory programs. The fee schedule for

27  lifelong learning programs shall be based on student fees and

28  nonstate funds necessary to produce 50 percent of the prior

29  year's cost of lifelong learning programs. State funds may not

30  exceed 50 percent of the prior year's cost of lifelong

31  learning programs.  The state board may not increase fees more


                                  31

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  than 10 percent for students who are residents for tuition

  2  purposes. Unless otherwise specified in the General

  3  Appropriations Act, the fee schedule shall take effect and the

  4  college shall expend student fees on instruction.  If the

  5  Legislature enacts a calculation different than that adopted

  6  by the state board, the state board shall adopt a fee schedule

  7  that generates the same revenues as the calculation contained

  8  in the General Appropriations Act.  Each community college

  9  board of trustees shall establish matriculation, tuition, and

10  noncredit fees that may vary no more than 10 percent from the

11  schedule approved by the State Board of Education. Fees for

12  students who are not residents for tuition purposes must

13  offset the full cost of instruction.

14         (b)  Students enrolled in college-preparatory

15  instruction shall pay fees equal to the fees charged for

16  college credit courses.  Students enrolled in the same

17  college-preparatory class within a skill area more than one

18  time shall pay fees at 100 percent of the full cost of

19  instruction and shall not be included in calculations of

20  full-time equivalent enrollments for state funding purposes;

21  however, students who withdraw or fail a class due to

22  extenuating circumstances may be granted an exception only

23  once for each class, provided approval is granted according to

24  policy established by the board of trustees. Each community

25  college shall have the authority to review and reduce payment

26  for increased fees due to continued enrollment in a

27  college-preparatory class on an individual basis, contingent

28  upon a student's financial hardship, pursuant to definitions

29  and fee levels established by the State Board of Community

30  Colleges. Fee-nonexempt students enrolled in

31  vocational-preparatory instruction shall be charged fees equal


                                  32

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  to the fees charged for certificate career education

  2  instruction. Each community college that conducts

  3  college-preparatory and vocational-preparatory instruction in

  4  the same class section may charge a single fee for both types

  5  of instruction.

  6         (8)  Each school board and community college board of

  7  trustees may collect, for financial aid purposes, up to an

  8  additional 10 percent of the student fees collected for

  9  workforce development programs funded through the Workforce

10  Development Education Fund.  All fees collected shall be

11  deposited into a separate workforce development the student

12  financial aid fee trust fund of the district or community

13  college to support students enrolled in workforce development

14  programs. Any undisbursed balance remaining in the trust fund

15  and interest income accruing to investments from the trust

16  fund shall increase the total funds available for distribution

17  to workforce development education certificate career

18  education students.  Awards shall be based on student

19  financial need and distributed in accordance with a nationally

20  recognized system of need analysis approved by the State Board

21  for Career Education.  Fees collected pursuant to this

22  subsection shall be allocated in an expeditious manner.

23         Section 10.  Subsection (2) of section 239.213, Florida

24  Statutes, is amended to read:

25         239.213  Vocational-preparatory instruction.--

26         (2)  Students who enroll in a certificate career

27  education program of 450 hours or more shall complete an

28  entry-level examination within the first 6 weeks of admission

29  into the program.  The state board shall designate

30  examinations that are currently in existence, the results of

31  which are comparable across institutions, to assess student


                                  33

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  mastery of basic skills. Any student deemed to lack a minimal

  2  level of basic skills for such program shall be referred to

  3  vocational-preparatory instruction or adult basic education

  4  for a structured program of basic skills instruction. Such

  5  instruction may include English for speakers of other

  6  languages.  A student may not receive a certificate of

  7  vocational program completion prior to demonstrating the basic

  8  skills required in the state curriculum frameworks for the

  9  vocational program.

10         Section 11.  Subsection (2) of section 239.229, Florida

11  Statutes, is amended to read:

12         239.229  Vocational standards.--

13         (2)(a)  School board, superintendent, and school

14  accountability for career education within elementary and

15  secondary schools includes, but is not limited to:

16         1.  Student exposure to a variety of careers and

17  provision of instruction to explore specific careers in

18  greater depth.

19         2.  Student awareness of available vocational programs

20  and the corresponding occupations into which such programs

21  lead.

22         3.  Student development of individual career plans.

23         4.  Integration of academic and vocational skills in

24  the secondary curriculum.

25         5.  Student preparation to enter the workforce and

26  enroll in postsecondary education without being required to

27  complete college-preparatory or vocational-preparatory

28  instruction.

29         6.  Student retention in school through high school

30  graduation.

31


                                  34

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         7.  Vocational curriculum articulation with

  2  corresponding postsecondary programs in the local area

  3  technical center or community college, or both.

  4         (b)  School board, superintendent, and area technical

  5  center, and community college board of trustees and president,

  6  accountability for certificate career education and diploma

  7  programs includes, but is not limited to:

  8         1.  Student demonstration of the academic skills

  9  necessary to enter an occupation.

10         2.  Student preparation to enter an occupation in an

11  entry-level position or continue postsecondary study.

12         3.  Vocational program articulation with other

13  corresponding postsecondary programs and job training

14  experiences.

15         4.  Employer satisfaction with the performance of

16  students who complete workforce development education or reach

17  occupational completion points.

18         5.  Student completion, and placement, and retention

19  rates as defined in s. 239.233.

20         (c)  Department of Education accountability for career

21  education includes, but is not limited to:

22         1.  The provision of timely, accurate technical

23  assistance to school districts and community colleges.

24         2.  The provision of timely, accurate information to

25  the State Board for Career Education, the Legislature, and the

26  public.

27         3.  The development of policies, rules, and procedures

28  that facilitate institutional attainment of the accountability

29  standards and coordinate the efforts of all divisions within

30  the department.

31


                                  35

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         4.  The development of program standards and

  2  industry-driven benchmarks for vocational, adult, and

  3  community education programs.

  4         5.  Overseeing school district and community college

  5  compliance with the provisions of this chapter.

  6         6.  Ensuring that the educational outcomes for the

  7  technical component of workforce development programs the

  8  associate in science degree, the associate in applied

  9  technology degree, and secondary vocational job-preparatory

10  programs are shall be uniform and designed to provide a

11  graduate of high quality who is capable of entering the

12  workforce on an equally competitive basis regardless of the

13  institution of choice.

14         Section 12.  Paragraph (a) of subsection (1) of section

15  239.233, Florida Statutes, is amended to read:

16         239.233  Reporting requirements.--

17         (1)(a)  The Department of Education shall develop a

18  system of performance measures in order to evaluate the

19  vocational and technical education programs as required in s.

20  239.229.  This system must measure program enrollment,

21  completion rates, placement rates, and amount of earnings at

22  the time of placement.  Placement and employment information,

23  where applicable, shall contain data relevant to job

24  retention, including retention rates.  The State Board of

25  Education shall adopt by rule the specific measures and any

26  definitions needed to establish the system of performance

27  measures.

28         Section 13.  Present subsections (6), (7), (8), and (9)

29  of section 239.301, Florida Statutes, are redesignated as (8),

30  (9), (10), and (11), respectively, and new subsections (6) and

31  (7) are added to that section to read:


                                  36

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         239.301  Adult general education.--

  2         (6)  If students who have been determined to be adults

  3  with disabilities are enrolled in workforce development

  4  programs, the funding formula must provide additional

  5  incentives for their achievement of performance outputs and

  6  outcomes.

  7         (7)  If the plan for a program for adults with

  8  disabilities pursuant to subsection (5) indicates that there

  9  are students whose expected time to completion exceeds twice

10  that of a similar program for nondisabled students, or if

11  there are students enrolled whose individual education plan

12  does not include competitive employment, those students shall

13  generate funds in addition to funds from the workforce

14  development fund, as provided in the annual General

15  Appropriations Act.

16         Section 14.  Subsections (1) and (2) of section

17  240.115, Florida Statutes, are amended to read:

18         240.115  Articulation agreement; acceleration

19  mechanisms.--

20         (1)(a)  Articulation between secondary and

21  postsecondary education; admission of associate in arts degree

22  graduates from Florida community colleges and state

23  universities; admission of applied technology diploma program

24  graduates from public community colleges or technical centers;

25  admission of associate in science degree and associate in

26  applied science degree graduates from Florida community

27  colleges; the use of acceleration mechanisms, including

28  nationally standardized examinations through which students

29  may earn credit; general education requirements and common

30  course code numbers as provided for in s. 229.551(1)(f)4.; and

31  articulation among programs in nursing shall be governed by


                                  37

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  the articulation agreement, as established by the Department

  2  of Education. The articulation agreement must specifically

  3  provide that every associate in arts graduate of a Florida

  4  community college shall have met all general education

  5  requirements and must be granted admission to the upper

  6  division of a state university except to a limited access or

  7  teacher certification program or a major program requiring an

  8  audition.  After admission has been granted to students under

  9  provisions of this section and to university students who have

10  successfully completed 60 credit hours of coursework,

11  including 36 hours of general education, and met the

12  requirements of s. 240.107, admission shall be granted to

13  State University System and Florida community college students

14  who have successfully completed 60 credit hours of work,

15  including 36 hours of general education.  Community college

16  associate in arts graduates shall receive priority for

17  admission to a state university over out-of-state students.

18  Orientation programs and student handbooks provided to

19  freshman enrollees and transfer students at state universities

20  must include an explanation of this provision of the

21  articulation agreement.

22         (b)  Any student who transfers among regionally

23  accredited postsecondary institutions that are fully

24  accredited by a regional or national accrediting agency

25  recognized by the United States Department of Education and

26  that participate in the common course designation and

27  numbering system shall be awarded credit by the receiving

28  institution for courses satisfactorily completed by the

29  student at the previous institutions. Credit shall be awarded

30  if the courses are judged by the appropriate common course

31  designation and numbering system faculty task force


                                  38

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  representing school districts, community colleges, public

  2  universities, and participating nonpublic postsecondary

  3  education institutions to be academically equivalent to

  4  courses offered at the receiving institution, including

  5  equivalency of faculty credentials, regardless of the public

  6  or nonpublic control of the previous institution. The

  7  Department of Education shall ensure that credits to be

  8  accepted by a receiving institution are generated in courses

  9  for which the faculty possess credentials that are comparable

10  to those required by the accrediting association of the

11  receiving institution.  The award of credit may be limited to

12  courses that are entered in the common course designation and

13  numbering system. Credits awarded pursuant to this subsection

14  shall satisfy institutional requirements on the same basis as

15  credits awarded to native students.

16         (c)  The articulation agreement must guarantee the

17  statewide articulation of appropriate workforce development

18  programs and courses between school districts and community

19  colleges and specifically provide that every applied

20  technology diploma graduate must be granted the same amount of

21  credit upon admission to an associate in science degree or

22  associate in applied science degree program unless it is a

23  limited access program. Preference for admission must be given

24  to graduates who are residents of Florida.

25         (d)  By fall semester 1998, the articulation agreement

26  must guarantee the statewide articulation of appropriate

27  courses within associate in science degree programs to

28  baccalaureate degree programs, according to standards

29  established by the Articulation Coordinating Committee after

30  consultation with the Board of Regents and the State Board of

31  Community Colleges. Courses within an associate in applied


                                  39

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  science degree program may articulate into a baccalaureate

  2  degree program on an individual or block basis as authorized

  3  in local inter-institutional articulation agreements.

  4         (2)  The universities, community college district

  5  boards of trustees, and district school boards are authorized

  6  to establish intrainstitutional and interinstitutional

  7  programs to maximize this articulation.  Programs may include

  8  upper-division-level courses offered at the community college,

  9  distance learning, transfer agreements that facilitate the

10  transfer of credits between public and nonpublic postsecondary

11  institutions, and the concurrent enrollment of students at a

12  community college and a state university to enable students to

13  take any level of baccalaureate degree coursework. Should the

14  establishment of these programs necessitate the waiver of

15  existing State Board of Education rules, reallocation of

16  funds, or revision or modification of student fees, each

17  college or university shall submit the proposed articulation

18  program to the State Board of Education for review and

19  approval. The State Board of Education is authorized to waive

20  its rules and make appropriate reallocations, revisions, or

21  modifications in accordance with the above.

22         Section 15.  Section 240.3031, Florida Statutes, is

23  amended to read:

24         240.3031  Florida State Community College System

25  defined.--The Florida State Community College System shall

26  consist of the following:

27         (1)  The State Board of Community Colleges of the

28  Division of Community Colleges of the Department of Education.

29         (2)  Brevard Community College.

30         (3)  Broward Community College.

31         (4)  Central Florida Community College.


                                  40

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (5)  Chipola Junior College.

  2         (6)  Daytona Beach Community College.

  3         (7)  Edison Community College.

  4         (8)  Florida Community College at Jacksonville.

  5         (9)  Florida Keys Community College.

  6         (10)  Gulf Coast Community College.

  7         (11)  Hillsborough Community College.

  8         (12)  Indian River Community College.

  9         (13)  Lake City Community College.

10         (14)  Lake-Sumter Community College.

11         (15)  Manatee Community College.

12         (16)  Miami-Dade Community College.

13         (17)  North Florida Community College.

14         (18)  Okaloosa-Walton Community College.

15         (19)  Palm Beach Community College.

16         (20)  Pasco-Hernando Community College.

17         (21)  Pensacola Junior College.

18         (22)  Polk Community College.

19         (23)  St. Johns River Community College.

20         (24)  St. Petersburg Junior College.

21         (25)  Santa Fe Community College.

22         (26)  Seminole Community College.

23         (27)  South Florida Community College.

24         (28)  Tallahassee Community College.

25         (29)  Valencia Community College.

26         Section 16.  Paragraphs (b) and (c) of subsection (3)

27  and paragraph (a) of subsection (5) of section 240.311,

28  Florida Statutes, are amended to read:

29         240.311  State Board of Community Colleges; powers and

30  duties.--

31         (3)  The State Board of Community Colleges shall:


                                  41

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (b)  Provide, through rule, for the coordination of the

  2  Florida state community college system.

  3         (c)  Review new associate degree, diploma, and or

  4  certificate programs for relationship to student demand;

  5  conduct periodic reviews of existing programs; and provide

  6  rules for termination of associate degree or certificate

  7  programs when excessive duplication exists.

  8         (5)  The State Board of Community Colleges is

  9  responsible for reviewing and administering the state program

10  of support for the Florida state community college system and,

11  subject to existing law, shall:

12         (a)  Review and approve all budgets and recommended

13  budget amendments in the Florida state community college

14  system.

15         Section 17.  Section 240.35, Florida Statutes, as

16  amended by chapter 97-383, Laws of Florida, is amended to

17  read:

18         240.35  Student fees.--Unless otherwise provided, the

19  provisions of this section apply only to fees charged for

20  college credit instruction leading to an associate in arts

21  degree, an associate in applied science degree, or an

22  associate in science degree and noncollege credit, including

23  college-preparatory courses defined in s. 239.105.

24         (1)  The State Board of Community Colleges shall

25  establish the matriculation and tuition fees for

26  college-preparatory instruction and for credit instruction

27  which may be counted toward an associate in arts degree, an

28  associate in applied science degree, or an associate in

29  science degree. This instruction includes advanced programs

30  and professional programs.

31


                                  42

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (2)(a)  Any student for whom the state is paying a

  2  foster care board payment pursuant to s. 409.145(3) or parts

  3  II III and III V of chapter 39, for whom the permanency

  4  planning goal pursuant to part III V of chapter 39 is

  5  long-term foster care or independent living, or who is adopted

  6  from the Department of Children and Family Services after

  7  December 31, 1997, shall be exempt from the payment of all

  8  undergraduate fees, including fees associated with enrollment

  9  in college-preparatory instruction or completion of the

10  college-level communication and computation skills testing

11  program. Before a fee exemption can be given, the student

12  shall have applied for and been denied financial aid, pursuant

13  to s. 240.404, which would have provided, at a minimum,

14  payment of all student fees. Such exemption shall be available

15  to any student adopted from the Department of Children and

16  Family Services after December 31, 1997; however, the

17  exemption shall be valid for no more than 4 years after the

18  date of graduation from high school.

19         (b)  Any student qualifying for a fee exemption under

20  this subsection shall receive such an exemption for not more

21  than 2 consecutive years or 4 semesters, unless the student is

22  participating in college-preparatory instruction or requires

23  additional time to complete the college-level communication

24  and computation skills testing program.  Such a student is

25  eligible to receive a fee exemption for a maximum of 3

26  consecutive years or 6 semesters.

27         (c)  As a condition for continued fee exemption, a

28  student shall earn a grade point average of at least 2.0 on a

29  4.0 scale for the previous term, maintain at least an overall

30  2.0 average for college work, or have an average below 2.0 for

31


                                  43

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  only the previous term and be eligible for continued

  2  enrollment in the institution.

  3         (3)  Students enrolled in dual enrollment and early

  4  admission programs under s. 240.116 and students enrolled in

  5  employment and training programs under the WAGES Program are

  6  exempt from the payment of registration, matriculation, and

  7  laboratory fees; however, such students may not be included

  8  within calculations of fee-waived enrollments. The community

  9  college shall assist a student under the WAGES Program in

10  obtaining financial aid as it would any other student. A

11  student under the WAGES Program may not be denied

12  participation in programs during the application process for

13  financial aid. If financial aid is denied, The local WAGES

14  coalition shall pay the community college for costs incurred

15  by that WAGES participant related to that person's classes or

16  program. Other fee-exempt instruction provided under this

17  subsection generates an additional one-fourth full-time

18  equivalent enrollment.

19         (4)(a)  Fees shall be waived for certain members of the

20  active Florida National Guard pursuant to s. 250.10(8).

21         (b)  Community colleges may waive fees for any

22  fee-nonexempt student. A student whose fees are waived in

23  excess of the amount authorized annually in the General

24  Appropriations Act may not be included in calculations of

25  full-time equivalent enrollments for state funding purposes.

26  Any community college that waives fees and requests state

27  funding for a student in violation of the provisions of this

28  subsection shall be penalized at a rate equal to two times the

29  value of the full-time equivalent student enrollment reported

30  served.  Such penalty shall be charged against the following

31  year's allocation from the Community College Program Fund.


                                  44

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (5)  Subject to review and final approval by the State

  2  Board of Education, the State Board of Community Colleges

  3  shall adopt by December 31 of each year a resident fee

  4  schedule for the following fall for advanced and professional,

  5  associate in science degree, and college-preparatory programs

  6  that produce revenues in the amount of 25 percent of the full

  7  prior year's cost of these programs. However, the board may

  8  not adopt an annual fee increase in any program for resident

  9  students which exceeds 10 percent. Fees for courses in

10  college-preparatory programs and associate in arts and

11  associate in science degree programs may be established at the

12  same level. In the absence of a provision to the contrary in

13  an appropriations act, the fee schedule shall take effect and

14  the colleges shall expend the funds on instruction.  If the

15  Legislature provides for an alternative fee calculation in an

16  appropriations act, the board shall establish a fee schedule

17  that produces the fee revenue established in the

18  appropriations act based on the assigned enrollment.

19         (6)  Each community college board of trustees shall

20  establish matriculation and tuition fees, which may vary no

21  more than 10 percent from the fee schedule adopted by the

22  State Board of Community Colleges.

23         (7)  The sum of nonresident student matriculation and

24  tuition fees must be sufficient to defray the full cost of

25  each program.  The annual fee increases for nonresident

26  students established by the board, in the absence of

27  legislative action to the contrary in an appropriations act,

28  may not exceed 25 percent.

29         (8)  The State Board of Community Colleges shall adopt

30  a rule specifying the definitions and procedures to be used in

31  the calculation of the percentage of cost paid by students.


                                  45

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  The rule must provide for the calculation of the full cost of

  2  educational programs based on the allocation of all funds

  3  provided through the general current fund to programs of

  4  instruction, and other activities as provided in the annual

  5  expenditure analysis.  The rule shall be developed in

  6  consultation with the Legislature.

  7         (9)  Each community college district board of trustees

  8  may establish a separate activity and service fee not to

  9  exceed 10 percent of the matriculation fee, according to rules

10  of the State Board of Education.  The student activity and

11  service fee shall be collected as a component part of the

12  registration and tuition fees. The student activity and

13  service fees shall be paid into a student activity and service

14  fund at the community college and shall be expended for lawful

15  purposes to benefit the student body in general. These

16  purposes include, but are not limited to, student publications

17  and grants to duly recognized student organizations, the

18  membership of which is open to all students at the community

19  college without regard to race, sex, or religion.

20         (10)(a)  Each community college is authorized to

21  collect for financial aid purposes an additional amount up to,

22  but not to exceed, 5 percent of the total student tuition or

23  matriculation fees collected.  Each community college may

24  collect up to an additional 2 percent if the amount generated

25  by the total financial aid fee is less than $250,000.  If the

26  amount generated is less than $250,000, a community college

27  that charges tuition and matriculation fees at least equal to

28  the average fees established by rule may transfer from the

29  general current fund to the scholarship fund an amount equal

30  to the difference between $250,000 and the amount generated by

31  the total financial aid fee assessment.  No other transfer


                                  46

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  from the general current fund to the loan, endowment, or

  2  scholarship fund, by whatever name known, is authorized.

  3         (b)  All funds collected under this program shall be

  4  placed in the loan and endowment fund or scholarship fund of

  5  the college, by whatever name known. Such funds shall be

  6  disbursed to students as quickly as possible.  An amount not

  7  greater than 40 percent of the fees collected in a fiscal year

  8  may be carried forward unexpended to the following fiscal

  9  year.  However, funds collected prior to July 1, 1989, and

10  placed in an endowment fund may not be considered part of the

11  balance of funds carried forward unexpended to the following

12  fiscal year.

13         (c)  Up to 25 percent or $300,000 $250,000, whichever

14  is greater, of the fees collected may be used to assist

15  students who demonstrate academic merit, who participate in

16  athletics, public service, cultural arts, and other

17  extracurricular programs as determined by the institution, or

18  who are identified as members of a targeted gender or ethnic

19  minority population.  The financial aid fee revenues allocated

20  for athletic scholarships and fee exemptions provided pursuant

21  to subsection (14) for athletes shall be distributed equitably

22  as required by s. 228.2001(3)(d).  A minimum of 50 percent of

23  the balance of these funds shall be used to provide financial

24  aid based on absolute need, and the remainder of the funds

25  shall be used for academic merit purposes and other purposes

26  approved by the district boards of trustees.  Such other

27  purposes shall include the payment of child care fees for

28  students with financial need.  The State Board of Community

29  Colleges shall develop criteria for making financial aid

30  awards.  Each college shall report annually to the Department

31  of Education on the criteria used to make awards, the amount


                                  47

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  and number of awards for each criterion, and a delineation of

  2  the distribution of such awards.  Awards which are based on

  3  financial need shall be distributed in accordance with a

  4  nationally recognized system of need analysis approved by the

  5  State Board of Community Colleges. An award for academic merit

  6  shall require a minimum overall grade point average of 3.0 on

  7  a 4.0 scale or the equivalent for both initial receipt of the

  8  award and renewal of the award.

  9         (d)  These funds may not be used for direct or indirect

10  administrative purposes or salaries.

11         (11)  Any community college that reports students who

12  have not paid fees in an approved manner in calculations of

13  full-time equivalent enrollments for state funding purposes

14  shall be penalized at a rate equal to two times the value of

15  such enrollments.  Such penalty shall be charged against the

16  following year's allocation from the Community College Program

17  Fund and shall revert to the General Revenue Fund.  The State

18  Board of Education shall specify, as necessary, by rule,

19  approved methods of student fee payment.  Such methods shall

20  include, but not be limited to, student fee payment; payment

21  through federal, state, or institutional financial aid; and

22  employer fee payments.  A community college may not charge any

23  fee except as authorized by law or rules of the State Board of

24  Education.

25         (12)  Each community college shall report only those

26  students who have actually enrolled in instruction provided or

27  supervised by instructional personnel under contract with the

28  community college in calculations of actual full-time

29  equivalent enrollments for state funding purposes.  No student

30  who has been exempted from taking a course or who has been

31  granted academic or vocational credit through means other than


                                  48

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  actual coursework completed at the granting institution shall

  2  be calculated for enrollment in the course from which he or

  3  she has been exempted or granted credit. Community colleges

  4  that report enrollments in violation of this subsection shall

  5  be penalized at a rate equal to two times the value of such

  6  enrollments.  Such penalty shall be charged against the

  7  following year's allocation from the Community College Program

  8  Fund and shall revert to the General Revenue Fund.

  9         (13)  Each community college board of trustees may

10  establish a separate fee for capital improvements or equipping

11  student buildings which may not exceed $1 per credit hour or

12  credit-hour equivalent for residents and which equals or

13  exceeds $3 per credit hour for nonresidents.  Funds collected

14  by community colleges through these fees may be bonded only

15  for the purpose of financing or refinancing new construction

16  of educational facilities.  The fee shall be collected as a

17  component part of the registration and tuition fees, paid into

18  a separate account, and expended only to construct and equip,

19  maintain, improve, or enhance the educational facilities of

20  the community college.  Projects funded through the use of the

21  capital improvement fee shall meet the survey and construction

22  requirements of chapter 235.  Pursuant to s. 216.0158, each

23  community college shall identify each project, including

24  maintenance projects, proposed to be funded in whole or in

25  part by such fee.  Capital improvement fee revenues may be

26  pledged by a board of trustees as a dedicated revenue source

27  to the repayment of debt, including lease-purchase agreements

28  and revenue bonds, with a term not to exceed 20 years, only

29  for the new construction of educational facilities. Community

30  colleges may use the services of the Division of Bond Finance

31  of the State Board of Administration to issue any bonds


                                  49

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  authorized through the provisions of this subsection. Any such

  2  bonds issued by the Division of Bond Finance shall be in

  3  compliance with the provisions of the State Bond Act. Bonds

  4  issued pursuant to the State Bond Act shall be validated in

  5  the manner provided by chapter 75. The complaint for such

  6  validation shall be filed in the circuit court of the county

  7  where the seat of state government is situated, the notice

  8  required to be published by s. 75.06 shall be published only

  9  in the county where the complaint is filed, and the complaint

10  and order of the circuit court shall be served only on the

11  state attorney of the circuit in which the action is pending.

12  A maximum of 15 cents per credit hour may be allocated from

13  the capital improvement fee for child care centers conducted

14  by the community college.

15         (14)  Each community college is authorized to grant

16  student fee exemptions from all fees adopted by the State

17  Board of Community Colleges and the community college board of

18  trustees for up to 40 full-time equivalent students at each

19  institution.

20         Section 18.  Paragraph (b) of subsection (1) of section

21  240.359, Florida Statutes, is amended to read:

22         240.359  Procedure for determining state financial

23  support and annual apportionment of state funds to each

24  community college district.--The procedure for determining

25  state financial support and the annual apportionment to each

26  community college district authorized to operate a community

27  college under the provisions of s. 240.313 shall be as

28  follows:

29         (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE

30  COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING

31  PROGRAM.--


                                  50

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (b)  The allocation of funds for community colleges

  2  shall be based on advanced and professional disciplines,

  3  college-preparatory programs, and on other programs for adults

  4  funded pursuant to s. 239.115.

  5         Section 19.  Subsection (1) of section 246.013, Florida

  6  Statutes, is amended to read:

  7         246.013  Participation in the common course designation

  8  and numbering system.--

  9         (1)  Nonpublic colleges and schools that have been

10  issued a regular license pursuant to s. 246.081(2), or

11  nonpublic postsecondary colleges that are exempt from state

12  licensure pursuant to s. 246.085(1)(a) and that are fully

13  accredited by a regional or national accrediting agency

14  recognized by the United States Department of Education, by a

15  member of the Commission on Colleges of the Southern

16  Association of Colleges and Schools and accredited nonpublic

17  postsecondary colleges exempt from state licensure pursuant to

18  s. 246.085(1)(a) may participate in the common course

19  designation and numbering system pursuant to s. 229.551.

20  Participating colleges and schools shall bear the costs

21  associated with inclusion in the system and shall meet the

22  terms and conditions for institutional participation in the

23  system. The department shall adopt a fee schedule that

24  includes the expenses incurred through data processing,

25  faculty task force travel and per diem, and staff and clerical

26  support time. Such fee schedule may differentiate between the

27  costs associated with initial course inclusion in the system

28  and costs associated with subsequent course maintenance in the

29  system. Decisions regarding initial course inclusion and

30  subsequent course maintenance must be made within 360 days

31  after submission of the required materials and fees by the


                                  51

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  institution. The Department of Education may select a date by

  2  which colleges must submit requests for new courses to be

  3  included, and may delay review of courses submitted after that

  4  date until the next year's cycle. Any college that currently

  5  participates in the system, and that participated in the

  6  system prior to July 1, 1986, shall not be required to pay the

  7  costs associated with initial course inclusion in the system.

  8  Fees collected for participation in the common course

  9  designation and numbering system pursuant to the provisions of

10  this section shall be deposited in the Institutional

11  Assessment Trust Fund created by s. 246.31. Any nonpublic,

12  nonprofit college or university that is eligible to

13  participate in the common course designation and numbering

14  system shall not be required to pay the costs associated with

15  participation in the system. The Legislature finds and

16  declares that independent nonprofit colleges and universities

17  eligible to participate in the Florida resident access grant

18  program pursuant to s. 240.605 are an integral part of the

19  higher education system in this state and that a significant

20  number of state residents choose this form of higher

21  education. Any independent college or university that is

22  eligible to participate in the Florida resident access grant

23  program shall not be required to pay the costs associated with

24  participation in the common course designation and numbering

25  system.

26         Section 20.  Subsection (2) of section 446.011, Florida

27  Statutes, is amended to read:

28         446.011  Declaration of legislative intent with respect

29  to apprenticeship training.--

30         (2)  It is the intent of the Legislature that the

31  Division of Jobs and Benefits of the Department of Labor and


                                  52

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  Employment Security have responsibility for the development of

  2  the apprenticeship and preapprenticeship uniform minimum

  3  standards for the apprenticeable trades and that the Division

  4  of Workforce Development and the Division of Public Schools

  5  and Community Education of the Department of Education have

  6  responsibility for assisting district school boards and

  7  community college district boards of trustees in developing

  8  preapprenticeship programs in compliance with the standards

  9  established by the Division of Jobs and Benefits.

10         Section 21.  Subsection (8) of section 446.041, Florida

11  Statutes, is amended to read:

12         446.041  Apprenticeship program, duties of

13  division.--The Division of Jobs and Benefits shall:

14         (8)  Cooperate with and assist the Division of

15  Workforce Development and the Division of Public Schools and

16  Community Education of the Department of Education and

17  appropriate education institutions in the development of

18  viable apprenticeship and preapprenticeship programs.

19         Section 22.  Subsections (2) and (3) of section

20  446.052, Florida Statutes, is amended to read:

21         446.052  Preapprenticeship program.--

22         (2)  The Division of Workforce Development Public

23  Schools and Community Education of the Department of

24  Education, under regulations established by the State Board of

25  Education, is authorized to administer the provisions of ss.

26  446.011-446.092 that relate to preapprenticeship programs in

27  cooperation with district school boards and community college

28  district boards of trustees. District school boards, community

29  college district boards of trustees, and registered program

30  sponsors shall cooperate in developing and establishing

31


                                  53

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  programs that include vocational instruction and general

  2  education courses required to obtain a high school diploma.

  3         (3)  The Division of Workforce Development Public

  4  Schools and Community Education, the district school boards,

  5  the community college district boards of trustees, and the

  6  Division of Jobs and Benefits shall work together with

  7  existing registered apprenticeship programs so that

  8  individuals completing such preapprenticeship programs may be

  9  able to receive credit towards completing a registered

10  apprenticeship program.

11         Section 23.  (1)  The State Board of Education shall

12  adopt an implementation schedule that establishes standard

13  fees for instruction in certificate career education and

14  continuing workforce education offered by community colleges

15  and school districts. The schedule shall establish fees for

16  the 1998-1999 school year and shall take effect in the fall

17  term of 1998. This implementation schedule must provide a

18  transition in fee levels from the 1997-1998 fees to the level

19  established in this act, and must provide authority for local

20  educational agencies to vary their fees by 10 percent below

21  the standard. However, the fee schedule must not require an

22  educational agency to reduce its fees to reach the standard

23  fee level.

24         (2)  A local educational agency may waive fees, as

25  designated in section 239.117(5), Florida Statutes, up to an

26  amount equal to 8 percent of the agency's total Workforce

27  Development enrollment hours.

28         Section 24.  (1)  The Commissioner of Education and the

29  Executive Director of the State Board of Community Colleges

30  shall continue to investigate issues related to implementation

31  of this act, especially those issues associated with:


                                  54

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1         (a)  The adoption of common reporting formats and

  2  common timeframes associated with the Workforce Development

  3  Information System;

  4         (b)  The expansion of electronic transcript systems;

  5         (c)  The implementation of occupational completion

  6  points and literacy completion points;

  7         (d)  The consolidation of state and federal workforce

  8  development funds into a common administrative entity; and

  9         (e)  The elimination of duplicative reporting

10  requirements.

11         (2)  The commissioner and director shall report to the

12  Executive Office of the Governor and the Legislature before

13  December 31, 1998, on the progress of the implementation of

14  the provisions of this act and this section. The report must

15  indicate recommendations for changes in law or policy.

16         Section 25.  There is established the Employment Task

17  Force for Adults with Disabilities, to be composed of an equal

18  number of members appointed by the Commissioner of Education

19  and the Executive Director of the State Board of Community

20  Colleges. The commissioner shall appoint an additional member

21  to serve as chairperson. Composition of the task force must

22  include representation from organizations and state agencies

23  that provide services to people with disabilities and people

24  who receive services through programs that enroll adults with

25  disabilities.

26         (1)  The task force shall:

27         (a)  Review current programs that provide education for

28  adults with disabilities and identify those that are

29  appropriately funded by the Workforce Development Education

30  Fund or the categorical fund created in Specific

31  Appropriations 119-A and 157-A of the Conference Report on


                                  55

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  House Bill 4201. If the task force identifies programs that

  2  are appropriate for funding from both sources, it shall define

  3  conditions of the programs or the students that make the dual

  4  funding appropriate.

  5         (b)  Identify and classify programs conducted for

  6  adults with disabilities and report the number of adults with

  7  disabilities enrolled in those programs and in other workforce

  8  development education programs during the 1997-1998 and

  9  1998-1999 school years.

10         (c)  Review the expenditure of funds by school

11  districts and community colleges for educational programs for

12  adults with disabilities. This review includes identifying

13  programs in which funds are used with maximum efficiency and

14  an analysis of the characteristics of effective and efficient

15  funding methods.

16         (d)  Identify and recommend remedies for conditions

17  that could preclude the participation of people who are

18  capable of working toward competitive employment.

19         (2)  The Department of Education shall provide staff to

20  assist the task force. Task force members may be reimbursed

21  for travel expenses as provided in section 112.061, Florida

22  Statutes.

23         (3)  The task force shall submit a report to the

24  Commissioner of Education by December 1, 1998. The report may

25  include recommendations for changes in policy, rule, or law to

26  increase the effectiveness of programs that enroll adults with

27  disabilities.

28         Section 26.  (1)  The State Board of Community Colleges

29  shall identify procedures that will encourage the joint use of

30  facilities by community colleges and school districts for the

31


                                  56

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






    CS for CS for SB's 1124, 2048 & 1120           First Engrossed
                                                       (corrected)


  1  purpose of conducting educational programs in workforce

  2  development.

  3         (2)  The board shall report its findings and

  4  recommendations to the Legislature by December 1, 1998.

  5         Section 27.  This act shall take effect July 1, 1998.

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  57