CODING: Words stricken are deletions; words underlined are additions.House Bill 1545
Florida House of Representatives - 1997 HB 1545
By the Committee on Community Colleges & Career Prep and
Representatives Sindler, Fasano, Diaz de la Portilla,
Harrington, Gay, Wise and Kelly
1 A bill to be entitled
2 An act relating to education; amending ss.
3 239.117, 240.235, and 240.35, F.S.; allowing
4 children adopted from the Department of
5 Children and Family Services to be exempt from
6 certain student fees; amending s. 240.334,
7 F.S.; conforming provisions; amending s.
8 240.36, F.S.; renaming the Florida Academic
9 Improvement Trust Fund for Community Colleges;
10 providing the community college system with the
11 opportunity to receive and match challenge
12 grants; specifying the State Board of Community
13 Colleges as an eligible community college
14 entity; providing for matching funds by any
15 community college entity; requiring transfer of
16 state matching funds to foundations; requiring
17 each community college entity to establish its
18 own academic improvement trust fund for the
19 deposit of funds; specifying the use of funds;
20 deleting certain requirements restricting the
21 use of money for specified scholarship
22 purposes; creating s. 240.4041, F.S.;
23 permitting part-time students with a disability
24 to be eligible for state financial aid;
25 amending s. 240.6045, F.S.; revising provisions
26 relating to a limited access competitive grant
27 program; amending s. 229.551, F.S.; providing
28 an exception to the course leveling
29 requirement; amending s. 240.107, F.S., and
30 reenacting s. 239.213(3), F.S., relating to
31 vocational-preparatory instruction, to
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1 incorporate said amendment in a reference;
2 deleting an alternative to the College Level
3 Academic Skills Test; deleting a testing
4 requirement; amending s. 240.1163, F.S.;
5 providing limitations for calculating dual
6 enrollment grades; authorizing the approval of
7 dual enrollment agreements for limited course
8 offerings with statewide appeal; creating s.
9 240.65, F.S.; providing a short title;
10 providing legislative intent; creating the
11 Institute on Public Postsecondary Distance
12 Learning; providing for a governing board of
13 the institute; assigning the institute to the
14 Florida Gulf Coast University for purposes of
15 administration; specifying duties of the
16 institute; creating s. 240.66, F.S.; directing
17 the State Board of Community Colleges to
18 establish the Florida Community College
19 Distance Learning Consortium; providing for
20 consortium membership; providing duties of the
21 consortium; amending s. 120.81, F.S.; providing
22 for exceptions to rule requirements, notice
23 requirements, filing requirements, and public
24 workshop requirements; providing an exemption
25 to certain proceeding requirements; providing
26 for retroactive effect; amending s. 120.545,
27 F.S.; correcting a cross reference; amending
28 ss. 228.041, 231.1725, 232.246, 233.067 and
29 236.081, F.S.; renaming home economics courses
30 as family and consumer sciences courses;
31 amending s. 239.105, F.S.; revising definitions
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1 of the terms "adult secondary education,"
2 "basic literacy," and "functional literacy";
3 defining the terms "beginning literacy" and
4 "family literacy"; amending s. 239.205, F.S.;
5 deleting a rulemaking requirement regarding
6 career education programs; amending s. 239.213,
7 F.S.; revising provisions relating to standards
8 of basic skills mastery; providing for the use
9 of adult basic education to meet certain needs;
10 amending s. 239.229, F.S.; requiring the
11 identification of vocational standards related
12 to work experience; requiring the development
13 of additional program standards and benchmarks;
14 amending s. 239.305, F.S., relating to adult
15 literacy; conforming language to revised
16 definitions; removing a State Board of
17 Education rule requirement; removing specific
18 annual reporting requirements; providing for
19 status reports in lieu of annual reports;
20 deleting a requirement for the submission of a
21 plan to the Commissioner of Education; amending
22 s. 240.319, F.S., relating to duties and powers
23 of community college district boards of
24 trustees; providing for specific authority;
25 repealing ss. 240.3575(5), 240.3815(1), and
26 240.382(5), F.S., relating to annual reports of
27 economic development centers, annual reports of
28 community college campus crime statistics, and
29 rules for the operation of child development
30 training centers; amending s. 229.595, F.S.;
31 requiring the inclusion of student
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1 postsecondary preparedness information in
2 manuals and handbooks; amending s. 229.601,
3 F.S.; providing for recommended high school
4 coursework information; creating s. 232.2466,
5 F.S.; providing requirements for a
6 college-ready diploma program; requiring a task
7 force to recommend incentives for pursuit of a
8 college-ready diploma; amending s. 239.117,
9 F.S.; requiring the payment of fees for the
10 continuous enrollment of students in
11 college-preparatory instruction; amending s.
12 239.301, F.S.; deleting conflicting language;
13 requiring the payment of fees for the
14 continuous enrollment of students in
15 college-preparatory instruction; amending s.
16 240.1161, F.S.; requiring implementation
17 strategies for reducing the incidence of
18 postsecondary remediation; requiring an
19 assessment of activities and the presentation
20 of outcomes; providing for the promotion of
21 "tech prep" activities; amending s. 240.117,
22 F.S.; requiring the administration of the
23 common placement test or an equivalent test
24 during the tenth grade; requiring the
25 administration of an institutionally developed
26 test in lieu of the common placement test as an
27 exit exam from remedial instruction; clarifying
28 language regarding the offering of
29 college-preparatory instruction; requiring
30 payment of fees for the continuous enrollment
31 of students in college-preparatory instruction;
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1 creating s. 240.124, F.S.; providing for an
2 increase in fees for undergraduate students who
3 continually enroll in the same college credit
4 courses; providing for exceptions; amending s.
5 240.321, F.S.; applying entrance requirements
6 to all degree programs; permitting a
7 demonstration of competency as an alternative
8 degree program admission requirement; providing
9 an exemption from the testing requirement under
10 certain circumstances; requiring the
11 establishment of institutional policies
12 regarding alternatives to traditional
13 college-preparatory instructional methods;
14 amending s. 239.117, F.S., relating to
15 postsecondary student fees; allowing payment
16 for the cost of fee exemptions to be made
17 through a contract with the local WAGES board;
18 deleting full-time equivalent enrollment
19 funding; amending s. 239.249, F.S.; providing
20 an appeal process for school districts and
21 community colleges to allow exemption from
22 participation in performance-based incentive
23 funding; amending s. 239.301, F.S.; providing
24 for services for WAGES clients negotiated
25 through the jobs and education regional board
26 by school districts and community colleges to
27 be funded by the local WAGES coalition;
28 amending s. 240.35, F.S., relating to student
29 fees; allowing payment for the cost of fee
30 exemptions to be made through a contract with
31 the local WAGES board; amending s. 414.027,
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1 F.S.; providing an alternative payment
2 structure for job training services; amending
3 s. 414.065, F.S., relating to work requirements
4 for participation in the WAGES Program;
5 including paid apprenticeship activities,
6 cooperative education activities, and
7 work-study activities in work activities;
8 permitting educational institutions to provide
9 training and receive subsidies to offset the
10 cost of the training; providing reasons for
11 placement in community service; defining work
12 experience; clarifying the role of remedial or
13 basic skills training; revising requirements
14 for payment to a provider of vocational
15 education or training; requiring the
16 development of programs to address the needs of
17 "hard-to-place" recipients; expanding the
18 definition of job skills training; providing
19 additional literacy or basic skills
20 requirements related to work activity
21 requirements; requiring the establishment of a
22 task force to investigate issues associated
23 with job training and workforce development;
24 providing effective dates.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (e) of subsection (2) of section
29 239.117, Florida Statutes, 1996 Supplement, is amended to
30 read:
31 239.117 Postsecondary student fees.--
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1 (2) The following students are exempt from any
2 requirement for the payment of registration, matriculation,
3 and laboratory fees for instruction:
4 (e) A student for whom the state is paying a foster
5 care board payment pursuant to s. 409.145(3) or pursuant to
6 parts III and V of chapter 39, for whom the permanency
7 planning goal pursuant to part V of chapter 39 is long-term
8 foster care or independent living, or who is adopted from the
9 Department of Children and Family Services after December 31,
10 1997. Such exemption includes fees associated with enrollment
11 in college-preparatory instruction and completion of the
12 college-level communication and computation skills testing
13 program. Such exemption shall be available to any student
14 adopted from the Department of Children and Family Services
15 after December 31, 1997, no more than 4 years after the date
16 of graduation from high school.
17 Section 2. Paragraph (a) of subsection (5) of section
18 240.235, Florida Statutes, is amended to read:
19 240.235 Fees.--
20 (5)(a) Any student for whom the state is paying a
21 foster care board payment pursuant to s. 409.145(3) or parts
22 III and V of chapter 39, for whom the permanency planning goal
23 pursuant to part V of chapter 39 is long-term foster care or
24 independent living, or who is adopted from the Department of
25 Children and Family Services after December 31, 1997, shall be
26 exempt from the payment of all undergraduate fees, including
27 fees associated with enrollment in college-preparatory
28 instruction or completion of college-level communication and
29 computation skills testing programs. Before a fee exemption
30 can be given, the student shall have applied for and been
31 denied financial aid, pursuant to s. 240.404, which would have
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1 provided, at a minimum, payment of all undergraduate fees.
2 Such exemption shall be available to any student adopted from
3 the Department of Children and Family Services after December
4 31, 1997, no more than 4 years after the date of graduation
5 from high school.
6 Section 3. Paragraph (a) of subsection (2) of section
7 240.35, Florida Statutes, 1996 Supplement, is amended to read:
8 240.35 Student fees.--Unless otherwise provided, the
9 provisions of this section apply only to fees charged for
10 college credit instruction.
11 (2)(a) Any student for whom the state is paying a
12 foster care board payment pursuant to s. 409.145(3) or parts
13 III and V of chapter 39, for whom the permanency planning goal
14 pursuant to part V of chapter 39 is long-term foster care or
15 independent living, or who is adopted from the Department of
16 Children and Family Services after December 31, 1997, shall be
17 is exempt from the payment of all undergraduate fees,
18 including fees associated with enrollment in
19 college-preparatory instruction or completion of the
20 college-level communication and computation skills testing
21 program. Before a fee exemption can be given, the student
22 shall have applied for and been denied financial aid, pursuant
23 to s. 240.404, which would have provided, at a minimum,
24 payment of all student fees. Such exemption shall be available
25 to any student adopted from the Department of Children and
26 Family Services after December 31, 1997, no more than 4 years
27 after the date of graduation from high school.
28 Section 4. Subsection (5) of section 240.334, Florida
29 Statutes, 1996 Supplement, is amended to read:
30 240.334 Technology transfer centers at community
31 colleges.--
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1 (5) A technology transfer center shall be financed
2 from the Dr. Philip Benjamin Academic Improvement Trust Fund
3 for Community Colleges or from moneys of a community college
4 which are on deposit or received for use in the activities
5 conducted in the center. Such moneys shall be deposited by the
6 community college in a permanent technology transfer fund in a
7 depository or depositories approved for the deposit of state
8 funds and shall be accounted for and disbursed subject to
9 regular audit by the Auditor General.
10 Section 5. Section 240.36, Florida Statutes, is
11 amended to read:
12 240.36 Dr. Philip Benjamin Florida Academic
13 Improvement Trust Fund for Community Colleges.--
14 (1) There is created the Dr. Philip Benjamin Florida
15 Academic Improvement Trust Fund for Community Colleges to be
16 administered according to rules of the State Board of
17 Community Colleges. This trust fund shall be used to
18 encourage private support in enhancing public community
19 colleges by providing the community college system colleges
20 with the opportunity to receive and match challenge grants.
21 (2) Funds appropriated shall be deposited in the trust
22 fund and shall be invested pursuant to s. 18.125.
23 Notwithstanding the provisions of s. 216.301 and pursuant to
24 s. 216.351, any undisbursed balance remaining in the trust
25 fund and interest income accruing to that portion of the trust
26 fund not matched shall remain in the trust fund and shall
27 increase the total funds available for challenge grants. At
28 the end of a fiscal year, any unexpended balance of an
29 appropriation in the trust fund will not revert to the fund
30 from which appropriated, but will remain in the trust fund
31 until used for the purposes specified in this section.
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1 (3) For every year in which there is a legislative
2 appropriation to the trust fund, no less than $25,000 must be
3 reserved to permit each community college and the State Board
4 of Community Colleges, which shall be an eligible community
5 college entity for the purposes of this section, an
6 opportunity to match challenge grants. The balance of the
7 funds shall be available for matching by any eligible
8 community college entity. Trust funds which remain unmatched
9 by contribution on March 1 of any year shall also be available
10 for matching by any community college entity. The State Board
11 of Community Colleges shall adopt rules providing all
12 community college entities colleges with an opportunity to
13 apply for excess trust funds prior to the awarding of such
14 funds. However, no community college may receive more than
15 its percentage of the total full-time equivalent enrollment or
16 15 percent, whichever is greater, of the funds appropriated to
17 the trust fund for that fiscal year and, likewise, the State
18 Board of Community Colleges may not receive more than 15
19 percent of the funds appropriated to the trust fund for that
20 fiscal year. A community college entity shall place all funds
21 it receives in excess of the first challenge grant and its
22 matching funds in its endowment fund and only the earnings on
23 that amount may be spent for approved projects. A community
24 college entity may spend the first challenge grant and its
25 matching funds as cash for any approved project, except
26 scholarships. If a community college entity proposes to use
27 any amount of the grant or the matching funds for
28 scholarships, it must deposit that amount in its endowment in
29 its academic improvement trust fund and use the earnings of
30 the endowment to provide scholarships.
31
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1 (4) Challenge grants shall be proportionately
2 allocated from the trust fund on the basis of matching each $4
3 of state funds with $6 of local or private funds. The matching
4 funds shall come from contributions made after July 1, 1983,
5 for the purposes of matching this grant. To be eligible, a
6 minimum of $4,500 must be raised from private sources, and
7 such contributions must be in excess of the total average
8 annual cash contributions made to the foundation at each
9 community college in the 3 fiscal years before July 1, 1983.
10 (5) Funds sufficient to provide the match shall be
11 transferred from the state trust fund to the local community
12 college foundation or the statewide community college
13 foundation in increments of $3,000 upon notification that a
14 proportionate amount has been received and deposited by the
15 community college entity in its own trust fund.
16 (6) Each community college entity shall establish its
17 own academic improvement trust fund as a depository for the
18 private contributions and matching state fund established
19 herein. The foundations of the foundation at each community
20 college entities are is responsible for the maintenance,
21 investment, and administration of their its academic
22 improvement trust funds fund.
23 (7)(a) The board of trustees of the community college
24 and the State Board of Community Colleges are is responsible
25 for determining the uses for the proceeds of their respective
26 trust funds the trust fund. Such uses of the proceeds shall
27 be limited to expenditure of the funds for may include:
28 1. Scientific and technical equipment.
29 2. Other activities that will benefit future students
30 as well as students currently enrolled at the community
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1 college and that will improve the quality of education at the
2 community college or in the community college system.
3 3. Scholarships, which are the lowest priority for use
4 of these funds.
5 (b) If a community college includes scholarships in
6 its proposal, it shall create an endowment in its academic
7 improvement trust fund and use the earnings of the endowment
8 to provide scholarships. Such scholarships must be program
9 specific and require high academic achievement for students to
10 qualify for or retain the scholarship. A scholarship program
11 may be used for minority recruitment but may not be used for
12 athletic participants. The board of trustees must have
13 designated the program as a program of emphasis for quality
14 improvement, a designation that should be restricted to a
15 limited number of programs at the community college. In
16 addition, the board of trustees must have adopted a specific
17 plan that details how the community college will improve the
18 quality of the program designated for emphasis and that
19 includes quality measures and outcome measures. Over a period
20 of time, the community college operating budget should show
21 additional financial commitment to the program of emphasis
22 above and beyond the average increases to other programs
23 offered by the community college. Fundraising activities must
24 be specifically identified as being for the program of
25 emphasis or scholarship money. The community college must
26 fully levy the amount for financial aid purposes provided by
27 s. 240.35(10) in addition to the tuition and matriculation fee
28 before any scholarship funds are awarded to the community
29 college as part of its approved request.
30 (b)(c) Proposals for use of the trust fund shall be
31 submitted to the State Board of Community Colleges for
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1 approval. Any proposal not acted upon in 60 days shall be
2 considered not approved.
3 (8) The State Board of Community Colleges shall
4 establish rules to provide for the administration of this
5 fund. Such rules shall establish the minimum challenge grant
6 reserved for each community college entity and the maximum
7 amount which a community college entity may receive from a
8 legislative appropriation in any fiscal year in accordance
9 with the provisions of the General Appropriations Act.
10 Section 6. Section 240.4041, Florida Statutes, is
11 created to read:
12 240.4041 State financial aid; students with a
13 disability.--Notwithstanding the provisions of s.
14 240.404(1)(b)1.b. regarding the number of credits earned per
15 term, a student with a disability, as defined by the Americans
16 with Disabilities Act, shall be eligible for state financial
17 aid while attending an eligible postsecondary institution on a
18 part-time basis upon certification of the student's disability
19 by a licensed physician in this state or by the Division of
20 Vocational Rehabilitation of the Department of Labor and
21 Employment Security. The State Board of Education shall adopt
22 any rules necessary to implement the provisions of this
23 section.
24 Section 7. Subsections (1), (2), (3), and (4) of
25 section 240.6045, Florida Statutes, are amended to read:
26 240.6045 Limited access competitive grant program.--
27 (1) There is established a limited access competitive
28 grant program which shall be administered by the Department of
29 Education. The purpose of the program shall be to provide
30 enrollment opportunities for qualified applicants in unable to
31
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1 obtain admission to selected state university limited access
2 programs or equivalent academic tracks.
3 (2) The Postsecondary Education Planning Commission
4 shall annually identify for the State Board of Education
5 selected high priority employment fields that are designated,
6 commonly referred to as limited access programs, which require
7 a baccalaureate degree and for which one or more state
8 universities have insufficient capacity to serve all qualified
9 applicants.
10 (3) Program applicants shall be Florida residents,
11 either community college graduates or state university
12 students, who are qualified for admission to a selected
13 independent college or university because of lack of space are
14 denied admission to a state university program directly
15 related to a high priority employment field identified by the
16 State Board of Education.
17 (4) A limited access competitive grant may be awarded
18 in a competitive grant which equals 50 percent of the cost to
19 the state per academic year of funding an undergraduate
20 student in public postsecondary education if the recipient
21 chooses to enroll in a comparable program provided by an
22 eligible independent college or university in Florida.
23 Eligible independent institutions shall be designated by the
24 Department of Education and shall be selected from among
25 institutions accredited by the Commission on Colleges of the
26 Southern Association of Colleges and Schools. Priority shall
27 be given to state residents who graduate from a Florida high
28 school or community college.
29 Section 8. Paragraph (f) of subsection (1) of section
30 229.551, Florida Statutes, 1996 Supplement, is amended to
31 read:
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1 229.551 Educational management.--
2 (1) The department is directed to identify all
3 functions which under the provisions of this act contribute
4 to, or comprise a part of, the state system of educational
5 accountability and to establish within the department the
6 necessary organizational structure, policies, and procedures
7 for effectively coordinating such functions. Such policies
8 and procedures shall clearly fix and delineate
9 responsibilities for various aspects of the system and for
10 overall coordination of the total system. The commissioner
11 shall perform the following duties and functions:
12 (f) Development and coordination of a common course
13 designation and numbering system for community colleges and
14 the State University System which will improve program
15 planning, increase communication among community colleges and
16 universities, and facilitate the transfer of students. The
17 system shall not encourage or require course content
18 prescription or standardization or uniform course testing, and
19 the continuing maintenance of the system shall be accomplished
20 by appropriate faculty committees. Also, the system shall be
21 applied to all postsecondary and certificate career education
22 programs and courses offered in school districts and community
23 colleges. The Articulation Coordinating Committee shall:
24 1. Identify the highest demand degree programs within
25 the State University System.
26 2. Conduct a study of courses offered by universities
27 and accepted for credit toward a degree. The study shall
28 identify courses designated as either general education or
29 required as a prerequisite for a degree. The study shall also
30 identify these courses as upper-division level or
31 lower-division level.
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1 3. Appoint faculty committees representing both
2 community college and university faculties to recommend a
3 single level for each course included in the common course
4 numbering and designation system. Any course designated as an
5 upper-division level course must be characterized by a need
6 for advanced academic preparation and skills that a student
7 would be unlikely to achieve without significant prior
8 coursework. Courses with the same prefix and last three digits
9 required for both associate in science and baccalaureate
10 degrees shall be exceptions to the leveling requirement and
11 may be offered at both the lower and upper divisions. The
12 course transfer policy as defined in s. 240.115(1)(b) shall
13 apply to these courses. Of the courses required for each
14 baccalaureate degree, at least half of the credit hours
15 required for the degree shall be achievable through courses
16 designated as lower-division courses, except in degree
17 programs approved by the Board of Regents pursuant to s.
18 240.209(5)(e). A course designated as lower-division may be
19 offered by any community college. By January 1, 1996, The
20 Articulation Coordinating Committee shall recommend to the
21 State Board of Education the levels for the courses. By
22 January 1, 1996, The common course numbering and designation
23 system shall include the courses at the recommended levels,
24 and by fall semester of 1996, the registration process at each
25 state university and community college shall include the
26 courses at their designated levels and common course numbers.
27 4. Appoint faculty committees representing both
28 community college and university faculties to recommend those
29 courses identified to meet general education requirements
30 within the subject areas of communication, mathematics, social
31 sciences, humanities, and natural sciences. By January 1,
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1 1996, The Articulation Coordinating Committee shall recommend
2 to the State Board of Education those courses identified to
3 meet these general education requirements by their common
4 course code number. By fall semester, 1996, All community
5 colleges and state universities shall accept these general
6 education courses.
7 5. Appoint faculty committees representing both
8 community colleges and universities to recommend common
9 prerequisite courses and identify course substitutions when
10 common prerequisites cannot be established for degree programs
11 across all institutions. Faculty work groups shall adopt a
12 strategy for addressing significant differences in
13 prerequisites, including course substitutions. The Board of
14 Regents shall be notified by the Articulation Coordinating
15 Committee when significant differences remain. By fall
16 semester, 1996, Common degree program prerequisites shall be
17 offered and accepted by all state universities and community
18 colleges, except in cases approved by the Board of Regents
19 pursuant to s. 240.209(5)(f). The Board of Regents shall work
20 with the State Board of Community Colleges on the development
21 of a centralized database containing the list of courses and
22 course substitutions that meet the prerequisite requirements
23 for each baccalaureate degree program; and
24 Section 9. Subsection (9) of section 240.107, Florida
25 Statutes, is amended to read:
26 240.107 College-level communication and computation
27 skills examination.--
28 (9) Beginning January 1, 1996, Any student fulfilling
29 one or both more of the following requirements before
30 completion of associate in arts degree requirements or
31
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1 baccalaureate degree requirements is exempt from the testing
2 requirements of this section:
3 (a) Achieves a score that meets or exceeds a minimum
4 score on a nationally standardized examination listed in the
5 articulation agreement, as established by the Articulation
6 Coordinating Committee; or
7 (b) Achieves a passing score on the college placement
8 test, required pursuant to s. 240.117, and, as certified on
9 the high school transcript, a cumulative grade point average
10 of 3.0 or above, on a 4.0 scale, in college-preparatory high
11 school coursework identified by the Articulation Coordinating
12 Committee; or
13 (b)(c) Achieves a passing score on the college
14 placement test, required pursuant to s. 240.117, and a
15 cumulative grade point average of 2.5 or above, on a 4.0
16 scale, in postsecondary-level coursework identified by the
17 Postsecondary Education Planning Commission.
18
19 Any student denied a degree prior to January 1, 1996, based on
20 the failure of at least one subtest of the CLAST may use
21 either any of the alternatives specified in this subsection
22 for receipt of a degree if such student meets all degree
23 program requirements at the time of application for the degree
24 under the exemption provisions of this subsection. This
25 section does not require a student to take the CLAST before
26 being given the opportunity to use either any of the
27 alternatives specified in this subsection. The exemptions
28 provided herein do not apply to requirements for certification
29 as provided in s. 231.17.
30 Section 10. Subsections (4) and (5) are added to
31 section 240.1163, Florida Statutes, to read:
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1 240.1163 Joint dual enrollment and advanced placement
2 instruction.--
3 (4) No student enrolled in any dual enrollment course
4 shall in any way be discriminated against for grading purposes
5 or subjected to an alternative grade or weighting system by
6 either the school district, community college, or university.
7 (5) The Commissioner of Education may approve dual
8 enrollment agreements for limited course offerings that have
9 statewide appeal. Such programs shall be limited to a single
10 site with multiple county participation.
11 Section 11. For the purpose of incorporating the
12 amendment to section 240.107, Florida Statutes, in a reference
13 thereto, subsection (3) of section 239.213, Florida Statutes,
14 is reenacted to read:
15 239.213 Vocational-preparatory instruction.--
16 (3) Exceptional students, as defined in s. 228.041,
17 may be exempted from the provisions of this section. A
18 student who possesses an associate in arts, baccalaureate, or
19 graduate-level degree, who has completed the college-level
20 communication and computation skills examination pursuant to
21 s. 240.107, or who is exempt from the college entry-level
22 examination pursuant to s. 240.107 may be exempted from the
23 provisions of this section.
24 Section 12. Section 240.65, Florida Statutes, is
25 created to read:
26 240.65 Institute on Public Postsecondary Distance
27 Learning.--
28 (1) SHORT TITLE.--This section may be cited as the
29 "Institute on Public Postsecondary Distance Learning Act."
30 (2) LEGISLATIVE INTENT.--It is the finding of the
31 Legislature that:
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1 (a) The integration of the use of distance learning
2 and other technologies as methods of delivering postsecondary
3 instruction has been increasing in Florida.
4 (b) The coordination of separate and independent
5 distance learning providers will help reduce unwarranted
6 duplication and facilitate student transfer credit.
7 (c) Distance learning can provide postsecondary
8 institutions with a mechanism by which they can:
9 1. Increase student access to education.
10 2. Reduce time needed to obtain a degree by allowing
11 students to take required classes by distance learning which
12 normally would not be available.
13 3. Reduce unwarranted duplication in course
14 development.
15 4. Increase productivity.
16 5. Increase coordination in the development and
17 delivery of distance learning instruction by the State
18 University System and the State Community College System.
19 (3) INSTITUTE ON PUBLIC POSTSECONDARY DISTANCE
20 LEARNING; CREATION AND COMPOSITION.--
21 (a) There is established the Institute on Public
22 Postsecondary Distance Learning with a governing board
23 comprised of the Chancellor of the State University System,
24 the Executive Director of the State Community College System,
25 the Secretary of Management Services or the designee of the
26 secretary, the Commissioner of Education or the designee of
27 the commissioner, the Secretary of State or the designee of
28 the secretary, one member of the Board of Regents, four state
29 university presidents, one member of the State Board of
30 Community Colleges, and four community college presidents.
31 The Chancellor of the State University System shall appoint
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1 the member of the Board of Regents and the four state
2 university presidents. The Executive Director of the State
3 Board of Community Colleges shall appoint the member of the
4 State Board of Community Colleges and the four community
5 college presidents. Such appointments must be for staggered,
6 rotating terms.
7 (b) Pursuant to bylaws, the governing board of the
8 institute shall elect a chair to serve a 1-year term. The
9 position of chair shall rotate between the State University
10 System and the State Community College System.
11 (c) The governing board of the institute shall take
12 official action by consensus only. For purposes of this
13 section, consensus is defined as agreement by the Chancellor
14 of the State University System and the Executive Director of
15 the State Community College System.
16 (d) The institute shall be administratively assigned
17 to Florida Gulf Coast University and may hire an executive
18 director who will be responsible to the governing board and
19 who will act on behalf of Florida's public postsecondary
20 education systems to support distance learning activities.
21 The institute may hire additional support staff as needed.
22 The governing board of the institute shall review and approve
23 all staff position descriptions. The institute shall also
24 draw upon the expertise of the staff within their respective
25 delivery systems to assist in the completion of duties and
26 activities.
27 (4) DUTIES OF THE INSTITUTE ON PUBLIC POSTSECONDARY
28 DISTANCE LEARNING.--
29 (a) The institute is responsible for developing and
30 recommending, for review and adoption by the Board of Regents
31
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1 and the State Board of Community Colleges, policies and
2 procedures that:
3 1. Ensure cooperation and coordination within and
4 between the State University System and the State Community
5 College System in the development and delivery of distance
6 learning instruction.
7 2. Provide for the cooperative development and
8 distribution of postsecondary distance learning programs and
9 courses.
10 3. Maximize the most efficient access to courses and
11 programs.
12 4. Ensure the transfer of distance learning course
13 credits and the articulation of distance learning degree
14 programs.
15 5. Address the funding and cost of distance learning
16 credit and noncredit courses and programs, including, but not
17 limited to, recommended fees for distance learning courses and
18 programs, subject to approval by the Legislature. The
19 institute shall also identify and recommend to the respective
20 boards specific issues to be included in each system's
21 legislative budget request. Funds appropriated by the
22 Legislature to the State University System and State Community
23 College System specifically to support collaborative
24 postsecondary distance learning must be expended by mutual
25 agreement by the Board of Regents, the State Board of
26 Community Colleges, and the institute.
27 (b) The institute shall be responsible for monitoring
28 the implementation and effectiveness of those policies and
29 procedures that are adopted, for identifying emerging needs
30 and issues in public postsecondary education distance
31 learning, and for evaluating public postsecondary educational
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1 institutions' success in meeting the systemwide and
2 institutional goals and objectives established by the Florida
3 Distance Learning Network, the Board of Regents, and the State
4 Board of Community Colleges. By November 1 of each year, the
5 institute shall submit a report of its findings and
6 recommendations to the State Board of Education, the Florida
7 Distance Learning Network, the Board of Regents, and the State
8 Board of Community Colleges.
9 Section 13. Section 240.66, Florida Statutes, is
10 created to read:
11 240.66 Florida Community College Distance Learning
12 Consortium.--
13 (1) The State Board of Community Colleges is directed
14 to establish the Florida Community College Distance Learning
15 Consortium to be administered by the State Board of Community
16 Colleges.
17 (a) The State Board of Community Colleges shall
18 appoint the membership of the consortium, with the majority of
19 members to be community college representatives. From the
20 membership of the consortium, the Chairman of the State Board
21 of Community Colleges shall appoint a chair to serve a 1-year
22 term. The chair of the consortium shall appoint any
23 appropriate subcommittees to complete the duties of the
24 consortium.
25 (b) The powers and duties of the consortium shall be
26 determined by the State Board of Community Colleges by rule.
27 (c) The Executive Director of the State Board of
28 Community Colleges may hire appropriate support staff for the
29 consortium.
30 (2) The consortium, in coordination with the Institute
31 on Public Postsecondary Distance Learning, shall:
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1 (a) Develop, for consideration and approval by the
2 State Board of Community Colleges, plans for the State
3 Community College System related to distance learning. Such
4 plans shall address the following goals:
5 1. To increase student access.
6 2. To reduce time needed for students to meet their
7 educational goals through the provision of distance learning
8 credit and noncredit programs and courses.
9 3. To reduce unwarranted duplication in the
10 acquisition, development, and distribution of credit and
11 noncredit programs and courses and improve coordination among
12 the community colleges and other educational institutions.
13 4. To provide for coordination with the State
14 University System for the development of articulated associate
15 to baccalaureate degree programs to be offered exclusively
16 through distance learning.
17 (b) Develop, for consideration and approval by the
18 State Board of Community Colleges, procedures for the
19 coordination and delivery of distance learning programs and
20 courses statewide, including guidelines for colleges to
21 deliver distance learning programs and courses across
22 community college district service areas.
23 (c) Develop, for consideration and review by the State
24 Board of Community Colleges, mechanisms to market for
25 distribution distance learning credit and noncredit programs
26 and courses offered by community colleges.
27 (d) Ensure that programs and courses coordinated by
28 the consortium are in compliance with all accreditation
29 requirements.
30 (e) Develop, for consideration and approval by the
31 State Board of Community Colleges, mechanisms to provide for
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1 consolidated and coordinated telecommunications infrastructure
2 or program development acquisitions. These mechanisms must
3 ensure maximum cost effectiveness while not interfering with
4 the ability of community colleges to purchase items for which
5 coordinated purchases are not available, effective, or
6 beneficial to the college. These mechanisms must also provide
7 for cooperative purchasing and leasing.
8 (f) Recommend, for consideration by the State Board of
9 Community Colleges, agreements with community colleges or
10 other state governmental providers for the development of
11 credit and noncredit programs and courses to be coordinated
12 through the consortium.
13 (g) Support the training efforts for faculty and staff
14 members of the community colleges, including training required
15 for all related academic and support services related to
16 distance learning initiatives.
17 (h) Maintain an inventory of distance learning credit
18 and noncredit programs and courses, staff development
19 materials, and academic and student support services software
20 available to support distance learning instruction.
21 (i) Serve as the point of coordination with the
22 Institute on Public Postsecondary Distance Learning.
23 Section 14. Effective upon this act becoming a law and
24 operating retroactively to July 1, 1996, subsection (1) of
25 section 120.81, Florida Statutes, 1996 Supplement, is amended
26 to read:
27 120.81 Exceptions and special requirements; general
28 areas.--
29 (1) EDUCATIONAL UNITS.--
30 (a) The preparation or modification of curricula by an
31 educational unit is not a rule as defined by this chapter.
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1 (b) Notwithstanding s. 120.52(15), any tests, test
2 scoring criteria, or testing procedures relating to student
3 assessment which are developed or administered by the
4 Department of Education pursuant to s. 229.57, s. 232.245, s.
5 232.246, or s. 232.247, or any other statewide educational
6 tests required by law, are not rules.
7 (c) Notwithstanding s. 120.54(1)(g), educational
8 units, other than units of the State University System and the
9 Florida School for the Deaf and the Blind, may adopt multiple
10 subject rules such as catalogs, bulletins, handbooks, and
11 personnel agendas.
12 (d) Notwithstanding s. 120.54(2), a notice of rule
13 development by an educational unit need not include the
14 preliminary text of the proposed rules and notice shall be
15 made:
16 1. By publication in a newspaper of general
17 circulation in the affected area;
18 2. By mail to all persons who have made requests of
19 the educational unit for advance notice of its proceedings and
20 to organizations representing persons affected by the proposed
21 rule; and
22 3. By posting in appropriate places so that those
23 particular classes of persons to whom the intended action is
24 directed may be duly notified.
25 (e)(c) Notwithstanding s. 120.54(3)(a), notice of
26 intent by an educational unit to adopt, amend, or repeal a
27 rule or notice by an educational unit of a petition for a
28 declaratory statement need not include the full text of the
29 proposed rule or amendment be published in the Florida
30 Administrative Weekly or transmitted to the committee;
31
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1 however, the notice, for other than an emergency rule, shall
2 be made at least 21 days prior to the intended action:
3 1. By publication in a newspaper of general
4 circulation in the affected area;
5 2. By mail to all persons who have made requests of
6 the educational unit for advance notice of its proceedings and
7 to organizations representing persons affected by the proposed
8 rule; and
9 3. By posting in appropriate places so that those
10 particular classes of persons to whom the intended action is
11 directed may be duly notified.
12 (f)(d) Notwithstanding s. 120.54(3)(a)4., Educational
13 units, other than units of the State University System and the
14 Florida School for the Deaf and the Blind, shall not be
15 required to make filings with the committee of the documents
16 required to be filed by that subparagraph.
17 (g) Educational units, other than units of the State
18 University System and the Florida School for the Deaf and the
19 Blind, shall not be required to publish notices in the Florida
20 Administrative Weekly.
21 (h)(e) Notwithstanding s. 120.57(1)(a), hearings which
22 involve student disciplinary suspensions or expulsions may be
23 conducted by educational units.
24 (i)(f) Sections 120.569 and 120.57 do not apply to any
25 proceeding in which the substantial interests of a student are
26 determined by a community college district or the State
27 University System. The Board of Regents shall establish a
28 committee, at least half of whom shall be appointed by the
29 Council of Student Body Presidents, which shall establish
30 rules and guidelines ensuring fairness and due process in
31
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1 judicial proceedings involving students in the State
2 University System.
3 (j)(g) Notwithstanding ss. 120.569 and 120.57, in a
4 hearing involving a student disciplinary suspension or
5 expulsion conducted by an educational unit, the 14-day notice
6 of hearing requirement may be waived by the agency head or the
7 hearing officer without the consent of parties.
8 (k)(h) For purposes of s. 120.68, a district school
9 board whose decision is reviewed under the provisions of s.
10 231.36 and whose final action is modified by a superior
11 administrative decision shall be a party entitled to judicial
12 review of the final action.
13 (l)(i) Notwithstanding s. 120.525(2), the agenda for a
14 special meeting of a district school board under authority of
15 s. 230.16 shall be prepared upon the calling of the meeting,
16 but not less than 48 hours prior to the meeting.
17 (m) Notwithstanding s. 120.54(2)(c), educational
18 units, other than units of the State University System and the
19 Florida School for the Deaf and the Blind, shall not be
20 required to hold public workshops outside their respective
21 districts.
22 Section 15. Subsection (1) of section 120.545, Florida
23 Statutes, 1996 Supplement, is amended to read:
24 120.545 Committee review of agency rules.--
25 (1) As a legislative check on legislatively created
26 authority, the committee shall examine each proposed rule,
27 except for those proposed rules exempted by s. 120.81(1)(f)(d)
28 and (2), and its accompanying material, and each emergency
29 rule, and may examine any existing rule, for the purpose of
30 determining whether:
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1 (a) The rule is an invalid exercise of delegated
2 legislative authority.
3 (b) The statutory authority for the rule has been
4 repealed.
5 (c) The rule reiterates or paraphrases statutory
6 material.
7 (d) The rule is in proper form.
8 (e) The notice given prior to its adoption was
9 sufficient to give adequate notice of the purpose and effect
10 of the rule.
11 (f) The rule is consistent with expressed legislative
12 intent pertaining to the specific provisions of law which the
13 rule implements.
14 (g) The rule is necessary to accomplish the apparent
15 or expressed objectives of the specific provision of law which
16 the rule implements.
17 (h) The rule is a reasonable implementation of the law
18 as it affects the convenience of the general public or persons
19 particularly affected by the rule.
20 (i) The rule could be made less complex or more easily
21 comprehensible to the general public.
22 (j) The rule does not impose regulatory costs on the
23 regulated person, county, or city which could be reduced by
24 the adoption of less costly alternatives that substantially
25 accomplish the statutory objectives.
26 (k) The rule will require additional appropriations.
27 (l) If the rule is an emergency rule, there exists an
28 emergency justifying the promulgation of such rule, the agency
29 has exceeded the scope of its statutory authority, and the
30 rule was promulgated in compliance with the requirements and
31 limitations of s. 120.54(4).
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1 Section 16. Paragraph (a) of subsection (22) of
2 section 228.041, Florida Statutes, 1996 supplement, is amended
3 to read:
4 228.041 Definitions.--Specific definitions shall be as
5 follows, and wherever such defined words or terms are used in
6 the Florida School Code, they shall be used as follows:
7 (22) CAREER EDUCATION.--
8 (a) "Career education" is defined as meaning that
9 instruction not necessarily leading to a baccalaureate degree,
10 either graded or ungraded, listed below:
11 1. Job-preparatory instruction in the minimum
12 competencies necessary for effective entry into an occupation,
13 including diversified cooperative education, work experience,
14 and job entry programs which coordinate directed study and
15 on-the-job training;
16 2. Exploratory courses designed to give students
17 initial exposure to the skills and aptitudes associated with a
18 broad range of occupations in order to assist them in making
19 informed decisions regarding their future academic and
20 occupational goals;
21 3. Supplemental programs designed to enable persons
22 who are or have been employed in an occupation to upgrade
23 their competencies in order to reenter or maintain employment
24 or advance within their current occupation;
25 4. Practical arts courses designed to teach students
26 practical generic skills which, though applicable to some
27 occupations, are not designed to prepare students for entry
28 into a specific occupation. Such courses may include, but may
29 not be limited to, typing, industrial arts, and family and
30 consumer sciences home economics; or
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1 5. Instruction which integrates the basic academic
2 skills and vocational skills.
3 Section 17. Paragraph (c) of subsection (1) of section
4 231.1725, Florida Statutes, is amended to read:
5 231.1725 Employment of substitute teachers, teachers
6 of adult education, nondegreed teachers of career education,
7 and noncertificated teachers in critical teacher shortage
8 areas.--
9 (1) Notwithstanding the provisions of ss. 231.02,
10 231.15, 231.17, and 231.172 or any other provision of law or
11 rule to the contrary, each school board shall establish the
12 minimal qualifications for:
13 (c) Part-time and full-time nondegreed teachers of
14 vocational programs. Qualifications shall be established for
15 agriculture, business, health occupations, family and consumer
16 sciences home economics, industrial, marketing, and public
17 service education teachers, based primarily on successful
18 occupational experience rather than academic training. The
19 qualifications for such teachers shall require:
20 1. The filing of a complete set of fingerprints in the
21 same manner as required by s. 231.02. Faculty employed solely
22 to conduct postsecondary instruction may be exempted from this
23 requirement.
24 2. Documentation of education and successful
25 occupational experience including documentation of:
26 a. A high school diploma or the equivalent.
27 b. Completion of 6 years of full-time successful
28 occupational experience or the equivalent of part-time
29 experience in the teaching specialization area. Alternate
30 means of determining successful occupational experience may be
31 established by the school board.
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1 c. Completion of career education training conducted
2 through the local school district inservice master plan.
3 d. For full-time teachers, completion of professional
4 education training in teaching methods, course construction,
5 lesson planning and evaluation, and teaching special needs
6 students. This training may be completed through coursework
7 from a standard institution or an approved district teacher
8 education program.
9 e. Demonstration of successful teaching performance.
10 Section 18. Paragraph (c) of subsection (7) of section
11 232.246, Florida Statutes, is amended to read:
12 232.246 General requirements for high school
13 graduation.--
14 (7) No student may be granted credit toward high
15 school graduation for enrollment in the following courses or
16 programs:
17 (c) More than three credits in practical arts family
18 and consumer sciences home economics classes as defined in s.
19 228.041(22)(a)4.
20 Section 19. Paragraph (c) of subsection (4) of section
21 233.067, Florida Statutes, 1996 Supplement, is amended to
22 read:
23 233.067 Comprehensive health education and substance
24 abuse prevention.--
25 (4) ADMINISTRATION OF THE COMPREHENSIVE HEALTH
26 EDUCATION AND SUBSTANCE ABUSE PREVENTION PROGRAM.--
27 (c) The comprehensive health education and substance
28 abuse prevention program shall include the following in all
29 public and laboratory schools:
30 1. Implementation of inservice education programs for
31 teachers, counselors, and other persons, which programs deal
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1 with comprehensive health education, substance abuse
2 prevention, prevention of sexually transmissible diseases,
3 especially human immunodeficiency virus infection and acquired
4 immune deficiency syndrome, and the benefits of sexual
5 abstinence and consequences of teenage pregnancy. Such
6 inservice education programs shall be consistent with the
7 master plan, as specified in s. 236.0811, and shall include
8 training in substance abuse identification and prevention. The
9 training plan may provide for the option of using teachers as
10 trainers and shall include, but not be limited to: information
11 on current theory, knowledge, and practice regarding substance
12 abuse; identification and referral procedures; legal issues;
13 peer counseling; and methods of teaching decisionmaking skills
14 and building self-concept. Inservice teacher education
15 materials and student materials which are based upon
16 individual performance and designed for use with a minimum of
17 supervision shall be developed and made available to all
18 school districts and laboratory schools.
19 2. Implementation of management training programs
20 consistent with the provisions of s. 231.087 for principals
21 and other school leaders on the identification, prevention,
22 and treatment of substance abuse and the availability of local
23 and regional referral resources.
24 3. Instruction in nutrition education as a specific
25 area of health education instruction. Nutrition education
26 shall include, but not be limited to, sound nutritional
27 practices, wise food selection, analysis of advertising claims
28 about food, proper food preparation, and food storage
29 procedures. The purpose of such nutrition education programs
30 shall be to educate students in the overall area of nutrition
31
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1 education and significantly reduce health problems associated
2 with poor or improper nutrition practices.
3 4. Instruction in substance abuse prevention in
4 kindergarten through grade 12. Such instruction shall be
5 designed to meet local needs and priorities and shall
6 articulate clear instructional objectives aimed at the
7 prevention of alcohol and substance abuse. The instruction
8 shall be appropriate for the grade and age of the student and
9 shall reflect current theory, knowledge, and practice
10 regarding prevention of substance abuse and may contain
11 instruction in such components as health, personal, and
12 economic consequences of substance abuse and instruction in
13 decisionmaking, resisting peer pressure, self-concept building
14 skills, and identifying and dealing with situations that pose
15 a risk to one's health and may lead to substance abuse.
16 5. Instruction in the causes, transmission, and
17 prevention of human immunodeficiency virus infection and
18 acquired immune deficiency syndrome and other sexually
19 transmissible diseases for students. Such instruction shall
20 be included in appropriate middle school or junior high school
21 health and science courses and in life management skills and
22 other high school courses. Any student whose parent makes
23 written request to the school principal shall be exempt from
24 reproductive health or AIDS instructional activities, as
25 requested. Curriculum frameworks for comprehensive health
26 education shall not interfere with the local determination of
27 appropriate curriculum which reflects local values and
28 concerns.
29 6. Upon approval by the district school board, an
30 opportunity for 9th-12th grade students to receive instruction
31 in cardiopulmonary resuscitation in order to become certified
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1 in that technique. A school district may enter a cooperative
2 arrangement with a local government or nonprofit association
3 to provide training in cardiopulmonary resuscitation through
4 instructors certified in that technique.
5 7. Design and development of programs for the
6 selection and training of health education instructors from
7 existing teaching staff and the orientation to teaching roles
8 for persons employed in appropriate health fields and
9 community volunteers.
10 8. Development of training programs to allow the use
11 of school food service personnel as resource persons.
12 9. Instruction in reproductive health, interpersonal
13 skills, and parenting to reduce teenage pregnancy and to
14 promote healthy behavior in Florida's children for all
15 students in kindergarten through grade 12, beginning with the
16 1991-1992 school year. In order that children make informed
17 and constructive decisions about their lives, complete and
18 accurate comprehensive health education shall be made
19 available to all young people. Curriculum shall be developed
20 to reduce destructive behavior in children, including early
21 sexual involvement, substance abuse, suicide, and activities
22 which result in sexually transmitted diseases, acquired immune
23 deficiency syndrome, and early teenage pregnancy, with subject
24 materials appropriate to the grade level and values consistent
25 with those of the community. Instruction shall also include an
26 understanding of the body and its systems and identification
27 and prevention of child abuse in the lower grades and
28 decisionmaking in the middle and higher grades. Instruction
29 in human sexuality shall take into account the whole person,
30 shall present ethical and moral dimensions, shall not be an
31 expression of any one sectarian or secular philosophy, and
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1 shall respect the conscience and rights of students and
2 parents. School districts and laboratory schools are
3 encouraged to provide written materials on reproductive health
4 to parents, as well as opportunities for parents to become
5 informed about the instruction their children are receiving
6 and to receive instruction themselves. All course materials
7 and oral or visual instruction shall conform to the requisites
8 and intent of all Florida law and the State Constitution. All
9 instructional materials, including teachers' manuals, films,
10 tapes, or other supplementary instructional material shall be
11 available for inspection by parents or guardians of the
12 children engaged in such classes.
13 10. Instruction in the benefits of sexual abstinence
14 and consequences of teenage pregnancy, sexually transmitted
15 diseases, and acquired immune deficiency syndrome in
16 appropriate middle school or junior high school health,
17 science, and family and consumer sciences home economics
18 courses and in life management skills and other appropriate
19 high school courses. Curriculum frameworks shall be created
20 or modified as necessary to help ensure such instruction.
21 Section 20. Paragraph (l) of subsection (1) of section
22 236.081, Florida Statutes, 1996 Supplement, is amended to
23 read:
24 236.081 Funds for operation of schools.--If the annual
25 allocation from the Florida Education Finance Program to each
26 district for operation of schools is not determined in the
27 annual appropriations act or the substantive bill implementing
28 the annual appropriations act, it shall be determined as
29 follows:
30 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
31 OPERATION.--The following procedure shall be followed in
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1 determining the annual allocation to each district for
2 operation:
3 (l) Instruction in family and consumer sciences home
4 economics.--Students in grades K through 12 who are enrolled
5 for more than six semesters in practical arts family and
6 consumer sciences home economics courses as defined in s.
7 228.041(22)(a)4. may not be counted as full-time equivalent
8 students for this instruction.
9 Section 21. Subsections (3) through (10) of section
10 239.105, Florida Statutes, are amended to read:
11 239.105 Definitions.--As used in this chapter, the
12 term:
13 (3) "Adult secondary education" means courses through
14 which a person receives high school credit that leads to the
15 award of a high school diploma or programs of instruction
16 through which a student prepares to take the general
17 educational development test. This includes 9th through 12th
18 grade levels.
19 (4) "Basic literacy" which is also referred to as
20 "beginning adult basic education" means the demonstration of
21 academic competence from 2.0 through 5.9 at a fifth grade
22 educational grade levels level as measured by means approved
23 for this purpose by the State Board of Education.
24 (5) "Beginning literacy" means the demonstration of
25 academic competence from 0 through 1.9 educational grade
26 levels as measured by means approved for this purpose by the
27 State Board of Education.
28 (6)(5) "College-preparatory instruction" means courses
29 through which a high school graduate who applies for a degree
30 program may attain the communication and computation skills
31 necessary to enroll in college credit instruction.
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1 (7)(6) "Commissioner" means the Commissioner of
2 Education.
3 (8)(7) "Community education" means the use of a school
4 or other public facility as a community center operated in
5 conjunction with other public, private, and governmental
6 organizations for the purpose of providing educational,
7 recreational, social, cultural, health, and community services
8 for persons in the community in accordance with the needs,
9 interests, and concerns of that community.
10 (9)(8) "Department" means the Department of Education.
11 (10)(9) "Document literacy" means the demonstration of
12 competence in identifying and using information located in
13 materials such as charts, forms, tables, and indexes.
14 (11) "Family literacy" means a program for adults that
15 includes a literacy component for parents and children or
16 other intergenerational literacy components.
17 (12)(10) "Functional literacy" which is also referred
18 to as "intermediate adult basic education" means the
19 demonstration of academic competence from 6.0 through 8.9 at
20 an eighth grade educational grade levels level as measured by
21 means approved for this purpose by the State Board of
22 Education.
23 Section 22. Section 239.205, Florida Statutes, is
24 amended to read:
25 239.205 State Board of Education rules regarding
26 career education programs; common definitions; criteria for
27 determining program level; basic skills standards.--
28 (1) The State Board of Education shall adopt, by rule,
29 common definitions for associate in science degrees and for
30 certificates.
31
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1 (2) The State Board of Education shall develop
2 guidelines to determine the criteria by which the level of
3 degree or certificate is assigned to a vocational program.
4 The guidelines must ensure that assignments are made at the
5 lowest level possible commensurate with sound professional
6 practice; however, the guidelines must also ensure that
7 assignments are updated for programs that increase in
8 technical complexity or general education requirements beyond
9 the parameters of a certificate program. Institutions may
10 continue to offer existing programs that are assigned to a
11 lower level; however, such programs shall be funded at the
12 assigned level. The State Board of Education shall adopt
13 rules regarding reporting requirements for vocational
14 programs.
15 (3) The State Board of Education shall adopt, by rule,
16 basic skills standards to be met by each vocational student
17 prior to completion of a certificate career education program.
18 Section 23. Subsections (1) and (2) of section
19 239.213, Florida Statutes, are amended to read:
20 239.213 Vocational-preparatory instruction.--
21 (1) The State Board for Career Education shall adopt,
22 by rule, standards of basic skill mastery for certificate
23 career education programs of less than 1,800 hours. Each
24 school district and community college that conducts
25 certificate career education programs shall provide
26 vocational-preparatory instruction through which students
27 receive the basic skills instruction required pursuant to this
28 section.
29 (2) Students who enroll in a certificate career
30 education program of 450 hours or more shall complete an
31 entry-level examination within the first 6 weeks of admission
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1 into the program. The state board shall designate
2 examinations that are currently in existence, the results of
3 which are comparable across institutions, to assess student
4 mastery of basic skills. Any student deemed to lack a minimal
5 level of basic skills for such program shall be referred to
6 vocational-preparatory instruction or adult basic education
7 for a structured program of basic skills instruction. Such
8 instruction may include English for speakers of other
9 languages. A student may not receive a certificate of
10 vocational program completion prior to demonstrating the basic
11 skills required in the state curriculum frameworks for the
12 vocational program.
13 Section 24. Paragraphs (b) and (d) of subsection (2)
14 of section 239.229, Florida Statutes, are amended to read:
15 239.229 Vocational standards.--
16 (2)
17 (b) School board, superintendent, and area technical
18 center, and community college board of trustees and president,
19 accountability for certificate career education programs
20 includes, but is not limited to:
21 1. Student demonstration of the academic skills
22 necessary to enter an occupation.
23 2. Student preparation to enter an occupation in an
24 entry-level position or continue postsecondary study.
25 3. Vocational program articulation with other
26 corresponding postsecondary programs and job training
27 experiences.
28 4. Employer satisfaction with the performance of
29 vocational program completers.
30 5. Student completion and placement rates as defined
31 in s. 239.233.
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1 (d) Department of Education accountability for career
2 education includes, but is not limited to:
3 1. The provision of timely, accurate technical
4 assistance to school districts and community colleges.
5 2. The provision of timely, accurate information to
6 the State Board for Career Education, the Legislature, and the
7 public.
8 3. The development of policies, rules, and procedures
9 that facilitate institutional attainment of the accountability
10 standards and coordinate the efforts of all divisions within
11 the department.
12 4. The development of program standards and
13 industry-driven benchmarks for vocational, adult, and
14 community education programs.
15 5.4. Overseeing school district and community college
16 compliance with the provisions of this chapter.
17 Section 25. Section 239.305, Florida Statutes, is
18 amended to read:
19 239.305 Adult literacy.--
20 (1)(a) An adult, individualized literacy instruction
21 program is created for adults who do not possess basic
22 literacy skills below the ninth grade level. The purpose of
23 the program is to provide self-paced, competency-based,
24 individualized tutorial instruction. The commissioner shall
25 administer this section in coordination with the State Board
26 of Community Colleges, local school boards, and the Division
27 of Library and Information Services of the Department of State
28 pursuant to State Board of Education rule.
29 (b) Local adult, individualized literacy instruction
30 programs may be coordinated with local public library systems
31 and with public or private nonprofit agencies, organizations,
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1 or institutions. A local public library system and a public
2 or private nonprofit agency, organization, or institution may
3 use funds appropriated for the purposes of this section to
4 hire program coordinators. Such coordinators shall offer
5 training activities to volunteer tutors and oversee the
6 operation of local literacy programs. A local public library
7 system and a public or private nonprofit agency, organization,
8 or institution may also purchase student instructional
9 materials and modules that instruct tutors in the teaching of
10 basic and functional literacy and English for speakers of
11 other languages. To the extent funds are appropriated,
12 cooperating local library systems shall purchase, and make
13 available for loan, reading materials of high interest and
14 with a vocabulary appropriate for use by students who possess
15 literacy skills below the ninth grade level in basic and
16 functional literacy instruction and students of English for
17 speakers of other languages.
18 (2)(a) The adult literacy program is intended to
19 increase reduce adult literacy illiteracy as prescribed in the
20 agency functional plan of the Department of Education. The
21 commissioner shall establish guidelines for the purpose of
22 determining achievement of this goal.
23 (b) Each participating local sponsor shall submit an
24 annual report to the commissioner which must contain, but need
25 not be limited to, the following information to demonstrate
26 the extent to which there has been:
27 1. The number of clients served.
28 2. The progress toward increasing the percentage of
29 adults within the service area who possess literacy skills.
30 As evidence of such progress, the report must include
31 information regarding the number of students enrolled in adult
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1 basic education programs and the number of students who
2 completed, separated from, or continued in the programs.
3 (c) Based on the information provided from the local
4 reports, the commissioner shall develop an annual status
5 report on literacy and adult education. The commissioner shall
6 review the annual reports of local sponsors and submit to the
7 State Board of Education a county-by-county summary of the
8 information.
9 (3) Funds appropriated for the purposes of this
10 section shall be allocated as grants for implementing adult
11 literacy programs. Such funds may not be used to supplant
12 funds used for activities that would otherwise be conducted in
13 the absence of literacy funding. A grant awarded pursuant to
14 this section may not exceed $50,000. Priority for the use of
15 such funds shall be given to paying expenses related to the
16 instruction of volunteer tutors, including materials and the
17 salary of the program coordinator. Local sponsors may also
18 accept funds from private sources for the purposes of this
19 section.
20 (4)(a) The commissioner shall submit a state adult
21 literacy plan to the State Board of Education to serve as a
22 reference for school boards and community colleges to increase
23 reduce adult literacy illiteracy in their service areas as
24 prescribed in the agency functional plan of the Department of
25 Education. The plan must include, at a minimum:
26 1. Policies and objectives for adult literacy
27 programs, including evaluative criteria.
28 2. Strategies for coordinating adult literacy
29 activities with programs and services provided by other state
30 and local nonprofit agencies, as well as strategies for
31 maximizing other funding, resources, and expertise.
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1 3. Procedures for identifying, recruiting, and
2 retaining adults who possess lack basic and functional
3 literacy skills below the ninth grade level.
4 4. Sources of relevant demographic information and
5 methods of projecting the number of adults who do not possess
6 basic or functional literacy skills below the ninth grade
7 level.
8 5. Acceptable methods of demonstrating compliance with
9 the provisions of this section.
10 6. Guidelines for the development and implementation
11 of local adult literacy plans. At a minimum, such guidelines
12 must address:
13 a. The recruitment and preparation of volunteer
14 tutors.
15 b. Interagency and intraagency cooperation and
16 coordination, especially with public libraries and other
17 sponsors of literacy programs.
18 c. Desirable learning environments, including class
19 size.
20 d. Program evaluation standards.
21 e. Methods for identifying, recruiting, and retaining
22 adults in literacy programs.
23 f. Prevention of Adult literacy illiteracy through
24 family literacy and workforce literacy parenting education
25 programs.
26 (b) Every 3 years, the school board or community
27 college board of trustees shall develop and maintain submit a
28 local adult literacy plan to the commissioner for review and
29 subsequent approval or disapproval. The commissioner shall
30 notify the superintendent of schools or the president of the
31 community college, as applicable, of the approval or
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1 disapproval of the plan. If the plan is not brought into
2 compliance by the school district or community college within
3 60 days after receiving notice of disapproval by the
4 commissioner, the school district or community college may not
5 receive any funds from appropriations for the purposes of this
6 section for the subsequent fiscal year.
7 Section 26. Subsection (3) of section 240.319, Florida
8 Statutes, is amended to read:
9 240.319 Community college district boards of trustees;
10 duties and powers.--
11 (3) Each community college district board of trustees
12 is specifically authorized to adopt rules, procedures, and
13 policies consistent with law and rules of the State Board of
14 Education and the State Board of Community Colleges and
15 related to mission and responsibilities as set forth in s.
16 240.301, governance, personnel, budget and finance,
17 administration, programs, curriculum and instruction,
18 buildings and grounds, travel and purchasing, technology,
19 students, college property, and contracts and grants. This
20 shall constitute specific authority for such rules,
21 procedures, and policies in accordance with and to the extent
22 required by s. 120.536. Such rules, procedures, and policies
23 for the boards of trustees include, but are not limited to,
24 the following:
25 (a) Each board of trustees shall appoint, suspend, or
26 remove the president of the community college. The board of
27 trustees may appoint a search committee. Periodic evaluations
28 of the president shall be conducted in accordance with rules
29 of the State Board of Community Colleges; and such evaluations
30 shall be submitted to the State Board of Community Colleges
31 for review.
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1 (b) Each board of trustees has responsibility for the
2 establishment and discontinuance of program and course
3 offerings; provision for instructional and noninstructional
4 community services, location of classes, and services
5 provided; and dissemination of information concerning such
6 programs and services.
7 (c) Each board of trustees constitutes the contracting
8 agent of the community college. It may when acting as a body
9 make contracts, sue, and be sued in the name of the board of
10 trustees. In any suit, a change in personnel of the board
11 shall not abate the suit, which shall proceed as if such
12 change had not taken place.
13 (d) Whenever the Department of Education finds it
14 necessary for the welfare and convenience of any community
15 college to acquire private property for the use of the
16 community college and the property cannot be acquired by
17 agreement satisfactory to the district board of trustees of
18 such community college and the parties interested in, or the
19 owners of, the private property, the district board of
20 trustees may exercise the right of eminent domain after
21 receiving approval therefor from the State Board of Education
22 and may then proceed to condemn the property in the manner
23 provided by chapters 73 and 74.
24 (e) Each board of trustees may enter into
25 lease-purchase arrangements with private individuals or
26 corporations for necessary grounds and buildings for community
27 college purposes, other than dormitories, or for buildings
28 other than dormitories to be erected for community college
29 purposes. Such arrangements shall be paid from capital outlay
30 and debt service funds as provided by s. 240.359(2), with
31 terms not to exceed 30 years at a stipulated rate. The
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1 provisions of such contracts, including building plans, are
2 subject to approval by the Department of Education, and no
3 such contract may be entered into without such approval. The
4 State Board of Education is authorized to promulgate such
5 rules as it deems necessary to implement the provisions of
6 this paragraph.
7 (f) Each board of trustees may purchase, acquire,
8 receive, hold, own, manage, lease, sell, dispose of, and
9 convey title to real property, in the best interests of the
10 college, pursuant to rules adopted by the State Board of
11 Education.
12 (g) Each board of trustees is authorized to enter into
13 agreements for, and accept, credit card payments as
14 compensation for goods, services, tuition, and fees. Each
15 community college is further authorized to establish accounts
16 in credit card banks for the deposit of credit card sales
17 invoices.
18 (h) Each board of trustees may adopt, by rule, a
19 uniform code of appropriate penalties for violations of rules
20 by students and employees. Such penalties, unless otherwise
21 provided by law, may include fines, the withholding of
22 diplomas or transcripts pending compliance with rules or
23 payment of fines, and the imposition of probation, suspension,
24 or dismissal.
25 (i) Each board of trustees may consider the past
26 actions of any person applying for admission or employment and
27 may provide, by board rule or procedure, for denying
28 admission, enrollment, or employment to a person if past
29 actions have been found to disrupt or interfere with the
30 orderly conduct, processes, functions, or programs of any
31 other university, college, or community college.
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1 (j) Each board of trustees is authorized to develop
2 and produce work products which relate to educational
3 endeavors which are subject to trademark, copyright, or patent
4 statutes. To this end, the board shall consider the relative
5 contribution by the personnel employed in the development of
6 such work products and shall enter into binding agreements
7 with such personnel, organizations, corporations, or
8 government entities, which agreements shall establish the
9 percentage of ownership of such trademarks, copyrights, or
10 patents. Any other law to the contrary notwithstanding, the
11 board is authorized in its own name to:
12 1. Perform all things necessary to secure letters of
13 patent, copyrights, and trademarks on any such work products
14 and to enforce its rights therein.
15 2. License, lease, assign, or otherwise give written
16 consent to any person, firm, or corporation for the
17 manufacture or use thereof on a royalty basis or for such
18 other consideration as the board deems proper.
19 3. Take any action necessary, including legal action,
20 to protect the same against improper or unlawful use of
21 infringement.
22 4. Enforce the collection of any sums due the board
23 for the manufacture or use thereof by any other party.
24 5. Sell any of the same and execute all instruments
25 necessary to consummate any such sale.
26 6. Do all other acts necessary and proper for the
27 execution of powers and duties provided by this paragraph.
28 (k) Each board of trustees shall provide rules
29 governing parking and the direction and flow of traffic within
30 campus boundaries and may hire appropriate personnel to
31 enforce campus parking rules. Such persons have no authority
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1 to arrest or issue citations for moving traffic violations.
2 The board of trustees may adopt, by rule, a uniform code of
3 appropriate penalties for violations. Such penalties, unless
4 otherwise provided by law, may include the levying of fines,
5 the withholding of diplomas or transcripts pending compliance
6 with rules or payment of fines, and the imposition of
7 probation, suspension, or dismissal. Moneys collected from
8 parking rule infractions shall be deposited in appropriate
9 funds at each community college for student financial aid
10 purposes.
11 (l)1. Each board of trustees shall provide for the
12 appointment, employment, and removal of personnel. The board
13 shall determine the compensation, including salaries and
14 fringe benefits, and other conditions of employment for such
15 personnel, including the president.
16 2. The board is authorized to enter into a contract
17 with the president in accordance with the provisions of this
18 chapter. Any such contract may fix the duration of employment
19 and the compensation therefor and may contain any other terms
20 and conditions the board deems appropriate. In addition, the
21 board may furnish the president with the use of a motor
22 vehicle or an allowance in lieu thereof. If any such vehicle
23 is furnished, the board shall determine and fix the maximum
24 noncollege use of the same. Each board of trustees shall, no
25 later than July 1, 1984, adopt, by rule, procedures governing
26 the employment and dismissal of the community college
27 president. Such rule shall be incorporated into the contract
28 for employment.
29 (m) Each board of trustees may provide for recognition
30 of employees who have contributed outstanding and meritorious
31 service in their fields and may adopt and implement a program
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1 of meritorious service awards to employees who propose
2 procedures or ideas which are adopted and which will result in
3 eliminating or reducing community college expenditures or
4 improving community college operations. The community college
5 is authorized to expend funds for such recognition and awards.
6 No award granted under the provisions of this paragraph may
7 exceed $2,000 or 10 percent of the first year's gross savings,
8 whichever is greater.
9 (n) Each board of trustees may adopt rules to provide
10 for loans, scholarships, and other student services.
11 (o) Each board of trustees is authorized to establish
12 a policy for law enforcement operations. Each board of
13 trustees is authorized to employ personnel to carry out the
14 duties imposed by this paragraph.
15 (p) Each board of trustees is authorized to contract
16 for the purchase, lease, or acquisition in any manner
17 (including purchase by installment or lease-purchase contract
18 which may provide for the payment of interest on the unpaid
19 portion of the purchase price and for the granting of a
20 security interest in the items purchased) of equipment
21 required by the college. The board of trustees may choose to
22 have such equipment contracts consolidated under master
23 equipment financing agreements made pursuant to s. 287.064.
24 (q) Each board of trustees is authorized to establish
25 and maintain a personnel exchange program, by which persons
26 employed within the community college as vocational
27 instructors and comparable administrative and professional
28 staff may be exchanged with persons employed in like
29 capacities by institutions of higher learning which are not
30 under the jurisdiction of the community college, by units of
31 government either within or without this state, or by private
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1 industry. The salary and benefits of community college and
2 state personnel participating in the exchange program shall be
3 continued during the period of time they participate in the
4 exchange program, and such personnel shall be deemed to have
5 no break in creditable or continuous state service or
6 employment during the period of time in which they participate
7 in the exchange program. The salary and benefits of persons
8 participating in the personnel exchange program who are
9 employed by institutions, units of government, or private
10 industry shall be paid by the originating employers of those
11 participants. The duties and responsibilities of a person
12 participating in the exchange program shall be the same as
13 those of the person he or she replaces.
14 (r) Each board of trustees is authorized to enter into
15 contracts to provide a State Community College System Optional
16 Retirement Program pursuant to s. 240.3195 and to enter into
17 consortia with other boards of trustees for this purpose.
18 (s) Each board of trustees has responsibility for:
19 ensuring that students have access to general education
20 courses as identified in rule; requiring no more than 60
21 semester hours of degree program coursework, including 36
22 semester hours of general education coursework, for an
23 associate in arts degree; notifying students that earned hours
24 in excess of 60 semester hours may not be accepted by state
25 universities; notifying students of unique program
26 prerequisites identified pursuant to s. 240.209(5)(f); and
27 ensuring that degree program coursework beyond general
28 education coursework is consistent with degree program
29 prerequisite requirements adopted pursuant to s.
30 229.551(1)(f)5.
31
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1 Section 27. Subsection (5) of section 240.3575,
2 subsection (1) of section 240.3815, and subsection (5) of
3 section 240.382, Florida Statutes, are repealed.
4 Section 28. Subsection (2) of section 229.595, Florida
5 Statutes, is amended to read:
6 229.595 Implementation of state system of education
7 accountability for school-to-work transition.--
8 (2) School accountability efforts shall include
9 information regarding the provision of accurate, timely career
10 and curricular counseling to students. Such accountability
11 shall include a delineation of the information available to
12 students regarding career opportunities, educational
13 requirements associated with each career, educational
14 institutions that prepare students to enter each career, and
15 student financial aid available to enable students to pursue
16 any postsecondary instruction required to enter that career.
17 Such accountability shall also delineate school procedures for
18 identifying individual student interests and aptitudes which
19 enable students to make informed decisions about the
20 curriculum that best addresses their individual interests and
21 aptitudes while preparing them to enroll in postsecondary
22 education and enter the workforce. Information shall include
23 recommended high school coursework that prepares students for
24 success in college-level work. Such information shall be made
25 known to parents and students annually through inclusion in
26 the institution's handbook, manual, or other similar documents
27 regularly provided to parents and students. Schools are
28 encouraged to implement innovative methods for the
29 communication of information to parents and students. School
30 districts are encouraged to work with their local community
31
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1 colleges to ensure information regarding all state and federal
2 aid programs is provided on an accurate and timely basis.
3 Section 29. Paragraph (b) of subsection (2) of section
4 229.601, Florida Statutes, is amended to read:
5 229.601 Career education program.--
6 (2) There is hereby established a career education
7 program in the state educational system. The Commissioner of
8 Education and his or her designated staff shall administer
9 this program. In developing and administering the career
10 education program, the purpose of which is to promote positive
11 career opportunities for all students regardless of their
12 race, color, creed, national origin, ancestry, socioeconomic
13 status, or gender, the commissioner shall:
14 (b) Assemble, develop, and distribute instructional
15 materials for use in career education. Such materials shall
16 include information regarding recommended high school
17 coursework that prepares students for success in college-level
18 coursework.
19 Section 30. Section 232.2466, Florida Statutes, is
20 created to read:
21 232.2466 College-ready diploma program.--
22 (1) Beginning with the 1997-1998 school year, each
23 school district shall award a differentiated college-ready
24 diploma to each student who:
25 (a) Successfully completes the requirements for a
26 standard high school diploma as prescribed by s. 232.246.
27 Among courses taken to fulfill the 24-academic-credit
28 requirement, a student must take:
29 1. Two credits in algebra and one credit in geometry,
30 or their equivalents, as determined by the state board.
31
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1 2. One credit in biology, one credit in chemistry, and
2 one credit in physics, or their equivalents, or equivalent
3 credits in applied technology, as determined by the state
4 board.
5 3. Two credits in the same foreign language, taken for
6 elective credit. A student whose native language is not
7 English is exempt from this requirement if the student
8 demonstrates proficiency in the native language. American sign
9 language constitutes a foreign language.
10 (b) Takes the postsecondary education common placement
11 test prescribed in s. 240.117, or an equivalent test
12 identified by the State Board of Education, before graduation
13 and scores at or above the established statewide passing score
14 in each test area.
15 (2) A college-ready diploma entitles a student to
16 admission without placement testing to a public postsecondary
17 education program that terminates in a technical certificate,
18 an associate in science degree, or an associate in arts
19 degree, if the student enters postsecondary education within 2
20 years after earning the college-ready diploma.
21 (3) The Department of Education shall convene a task
22 force of educators and employers to recommend additional
23 incentives for students to pursue a college-ready diploma.
24 The incentives may include awards and recognition, preference
25 for positions in firms, and early registration privileges in
26 postsecondary education institutions.
27 Section 31. Paragraph (b) of subsection (5) of section
28 239.117, Florida Statutes, 1996 Supplement, is amended to
29 read:
30 239.117 Postsecondary student fees.--
31 (5)
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1 (b) Students enrolled in college-preparatory
2 instruction shall pay fees equal to the fees charged for
3 college credit courses. Students enrolled in the same
4 college-preparatory class within a skill area more than one
5 time two times shall pay fees at 100 percent of the full cost
6 of instruction and shall not be included in calculations of
7 full-time equivalent enrollments for state funding purposes
8 direct instructional cost; however, each community college
9 shall have the authority to review and reduce such payment on
10 an individual basis, contingent upon a student's financial
11 hardship, pursuant to definitions and fee levels established
12 by the State Board of Community Colleges. Fee-nonexempt
13 students enrolled in vocational preparatory instruction shall
14 be charged fees equal to the fees charged for certificate
15 career education instruction. Each community college that
16 conducts college-preparatory and vocational-preparatory
17 instruction in the same class section may charge a single fee
18 for both types of instruction.
19 Section 32. Subsection (4) and paragraph (d) of
20 subsection (5) of section 239.301, Florida Statutes, 1996
21 Supplement, are amended to read:
22 239.301 Adult general education.--
23 (4) Both community colleges and school districts may
24 conduct adult basic and secondary and vocational-preparatory
25 courses within the same service area. Any state university in
26 which the percentage of incoming students who require
27 college-preparatory instruction equals or exceeds 25 percent
28 may conduct college-preparatory instruction. Area technical
29 centers and community colleges may contract with each other
30 for the provision of vocational-preparatory instruction.
31 (5)
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1 (d) Expenditures for college-preparatory and lifelong
2 learning students shall be reported separately. Allocations
3 for college-preparatory courses shall be based on proportional
4 full-time equivalent enrollment. Program review results shall
5 be included in the determination of subsequent allocations. A
6 student shall be funded to enroll in the same
7 college-preparatory class within a skill area only once twice,
8 after which time the student shall pay 100 percent of the full
9 cost of instruction no state funds shall be used to support
10 the continuous enrollment of that student in the same class;
11 however, each community college shall have the authority to
12 review and reduce fees paid by students on an individual basis
13 contingent upon the student's financial hardship, pursuant to
14 definitions and fee levels established by the State Board of
15 Community Colleges. College-preparatory and lifelong learning
16 courses do not generate credit toward an associate or
17 baccalaureate degree.
18 Section 33. Subsections (1) and (2) of section
19 240.1161, Florida Statutes, are amended to read:
20 240.1161 District interinstitutional articulation
21 agreements.--
22 (1) Each superintendent of schools and community
23 college president shall be responsible for the development and
24 implementation of a comprehensive articulated acceleration
25 program for the students enrolled in their respective school
26 districts and service areas. Within this general
27 responsibility, the superintendent and president shall develop
28 a comprehensive interinstitutional articulation agreement for
29 the school district and community college that serves the
30 school district. The superintendent and president shall are
31 encouraged to establish an articulation committee for the
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1 purpose of developing this agreement. Each state university
2 president is encouraged to designate a university
3 representative to participate in the development of the
4 interinstitutional articulation agreements for each school
5 district within the university service area.
6 (2) The district interinstitutional articulation
7 agreement for any school year shall be completed by April 1
8 and prior to high school registration for the fall term of the
9 following school year. The initial agreement drafted pursuant
10 to this section shall be completed no later than April 1,
11 1988. The initial agreement and each subsequent agreement
12 shall include, but not be limited to, the following
13 components:
14 (a) A ratification or modification of all existing
15 articulation agreements.
16 (b)1. A delineation of courses and programs composed
17 of dual enrollment students.
18 2.(c) An identification of eligibility criteria for
19 student participation in dual enrollment courses and programs.
20 3.(d) A delineation of institutional responsibilities
21 regarding student screening prior to enrollment and monitoring
22 student performance subsequent to enrollment in dual
23 enrollment courses and programs.
24 4.(e) An identification of the criteria by which the
25 quality of dual enrollment courses and programs are to be
26 judged and a delineation of institutional responsibilities for
27 the maintenance of instructional quality.
28 5.(f) A delineation of institutional responsibilities
29 for assuming the cost of dual enrollment courses and programs
30 that includes such responsibilities for student instructional
31 materials.
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1 6.(g) An identification of responsibility for
2 providing student transportation if the dual enrollment
3 instruction is conducted at a facility other than the high
4 school campus.
5 (c) Mechanisms and strategies for reducing the
6 incidence of postsecondary remediation in math, reading, and
7 writing for first-time-enrolled recent high school graduates,
8 based upon the findings in the postsecondary readiness for
9 college report produced pursuant to s. 240.118. Each
10 articulation committee shall annually analyze and assess the
11 effectiveness of the mechanisms toward meeting the goal of
12 reducing postsecondary remediation needs. Results of the
13 assessment shall be annually presented to participating
14 district school boards and community college boards of
15 trustees and shall include, but not be limited to:
16 1. Mechanisms currently being initiated.
17 2. An analysis of problems and corrective actions.
18 3. Anticipated outcomes.
19 4. Strategies for the better preparation of students
20 upon graduation from high school.
21 5. An analysis of costs associated with the
22 implementation of postsecondary remedial education and
23 secondary-level corrective actions.
24 6. The identification of strategies for reducing costs
25 of the delivery of postsecondary remediation for recent high
26 school graduates, including the consideration and assessment
27 of alternative instructional methods and services such as
28 those produced by private providers.
29
30 Wherever possible, public schools and community colleges are
31 encouraged to share resources, form partnerships with private
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1 industries, and implement innovative strategies and mechanisms
2 such as distance learning, summer student and faculty
3 workshops, parental involvement activities, and the
4 distribution of information over the Internet.
5 (d) Mechanisms and strategies for promoting "tech
6 prep" programs of study. Such mechanisms should raise
7 awareness about the programs, promote enrollment in the
8 programs, and articulate students from a secondary portion
9 into a planned, related postsecondary portion of a sequential
10 program of study that leads to a terminal postsecondary
11 vocational or technical education degree or certificate.
12 Section 34. Subsections (3) and (4) of section
13 240.117, Florida Statutes, are amended to read:
14 240.117 Common placement testing for public
15 postsecondary education.--
16 (3) By January 15, 1996, The Articulation Coordinating
17 Committee shall recommend and the State Board of Education
18 shall adopt rules which would require high schools to give
19 offer students the opportunity to take the common placement
20 test prescribed in this section, or an equivalent test
21 identified by the State Board of Education, at the beginning
22 of the tenth grade year before enrollment in the eleventh
23 grade year in public high school for the purpose of obtaining
24 remedial instruction prior to entering public postsecondary
25 education.
26 (4)(a) Community college or state university students
27 who have been identified as requiring additional preparation
28 pursuant to subsection (1) shall enroll in college-preparatory
29 adult education pursuant to s. 239.301 in community colleges
30 to develop needed college-entry skills. These students shall
31 be permitted to take courses within their degree program
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1 concurrently in other curriculum areas for which they are
2 qualified while enrolled in college-preparatory instruction
3 courses. A student enrolled in a college-preparatory course
4 may concurrently enroll only in college credit courses that do
5 not require the skills addressed in the college-preparatory
6 course. The State Board of Community Colleges shall specify
7 the college credit courses that are acceptable for students
8 enrolled in each college-preparatory skill area, pursuant to
9 s. 240.311(3)(q). A student who wishes to earn an associate
10 in arts or a baccalaureate degree, but who is required to
11 complete a college-preparatory course, must successfully
12 complete the required college-preparatory studies by the time
13 the student has accumulated 12 hours of lower-division college
14 credit degree coursework; however, a student may continue
15 enrollment in degree-earning coursework provided the student
16 maintains enrollment in college-preparatory coursework for
17 each subsequent semester until college-preparatory coursework
18 requirements are completed, and the student demonstrates
19 satisfactory performance in degree-earning coursework. A
20 passing score on a standardized institutionally developed all
21 subtests of the common placement test must be achieved before
22 a student is considered to have met basic computation and
23 communication skills requirements; however, no student shall
24 be required to retake any test or subtest which was previously
25 passed by said student. A student shall be funded to enroll
26 in the same college-preparatory class within a skill area only
27 once twice, after which time the student shall pay 100 percent
28 of the full cost of instruction no state funds shall be used
29 to support continuous enrollment of that student in the same
30 class and such student shall not be included in calculations
31 of full-time equivalent enrollments for state funding
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1 purposes; however, each community college shall have the
2 authority to review and reduce fees paid by students on an
3 individual basis contingent upon the student's financial
4 hardship, pursuant to definitions and fee levels established
5 by the State Board of Community Colleges. Credit awarded for
6 college-preparatory instruction may not be counted towards
7 fulfilling the number of credits required for a degree.
8 (b) The administrators of a state university may
9 contract with a community college board of trustees for the
10 community college to provide such instruction on the state
11 university campus. Any state university in which the
12 percentage of incoming students requiring college-preparatory
13 instruction equals or exceeds the average percentage of such
14 students for the community college system may offer
15 college-preparatory instruction without contracting with a
16 community college; however, any state university offering
17 college-preparatory instruction as of January 1, 1996, may
18 continue to provide such services.
19 Section 35. Section 240.124, Florida Statutes, is
20 created to read:
21 240.124 Funding for continuous enrollment in college
22 credit courses.--A student enrolled in the same undergraduate
23 college credit course more than two times shall pay
24 matriculation at 100 percent of the full cost of instruction
25 and shall not be included in calculations of full-time
26 equivalent enrollments for state funding purposes. For
27 purposes of this section, calculations of the full cost of
28 instruction shall be based on the systemwide average of the
29 prior year's cost of undergraduate programs for the Community
30 College System and the State University System. The Board of
31 Regents and the State Board of Community Colleges may make
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1 exceptions to this section for individualized study, elective
2 coursework, courses that are repeated as a requirement of a
3 major, and courses that are intended as continuing over
4 multiple semesters, excluding the repeat of coursework more
5 than two times to increase grade point average or meet minimum
6 course grade requirements.
7 Section 36. Section 240.321, Florida Statutes, is
8 amended to read:
9 240.321 Community college district board of trustees;
10 rules for admissions of students.--
11 (1) The board of trustees shall make rules governing
12 admissions of students. These rules shall include the
13 following:
14 (1)(a) Admissions counseling shall be provided to all
15 students entering college credit programs, which counseling
16 shall utilize tests to measure achievement of college-level
17 communication and computation competencies by all students
18 entering college credit programs.
19 (2)(b) Admission to the associate in arts degree
20 programs program is subject to minimum standards adopted by
21 the State Board of Education and shall require:
22 (a)1. A high school diploma, a high school equivalency
23 diploma as prescribed in s. 229.814, previously demonstrated
24 competency in college-credit postsecondary coursework, or, in
25 the case of a student who is home educated, a signed affidavit
26 submitted by the student's parent or legal guardian attesting
27 that the student has completed a home education program
28 pursuant to the requirements of s. 232.02(4) or its
29 equivalent. Students who are enrolled in a dual enrollment or
30 early admission program pursuant to s. 240.116 and secondary
31 students enrolled in college-level instruction creditable
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1 toward the associate degree, but not toward the high school
2 diploma, shall be exempt from this requirement.
3 (b)2. A demonstrated level of achievement of
4 college-level communication and computation skills. Students
5 entering a postsecondary education program within 2 years of
6 graduation from high school with an earned college-ready
7 diploma issued pursuant to s. 232.2466 shall be exempt from
8 this testing requirement.
9 (c)3. Any other requirements established by the board
10 of trustees.
11 (3)(c) Admission to other programs within the
12 community college shall include education requirements as
13 established by the board of trustees.
14
15 Each board of trustees shall establish policies that ensure
16 the rapid progression of students though college-preparatory
17 instructional courses that are appropriate for the skill level
18 of each student. Institutional policies shall also provide
19 for the timely notification of students about available
20 alternatives to traditional college-preparatory instruction,
21 including private provider instruction. Such notification
22 shall include an analysis of cost comparisons, including
23 consideration of the state's contribution to the total cost of
24 the instruction.
25 (d) Nonresident students may be admitted to the
26 community college upon such terms as the board may establish.
27 (2) For students who are awarded a high school diploma
28 after August 1, 1987:
29 (a) No Florida high school graduate shall be admitted
30 to the associate in arts degree program if he or she has not
31 successfully completed the requirements set forth in s.
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1 232.246 or unless he or she has been awarded a general
2 education development diploma, provided the examination
3 completed for such diploma was in the English language.
4 (b) Nonresident students may be admitted to the
5 community college upon such terms as the college may
6 establish. However, effective August 1, 1987, such terms for
7 nonresidents admitted to the associate in arts degree program
8 shall include, but shall not be limited to:
9 1. Completion of a secondary school curriculum which
10 includes 4 years of English and 3 years each of mathematics,
11 science, and social studies; however, in lieu of the English
12 requirement, a foreign student may use 4 years of instruction
13 in his or her native language or another language which was
14 the language of instruction in the secondary school attended,
15 or
16 2. Achievement of the minimum scores on the test
17 required in s. 240.117(1).
18 Section 37. Paragraph (f) of subsection (2) of section
19 239.117, Florida Statutes, 1996 Supplement, is amended to
20 read:
21 239.117 Postsecondary student fees.--
22 (2) The following students are exempt from any
23 requirement for the payment of registration, matriculation,
24 and laboratory fees for instruction:
25 (f) A student enrolled in an employment and training
26 program under the WAGES Program. Such a student may receive a
27 fee exemption only if the student applies for and does not
28 receive student financial aid, including Job Training
29 Partnership Act or Family Support Act funds. Schools and
30 community colleges shall help such students apply for
31 financial aid, but may not deny such students program
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1 participation during the financial aid application process.
2 Such a student may not be required to incur debt within the
3 financial aid package. If local WAGES boards, established
4 pursuant to s. 414.028, choose to contract with a public
5 postsecondary institution for education and training services,
6 payment for the cost of such fee exemptions must be made by
7 the local WAGES boards. Fee-exempt instruction provided at
8 community colleges pursuant to this subsection generates an
9 additional one-fourth of a full-time equivalent enrollment.
10 Section 38. Subsections (9) through (13) of section
11 239.249, Florida Statutes, 1996 Supplement, are renumbered as
12 subsections (10) through (14), respectively, and a new
13 subsection (9) is added to said section to read:
14 239.249 Market-driven, performance-based incentive
15 funding for vocational and technical education programs.--
16 (9) The Jobs and Education Partnership Board shall
17 develop an appeal process, to be implemented by the regional
18 workforce development boards, that may allow an exemption of
19 certain school districts and community colleges from
20 participation in the performance-based incentive funding
21 provisions of this section. School districts and community
22 colleges shall be eligible to use the appeal process if they
23 meet one or both of the following criteria:
24 (a) Generate less than 50 unweighted FTE in
25 certificate career education and in career degree education.
26 (b) Provide a written report documenting the direct
27 costs incurred due to the implementation of performance-based
28 incentive funding and how mandatory participation in the
29 program will adversely affect the school district or community
30 college.
31
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1 Section 39. Paragraph (e) is added to subsection (5)
2 of section 239.301, Florida Statutes, 1996 Supplement, to
3 read:
4 239.301 Adult general education.--
5 (5)
6 (e) School districts and community colleges may
7 negotiate through the jobs and education regional boards for
8 specialized services for WAGES clients, beyond what is
9 routinely provided for the general public, to be funded by the
10 local WAGES coalition pursuant to s. 414.065(10). Under any
11 contract with the local WAGES coalition, attendance may be
12 required of clients.
13 Section 40. Subsection (3) of section 240.35, Florida
14 Statutes, 1996 Supplement, is amended to read:
15 240.35 Student fees.--Unless otherwise provided, the
16 provisions of this section apply only to fees charged for
17 college credit instruction.
18 (3) Students enrolled in dual enrollment and early
19 admission programs pursuant to s. 240.116 and students
20 enrolled in employment and training programs under the WAGES
21 Program are exempt from the payment of registration,
22 matriculation, and laboratory fees; however, such students may
23 not be included within calculations of fee-waived enrollments.
24 Students enrolled in programs under the WAGES Program shall be
25 granted a fee exemption only if they have applied for student
26 financial aid including Job Training Partnership Act or Family
27 Support Act funds and did not receive financial assistance.
28 Colleges shall assist these students in applying for financial
29 aid, and these students may not be denied participation in
30 programs during the application process for financial aid.
31 These students may not be required to obtain loans as a part
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1 of their financial aid package. If local WAGES boards,
2 established pursuant to s. 414.028, choose to contract with a
3 public postsecondary institution for education and training
4 services, payment for the cost of such fee exemptions must be
5 made by the local WAGES boards. Other fee-exempt instruction
6 provided pursuant to this subsection shall generate an
7 additional one-fourth full-time equivalent enrollment.
8 Section 41. Paragraph (g) of subsection (1) of section
9 414.027, Florida Statutes, 1996 Supplement, is amended to
10 read:
11 414.027 WAGES Program statewide implementation plan.--
12 (1) By December 31, 1996, the WAGES Program State
13 Board of Directors shall submit to the Governor, the President
14 of the Senate, and the Speaker of the House of Representatives
15 a statewide plan for implementing the WAGES Program
16 established under this chapter. At a minimum, the statewide
17 implementation plan must include:
18 (g) The development of a performance-based payment
19 structure to be used for all WAGES Program services, which
20 takes into account the following:
21 1. The degree of difficulty associated with placing a
22 WAGES Program participant in a job;
23 2. The quality of the placement with regard to salary,
24 benefits, and opportunities for advancement; and
25 3. The employee's retention of the placement.
26
27 The payment structure shall provide not more than 40 percent
28 of the cost of services provided to a WAGES participant prior
29 to placement, 50 percent upon employment placement, and 10
30 percent if employment is retained for at least 6 months. The
31 payment structure should provide bonus payments to providers
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1 that experience notable success in achieving long-term job
2 retention with WAGES Program participants. The board shall
3 consult with Enterprise Florida Jobs and Education Partnership
4 in developing the WAGES Program statewide implementation plan.
5 For job training services, an alternative payment structure
6 shall provide for the distribution of not more than 40 percent
7 of the cost of services upon admission and not more than an
8 additional 30 percent for retention and progress toward
9 completion, with the remaining percent divided between
10 placement and employment retention for at least 6 months, with
11 the majority based on placement.
12 Section 42. Subsections (1) and (2), and paragraph (b)
13 of subsection (10) of section 414.065, Florida Statutes, 1996
14 Supplement, are amended to read:
15 414.065 Work requirements.--
16 (1) WORK ACTIVITIES.--The following activities may be
17 used individually or in combination to satisfy the work
18 requirements for a participant in the WAGES Program:
19 (a) Unsubsidized employment.--Unsubsidized employment
20 is full-time employment or part-time employment that is not
21 directly supplemented by federal or state funds. Paid
22 apprenticeship and cooperative education activities are
23 included in this activity.
24 (b) Subsidized private sector employment.--Subsidized
25 private sector employment is employment in a private
26 for-profit enterprise or a private not-for-profit enterprise
27 which is directly supplemented by federal or state funds. A
28 subsidy may be provided in one or more of the forms listed in
29 this paragraph.
30 1. Work supplementation.--A work supplementation
31 subsidy diverts a participant's assistance under the program
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1 to the employer. The employer must pay the participant wages
2 that equal or exceed the applicable federal minimum wage. Work
3 supplementation may not exceed 6 months. At the end of the
4 supplementation period, the employer is expected to retain the
5 participant as a regular employee without receiving a subsidy
6 for at least 12 months. The work supplementation agreement
7 must provide that if the employee is dismissed at any time
8 within 12 months after termination of the supplementation
9 period due in any part to loss of the supplement, the employer
10 shall repay some or all of the supplement previously paid as a
11 subsidy to the employer under the WAGES Program.
12 2. On-the-job training.--On-the-job training is
13 full-time, paid employment in which the employer or
14 educational institution in cooperation with the employer
15 provides training needed for the participant to perform the
16 skills required for the position. The employer or educational
17 institution on behalf of the employer receives a subsidy to
18 offset the cost of the training provided to the participant.
19 Upon satisfactory completion of the training, the employer is
20 expected to retain the participant as a regular employee
21 without receiving a subsidy. The on-the-job training agreement
22 must provide that in the case of dismissal of a participant
23 due to loss of the subsidy, the employer shall repay some or
24 all of the subsidy previously provided by the department.
25 3. Incentive payments.--The department may provide
26 additional incentive payments to encourage employers to employ
27 program participants. Incentive payments may include payments
28 to encourage the employment of hard-to-place participants, in
29 which case the amount of the payment shall be weighted
30 proportionally to the extent to which the participant has
31 limitations associated with the long-term receipt of welfare
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1 and difficulty in sustaining employment. In establishing
2 incentive payments, the department shall consider the extent
3 of prior receipt of welfare, lack of employment experience,
4 lack of education, lack of job skills, and other appropriate
5 factors. A participant who has complied with program
6 requirements and who is approaching the time limit for
7 receiving temporary assistance may be defined as
8 "hard-to-place." Incentive payments may include payments in
9 which an initial payment is made to the employer upon the
10 employment of a participant, and the majority of the incentive
11 payment is made after the employer retains the participant as
12 a full-time employee for at least 12 months. The incentive
13 agreement must provide that if the employee is dismissed at
14 any time within 12 months after termination of the incentive
15 payment period due in any part to loss of the incentive, the
16 employer shall repay some or all of the payment previously
17 paid as an incentive to the employer under the WAGES Program.
18 4. Tax credits.--An employer who employs a program
19 participant may qualify for enterprise zone property tax
20 credits under s. 220.182, the tax refund program for qualified
21 target industry businesses under s. 288.106, or other federal
22 or state tax benefits. The department shall provide
23 information and assistance, as appropriate, to use such
24 credits to accomplish program goals.
25 (c) Subsidized public sector employment.--Subsidized
26 public sector employment is employment by an agency of the
27 federal, state, or local government which is directly
28 supplemented by federal or state funds. The applicable
29 subsidies provided under paragraph (b) may be used to
30 subsidize employment in the public sector, except that
31 priority for subsidized employment shall be employment in the
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1 private sector. Public sector employment is distinguished from
2 work experience in that the participant is paid wages and
3 receives the same benefits as a nonsubsidized employee who
4 performs similar work. Work-study activities administered by
5 educational institutions are included in this activity.
6 (d) Community service work experience.--Community
7 service work experience is job training experience at a
8 supervised public or private not-for-profit agency. A
9 participant shall receive temporary assistance in the form of
10 wages that are proportional to the amount of time worked. A
11 participant assigned to community service work experience
12 shall be deemed an employee of the state for purposes of
13 workers' compensation coverage and is subject to the
14 requirements of the drug-free workplace program. As used in
15 this paragraph, the terms "community service experience,"
16 "community work," and "workfare" are synonymous. Participants
17 involved in community service work may be assigned to this
18 activity to increase their work maturity and job
19 problem-solving and critical thinking skills, as well as
20 develop skills in balancing job and personal responsibilities.
21 Participants may be placed in community service for one or
22 more of the following reasons which include, but are not
23 limited to:
24 1. Assessing WAGES Program compliance prior to
25 referral to costly services such as vocational education.
26 2. Maintaining work activity status while awaiting
27 placement into paid employment or training.
28 3. Fulfilling clinical practicum or internship
29 requirements related to training.
30 4. Participating in work-based mentoring programs.
31
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1 (e) Work experience.--Work experience is a structured,
2 supervised, job training activity in a public or private
3 not-for-profit agency. Work experience is appropriate for
4 participants who are the least prepared for entry into the
5 workforce. This work activity involves intensive supervision
6 and training of the participant that leads to the development
7 of work maturity, employability, and basic job skills. This
8 activity requires 20 hours of work and an additional 10 hours
9 of education and training related to a vocational goal. The
10 WAGES Program shall pay for this activity through a
11 performance-based contract which shall include benchmarks,
12 goals, outcomes, and timeframes designed to move the
13 participant toward full-time paid employment. A participant
14 shall receive temporary assistance proportional to the time
15 worked. A participant assigned to work experience shall be
16 deemed an employee of the state for purposes of workers'
17 compensation coverage and is subject to the requirements of
18 the drug-free workplace program.
19 (f)(e) Job search and job readiness assistance.--Job
20 search assistance may include supervised or unsupervised
21 job-seeking activities. Job readiness assistance provides
22 support for job-seeking activities, which may include:
23 1. Orientation to the world of work and basic
24 job-seeking and job retention skills.
25 2. Instruction in completing an application for
26 employment and writing a resume.
27 3. Instruction in conducting oneself during a job
28 interview, including appropriate dress.
29 4. Instruction in retaining a job, success in the
30 workplace, and career planning.
31
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1 Job readiness assistance may also include providing a
2 participant with access to an employment resource center that
3 contains job listings, telephones, facsimile machines,
4 typewriters, and word processors. Job search and job readiness
5 activities may be used in conjunction with other program
6 activities, such as work experience, but may not be the
7 primary work activity, may not be used in conjunction with
8 other program activities such as work experience, and may not
9 continue longer than the length of time permitted under
10 federal law.
11 (g)(f) Vocational education or training.--Vocational
12 education or training is education or training designed to
13 provide participants with the skills and certification
14 necessary for employment in an occupational area. Vocational
15 education or training may be used as a primary program
16 activity for participants when it has been determined that the
17 individual has demonstrated compliance with other phases of
18 program participation and successful completion of the
19 vocational education or training is likely to result in
20 employment entry at a higher wage than the participant would
21 have been likely to attain without completion of the
22 vocational education or training. Vocational education or
23 training may be combined with other program activities and
24 also may be used to upgrade skills or prepare for a higher
25 paying occupational area for a participant who is employed.
26 1. Vocational education shall not be used as the
27 primary program activity for a period which exceeds 12 months.
28 The 12-month restriction, however, only includes actual
29 vocational education instruction. Remedial or basic skills
30 training shall not count towards the 12 months. In addition,
31 use of vocational education or training shall be restricted to
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1 not more than 20 percent of adult participants in the WAGES
2 region, or subject to other limitation as established in
3 federal law. Vocational education included in a program
4 leading to a high school diploma shall not be considered
5 vocational education for purposes of this section.
6 2. When To the maximum extent possible, a provider of
7 vocational education or training shall use funds provided by
8 funding sources other than the department. The department may
9 provide additional funds to a vocational education or training
10 provider only if payment is made pursuant to a
11 performance-based contract. Under a performance-based
12 contract, the provider may be partially paid when a
13 participant enters, continues, and completes education or
14 training, but at least 25 percent the majority of payment
15 shall be made following the participant's employment at a
16 specific wage or job retention for a specific duration.
17 Performance-based payments made under this subparagraph are
18 limited to education or training for targeted occupations
19 identified by the Occupational Forecasting Conference under s.
20 216.136, or other programs identified by the Enterprise
21 Florida Jobs and Education Partnership, to include specially
22 developed programs to address the needs of "hard-to-place"
23 recipients. A contract with a community college or school
24 district must conform to the provisions of ss. 239.249 and
25 240.40685.
26 (h)(g) Job skills training directly related to
27 employment.--Job skills training directly related to
28 employment provides job skills training in a specific
29 occupation for which there is a written commitment by the
30 employer to offer employment to a participant who successfully
31 completes the training. Job skills training includes
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1 customized training designed to meet the needs of a specific
2 employer or a specific industry. A participant may be required
3 to complete an entrance assessment or test before entering
4 into job skills training if assessments or tests are required
5 for employment upon completion of the training. Jobs skills
6 training may include work place literacy instruction as a
7 secondary activity for those participants with a high school
8 diploma or equivalent, but without the literacy skills
9 necessary for a specific job or job training program.
10 (i)(h) Education services related to employment for
11 participants 19 years of age or younger.--Education services
12 provided under this paragraph are designed to prepare a
13 participant for employment in an occupation. The Department of
14 Labor and Employment Security shall coordinate education
15 services with the school-to-work activities provided under s.
16 229.595. Activities provided under this paragraph are
17 restricted to participants 19 years of age or younger who have
18 not completed high school or obtained a high school
19 equivalency diploma.
20 (j)(i) School attendance.--Attendance at a high school
21 or attendance at a program designed to prepare the participant
22 to receive a high school equivalency diploma is a required
23 program activity for each participant 19 years of age or
24 younger who:
25 1. Has not completed high school or obtained a high
26 school equivalency diploma;
27 2. Is a dependent child or a head of household; and
28 3. For whom it has not been determined that another
29 program activity is more appropriate.
30 (k)(j) Teen parent services.--Participation in
31 medical, educational, counseling, and other services that are
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1 part of a comprehensive program is a required activity for
2 each teen parent who participates in the WAGES Program.
3 (2) WORK ACTIVITY REQUIREMENTS.--Each adult
4 participant who is not otherwise exempt must participate in a
5 work activity for the maximum number of hours allowable under
6 federal law provided that no participant be required to work
7 more than 40 hours per week or less than the minimum number of
8 hours required by federal law. An applicant shall be referred
9 for employment at the time of application if the applicant is
10 eligible to participate in the WAGES Program.
11 (a) Participants with literacy or basic skills below
12 that necessary to obtain or retain employment may be required
13 to obtain instruction to increase those skills, so long as
14 such requirement does not require more than 40 hours per week
15 of total activity. Attendance at such instruction may be
16 required for continued WAGES support.
17 (b) Participants who meet the work activity
18 requirements and who wish to avail themselves of educational
19 services that will enhance their ability to be self sufficient
20 should be supported by WAGES funds to the greatest extent
21 possible.
22 (10) USE OF CONTRACTS.--The department shall provide
23 work activities, training, and other services, as appropriate,
24 through contracts. In contracting for work activities,
25 training, or services, the following applies:
26 (b) A contract must be performance-based. Wherever
27 possible, payment shall be tied to performance outcomes that
28 include factors such as, but not limited to, job entry, job
29 entry at a target wage, and job retention, rather than tied to
30 completion of training or education or any other phase of the
31 program participation process.
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1 Section 43. The Commissioner of Education is hereby
2 directed to convene a task force to investigate issues
3 associated with postsecondary education's role in Florida's
4 job training, WAGES, and workforce development activities.
5 The task force shall consist of members representing public
6 schools, community colleges, private postsecondary
7 institutions, workforce development boards, and WAGES boards,
8 two members of the House of Representatives appointed by the
9 Speaker of the House of Representatives, two members of the
10 Senate appointed by the President of the Senate, and other
11 appropriate parties. The task force shall investigate,
12 evaluate, and make recommendations regarding, but not limited
13 to, restructured governance, reporting, funding, and
14 accountability mechanisms needed to effectively meet
15 increasing demands and improve the services of postsecondary
16 institutions, particularly with respect to adult and
17 vocational education. The task force shall make both
18 substantive and fiscal recommendations to the Governor and the
19 Legislature no later than January 1, 1998.
20 Section 44. Except as otherwise provided herein, this
21 act shall take effect July 1, 1997.
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2 HOUSE SUMMARY
3
Provides that children adopted from the Department of
4 Children and Family Services shall be exempt from the
payment of certain postsecondary student fees. Renames
5 the Florida Academic Improvement Trust Fund for Community
Colleges and provides the community college system with
6 the opportunity to receive and match challenge grants
through the trust fund by specifying the State Board of
7 Community Colleges as an eligible community college
entity. Specifies the use of proceeds. Provides
8 eligibility for state financial aid for a part-time
student with a disability. Revises provisions relating to
9 a limited access competitive grant program. Provides an
exception to the course leveling requirement with respect
10 to courses included in the common course numbering and
designation system for community colleges and state
11 universities. Revises alternatives to the College Level
Academic Skills Test. Prohibits discrimination for
12 grading purposes with respect to students in dual
enrollment courses. Authorizes the Commissioner of
13 Education to approve dual enrollment agreements for
limited course offerings with statewide appeal.
14 Establishes the Institute on Public Postsecondary
Distance Learning to recommend for adoption by the Board
15 of Regents and the State Board of Community Colleges
policies and procedures that ensure coordination of
16 distance learning instruction. Directs the State Board
of Community Colleges to establish the Florida Community
17 College Distance Learning Consortium to develop plans and
procedures for the delivery of distance learning. With
18 respect to the Administrative Procedure Act, provides for
exceptions to rule, notice, filing, and public workshop
19 requirements for educational units. Provides an exemption
to certain proceeding requirements. Renames home
20 economics courses as family and consumer sciences
courses. Revises definitions of the terms "adult
21 secondary education," "basic literacy," and "functional
literacy," and provides definitions for the terms
22 "beginning literacy" and "family literacy." Revises
provisions relating to standards of basic skills mastery.
23 Provides for the use of adult basic education to meet
certain needs. Requires the identification and
24 development of vocational standards. Deletes certain
reporting requirements relating to the adult literacy
25 program. Provides specific authority for certain
community college district board of trustees' rules,
26 procedures, and policies. Repeals certain reporting and
rulemaking requirements. Provides for the distribution of
27 recommended high school coursework information. Provides
requirements for a college-ready diploma program.
28 Requires the payment of fees for the continuous
enrollment of students in college-preparatory
29 instruction. Requires strategies for reducing the
incidence of postsecondary remediation and assessment of
30 activities. Provides for the promotion of "tech prep"
programs of study. Requires administration of the common
31 placement test or an equivalent test in the tenth grade.
Requires administration of an institutionally developed
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1 test as a remedial instruction exit exam. Clarifies
provisions relating to the offering of
2 college-preparatory instruction. Provides for an increase
in fees for undergraduate students who continually enroll
3 in the same college credit courses. Revises entrance
requirements for community college degree programs.
4 Requires policies regarding alternatives to
college-preparatory instructional methods. With respect
5 to postsecondary education student fees, provides for
payment for the cost of fee exemptions by local WAGES
6 boards that contract with public postsecondary
institutions for education and training services.
7 Provides an appeal process for school districts and
community colleges to allow exemption from participation
8 in performance-based incentive funding. Provides for
services for WAGES clients negotiated through the jobs
9 and education regional board by school districts and
community colleges to be funded by the local WAGES
10 coalition. Provides an alternative payment structure for
job training services. Revises provisions relating to
11 work requirements for participation in the WAGES Program.
Includes paid apprenticeship activities, cooperative
12 education activities, and work-study activities in work
activities. Permits educational institutions to provide
13 training and receive subsidies to offset the cost of the
training. Provides reasons for participants to be placed
14 in community service. Defines work experience and
clarifies the role of remedial or basic skills training.
15 Revises requirements for payment to a provider of
vocational education or training. Requires the
16 development of programs to address the needs of
"hard-to-place" recipients. Expands the definition of job
17 skills training and provides additional literacy or basic
skills requirements related to work activity
18 requirements. Requires establishment of a task force to
investigate issues associated with job training and
19 workforce development.
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