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House Bill 1587

Florida House of Representatives - 1997 HB 1587 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 job training and education 3 for workforce development; amending s. 239.117, 4 F.S., relating to postsecondary student fees; 5 allowing payment for the cost of fee exemptions 6 to be made through a contract with the local 7 WAGES board; deleting full-time equivalent 8 enrollment funding; amending s. 239.249, F.S.; 9 providing an appeal process for school 10 districts and community colleges to allow 11 exemption from participation in 12 performance-based incentive funding; amending 13 s. 239.301, F.S.; providing for services for 14 WAGES clients negotiated through the jobs and 15 education regional board by school districts 16 and community colleges to be funded by the 17 local WAGES coalition; amending s. 240.35, 18 F.S., relating to student fees; allowing 19 payment for the cost of fee exemptions to be 20 made through a contract with the local WAGES 21 board; amending s. 414.027, F.S.; providing an 22 alternative payment structure for job training 23 services; amending s. 414.065, F.S., relating 24 to work requirements for participation in the 25 WAGES Program; including paid apprenticeship 26 activities, cooperative education activities, 27 and work-study activities in work activities; 28 permitting educational institutions to provide 29 training and receive subsidies to offset the 30 cost of the training; providing reasons for 31 placement in community service; defining work 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 experience; clarifying the role of remedial or 2 basic skills training; revising requirements 3 for payment to a provider of vocational 4 education or training; requiring the 5 development of programs to address the needs of 6 "hard-to-place" recipients; expanding the 7 definition of job skills training; providing 8 additional literacy or basic skills 9 requirements related to work activity 10 requirements; requiring the establishment of a 11 task force to investigate issues associated 12 with job training and workforce development; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (f) of subsection (2) of section 18 239.117, Florida Statutes, 1996 Supplement, is amended to 19 read: 20 239.117 Postsecondary student fees.-- 21 (2) The following students are exempt from any 22 requirement for the payment of registration, matriculation, 23 and laboratory fees for instruction: 24 (f) A student enrolled in an employment and training 25 program under the WAGES Program. Such a student may receive a 26 fee exemption only if the student applies for and does not 27 receive student financial aid, including Job Training 28 Partnership Act or Family Support Act funds. Schools and 29 community colleges shall help such students apply for 30 financial aid, but may not deny such students program 31 participation during the financial aid application process. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 Such a student may not be required to incur debt within the 2 financial aid package. If local WAGES boards, established 3 pursuant to s. 414.028, choose to contract with a public 4 postsecondary institution for education and training services, 5 payment for the cost of such fee exemptions must be made by 6 the local WAGES boards. Fee-exempt instruction provided at 7 community colleges pursuant to this subsection generates an 8 additional one-fourth of a full-time equivalent enrollment. 9 Section 2. Subsections (9) through (13) of section 10 239.249, Florida Statutes, 1996 Supplement, are renumbered as 11 subsections (10) through (14), respectively, and a new 12 subsection (9) is added to said section to read: 13 239.249 Market-driven, performance-based incentive 14 funding for vocational and technical education programs.-- 15 (9) The Jobs and Education Partnership Board shall 16 develop an appeal process, to be implemented by the regional 17 workforce development boards, that may allow an exemption of 18 certain school districts and community colleges from 19 participation in the performance-based incentive funding 20 provisions of this section. School districts and community 21 colleges shall be eligible to use the appeal process if they 22 meet one or both of the following criteria: 23 (a) Generate less than 50 unweighted FTE in 24 certificate career education and in career degree education. 25 (b) Provide a written report documenting the direct 26 costs incurred due to the implementation of performance-based 27 incentive funding and how mandatory participation in the 28 program will adversely affect the school district or community 29 college. 30 Section 3. Paragraph (e) is added to subsection (5) of 31 section 239.301, Florida Statutes, 1996 Supplement, to read: 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 239.301 Adult general education.-- 2 (5) 3 (e) School districts and community colleges may 4 negotiate through the jobs and education regional boards for 5 specialized services for WAGES clients, beyond what is 6 routinely provided for the general public, to be funded by the 7 local WAGES coalition pursuant to s. 414.065(10). Under any 8 contract with the local WAGES coalition, attendance may be 9 required of clients. 10 Section 4. Subsection (3) of section 240.35, Florida 11 Statutes, 1996 Supplement, is amended to read: 12 240.35 Student fees.--Unless otherwise provided, the 13 provisions of this section apply only to fees charged for 14 college credit instruction. 15 (3) Students enrolled in dual enrollment and early 16 admission programs pursuant to s. 240.116 and students 17 enrolled in employment and training programs under the WAGES 18 Program are exempt from the payment of registration, 19 matriculation, and laboratory fees; however, such students may 20 not be included within calculations of fee-waived enrollments. 21 Students enrolled in programs under the WAGES Program shall be 22 granted a fee exemption only if they have applied for student 23 financial aid including Job Training Partnership Act or Family 24 Support Act funds and did not receive financial assistance. 25 Colleges shall assist these students in applying for financial 26 aid, and these students may not be denied participation in 27 programs during the application process for financial aid. 28 These students may not be required to obtain loans as a part 29 of their financial aid package. If local WAGES boards, 30 established pursuant to s. 414.028, choose to contract with a 31 public postsecondary institution for education and training 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 services, payment for the cost of such fee exemptions must be 2 made by the local WAGES boards. Other fee-exempt instruction 3 provided pursuant to this subsection shall generate an 4 additional one-fourth full-time equivalent enrollment. 5 Section 5. Paragraph (g) of subsection (1) of section 6 414.027, Florida Statutes, 1996 Supplement, is amended to 7 read: 8 414.027 WAGES Program statewide implementation plan.-- 9 (1) By December 31, 1996, the WAGES Program State 10 Board of Directors shall submit to the Governor, the President 11 of the Senate, and the Speaker of the House of Representatives 12 a statewide plan for implementing the WAGES Program 13 established under this chapter. At a minimum, the statewide 14 implementation plan must include: 15 (g) The development of a performance-based payment 16 structure to be used for all WAGES Program services, which 17 takes into account the following: 18 1. The degree of difficulty associated with placing a 19 WAGES Program participant in a job; 20 2. The quality of the placement with regard to salary, 21 benefits, and opportunities for advancement; and 22 3. The employee's retention of the placement. 23 24 The payment structure shall provide not more than 40 percent 25 of the cost of services provided to a WAGES participant prior 26 to placement, 50 percent upon employment placement, and 10 27 percent if employment is retained for at least 6 months. The 28 payment structure should provide bonus payments to providers 29 that experience notable success in achieving long-term job 30 retention with WAGES Program participants. The board shall 31 consult with Enterprise Florida Jobs and Education Partnership 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 in developing the WAGES Program statewide implementation plan. 2 For job training services, an alternative payment structure 3 shall provide for the distribution of not more than 40 percent 4 of the cost of services upon admission and not more than an 5 additional 30 percent for retention and progress toward 6 completion, with the remaining percent divided between 7 placement and employment retention for at least 6 months, with 8 the majority based on placement. 9 Section 6. Subsections (1) and (2), and paragraph (b) 10 of subsection (10) of section 414.065, Florida Statutes, 1996 11 Supplement, are amended to read: 12 414.065 Work requirements.-- 13 (1) WORK ACTIVITIES.--The following activities may be 14 used individually or in combination to satisfy the work 15 requirements for a participant in the WAGES Program: 16 (a) Unsubsidized employment.--Unsubsidized employment 17 is full-time employment or part-time employment that is not 18 directly supplemented by federal or state funds. Paid 19 apprenticeship and cooperative education activities are 20 included in this activity. 21 (b) Subsidized private sector employment.--Subsidized 22 private sector employment is employment in a private 23 for-profit enterprise or a private not-for-profit enterprise 24 which is directly supplemented by federal or state funds. A 25 subsidy may be provided in one or more of the forms listed in 26 this paragraph. 27 1. Work supplementation.--A work supplementation 28 subsidy diverts a participant's assistance under the program 29 to the employer. The employer must pay the participant wages 30 that equal or exceed the applicable federal minimum wage. Work 31 supplementation may not exceed 6 months. At the end of the 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 supplementation period, the employer is expected to retain the 2 participant as a regular employee without receiving a subsidy 3 for at least 12 months. The work supplementation agreement 4 must provide that if the employee is dismissed at any time 5 within 12 months after termination of the supplementation 6 period due in any part to loss of the supplement, the employer 7 shall repay some or all of the supplement previously paid as a 8 subsidy to the employer under the WAGES Program. 9 2. On-the-job training.--On-the-job training is 10 full-time, paid employment in which the employer or 11 educational institution in cooperation with the employer 12 provides training needed for the participant to perform the 13 skills required for the position. The employer or educational 14 institution on behalf of the employer receives a subsidy to 15 offset the cost of the training provided to the participant. 16 Upon satisfactory completion of the training, the employer is 17 expected to retain the participant as a regular employee 18 without receiving a subsidy. The on-the-job training agreement 19 must provide that in the case of dismissal of a participant 20 due to loss of the subsidy, the employer shall repay some or 21 all of the subsidy previously provided by the department. 22 3. Incentive payments.--The department may provide 23 additional incentive payments to encourage employers to employ 24 program participants. Incentive payments may include payments 25 to encourage the employment of hard-to-place participants, in 26 which case the amount of the payment shall be weighted 27 proportionally to the extent to which the participant has 28 limitations associated with the long-term receipt of welfare 29 and difficulty in sustaining employment. In establishing 30 incentive payments, the department shall consider the extent 31 of prior receipt of welfare, lack of employment experience, 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 lack of education, lack of job skills, and other appropriate 2 factors. A participant who has complied with program 3 requirements and who is approaching the time limit for 4 receiving temporary assistance may be defined as 5 "hard-to-place." Incentive payments may include payments in 6 which an initial payment is made to the employer upon the 7 employment of a participant, and the majority of the incentive 8 payment is made after the employer retains the participant as 9 a full-time employee for at least 12 months. The incentive 10 agreement must provide that if the employee is dismissed at 11 any time within 12 months after termination of the incentive 12 payment period due in any part to loss of the incentive, the 13 employer shall repay some or all of the payment previously 14 paid as an incentive to the employer under the WAGES Program. 15 4. Tax credits.--An employer who employs a program 16 participant may qualify for enterprise zone property tax 17 credits under s. 220.182, the tax refund program for qualified 18 target industry businesses under s. 288.106, or other federal 19 or state tax benefits. The department shall provide 20 information and assistance, as appropriate, to use such 21 credits to accomplish program goals. 22 (c) Subsidized public sector employment.--Subsidized 23 public sector employment is employment by an agency of the 24 federal, state, or local government which is directly 25 supplemented by federal or state funds. The applicable 26 subsidies provided under paragraph (b) may be used to 27 subsidize employment in the public sector, except that 28 priority for subsidized employment shall be employment in the 29 private sector. Public sector employment is distinguished from 30 work experience in that the participant is paid wages and 31 receives the same benefits as a nonsubsidized employee who 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 performs similar work. Work-study activities administered by 2 educational institutions are included in this activity. 3 (d) Community service work experience.--Community 4 service work experience is job training experience at a 5 supervised public or private not-for-profit agency. A 6 participant shall receive temporary assistance in the form of 7 wages that are proportional to the amount of time worked. A 8 participant assigned to community service work experience 9 shall be deemed an employee of the state for purposes of 10 workers' compensation coverage and is subject to the 11 requirements of the drug-free workplace program. As used in 12 this paragraph, the terms "community service experience," 13 "community work," and "workfare" are synonymous. Participants 14 involved in community service work may be assigned to this 15 activity to increase their work maturity and job 16 problem-solving and critical thinking skills, as well as 17 develop skills in balancing job and personal responsibilities. 18 Participants may be placed in community service for one or 19 more of the following reasons which include, but are not 20 limited to: 21 1. Assessing WAGES Program compliance prior to 22 referral to costly services such as vocational education. 23 2. Maintaining work activity status while awaiting 24 placement into paid employment or training. 25 3. Fulfilling clinical practicum or internship 26 requirements related to training. 27 4. Participating in work-based mentoring programs. 28 (e) Work experience.--Work experience is a structured, 29 supervised, job training activity in a public or private 30 not-for-profit agency. Work experience is appropriate for 31 participants who are the least prepared for entry into the 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 workforce. This work activity involves intensive supervision 2 and training of the participant that leads to the development 3 of work maturity, employability, and basic job skills. This 4 activity requires 20 hours of work and an additional 10 hours 5 of education and training related to a vocational goal. The 6 WAGES Program shall pay for this activity through a 7 performance-based contract which shall include benchmarks, 8 goals, outcomes, and timeframes designed to move the 9 participant toward full-time paid employment. A participant 10 shall receive temporary assistance proportional to the time 11 worked. A participant assigned to work experience shall be 12 deemed an employee of the state for purposes of workers' 13 compensation coverage and is subject to the requirements of 14 the drug-free workplace program. 15 (f)(e) Job search and job readiness assistance.--Job 16 search assistance may include supervised or unsupervised 17 job-seeking activities. Job readiness assistance provides 18 support for job-seeking activities, which may include: 19 1. Orientation to the world of work and basic 20 job-seeking and job retention skills. 21 2. Instruction in completing an application for 22 employment and writing a resume. 23 3. Instruction in conducting oneself during a job 24 interview, including appropriate dress. 25 4. Instruction in retaining a job, success in the 26 workplace, and career planning. 27 28 Job readiness assistance may also include providing a 29 participant with access to an employment resource center that 30 contains job listings, telephones, facsimile machines, 31 typewriters, and word processors. Job search and job readiness 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 activities may be used in conjunction with other program 2 activities, such as work experience, but may not be the 3 primary work activity, may not be used in conjunction with 4 other program activities such as work experience, and may not 5 continue longer than the length of time permitted under 6 federal law. 7 (g)(f) Vocational education or training.--Vocational 8 education or training is education or training designed to 9 provide participants with the skills and certification 10 necessary for employment in an occupational area. Vocational 11 education or training may be used as a primary program 12 activity for participants when it has been determined that the 13 individual has demonstrated compliance with other phases of 14 program participation and successful completion of the 15 vocational education or training is likely to result in 16 employment entry at a higher wage than the participant would 17 have been likely to attain without completion of the 18 vocational education or training. Vocational education or 19 training may be combined with other program activities and 20 also may be used to upgrade skills or prepare for a higher 21 paying occupational area for a participant who is employed. 22 1. Vocational education shall not be used as the 23 primary program activity for a period which exceeds 12 months. 24 The 12-month restriction, however, only includes actual 25 vocational education instruction. Remedial or basic skills 26 training shall not count towards the 12 months. In addition, 27 use of vocational education or training shall be restricted to 28 not more than 20 percent of adult participants in the WAGES 29 region, or subject to other limitation as established in 30 federal law. Vocational education included in a program 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 leading to a high school diploma shall not be considered 2 vocational education for purposes of this section. 3 2. When To the maximum extent possible, a provider of 4 vocational education or training shall use funds provided by 5 funding sources other than the department. The department may 6 provide additional funds to a vocational education or training 7 provider only if payment is made pursuant to a 8 performance-based contract. Under a performance-based 9 contract, the provider may be partially paid when a 10 participant enters, continues, and completes education or 11 training, but at least 25 percent the majority of payment 12 shall be made following the participant's employment at a 13 specific wage or job retention for a specific duration. 14 Performance-based payments made under this subparagraph are 15 limited to education or training for targeted occupations 16 identified by the Occupational Forecasting Conference under s. 17 216.136, or other programs identified by the Enterprise 18 Florida Jobs and Education Partnership, to include specially 19 developed programs to address the needs of "hard-to-place" 20 recipients. A contract with a community college or school 21 district must conform to the provisions of ss. 239.249 and 22 240.40685. 23 (h)(g) Job skills training directly related to 24 employment.--Job skills training directly related to 25 employment provides job skills training in a specific 26 occupation for which there is a written commitment by the 27 employer to offer employment to a participant who successfully 28 completes the training. Job skills training includes 29 customized training designed to meet the needs of a specific 30 employer or a specific industry. A participant may be required 31 to complete an entrance assessment or test before entering 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 into job skills training if assessments or tests are required 2 for employment upon completion of the training. Jobs skills 3 training may include work place literacy instruction as a 4 secondary activity for those participants with a high school 5 diploma or equivalent, but without the literacy skills 6 necessary for a specific job or job training program. 7 (i)(h) Education services related to employment for 8 participants 19 years of age or younger.--Education services 9 provided under this paragraph are designed to prepare a 10 participant for employment in an occupation. The Department of 11 Labor and Employment Security shall coordinate education 12 services with the school-to-work activities provided under s. 13 229.595. Activities provided under this paragraph are 14 restricted to participants 19 years of age or younger who have 15 not completed high school or obtained a high school 16 equivalency diploma. 17 (j)(i) School attendance.--Attendance at a high school 18 or attendance at a program designed to prepare the participant 19 to receive a high school equivalency diploma is a required 20 program activity for each participant 19 years of age or 21 younger who: 22 1. Has not completed high school or obtained a high 23 school equivalency diploma; 24 2. Is a dependent child or a head of household; and 25 3. For whom it has not been determined that another 26 program activity is more appropriate. 27 (k)(j) Teen parent services.--Participation in 28 medical, educational, counseling, and other services that are 29 part of a comprehensive program is a required activity for 30 each teen parent who participates in the WAGES Program. 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 (2) WORK ACTIVITY REQUIREMENTS.--Each adult 2 participant who is not otherwise exempt must participate in a 3 work activity for the maximum number of hours allowable under 4 federal law provided that no participant be required to work 5 more than 40 hours per week or less than the minimum number of 6 hours required by federal law. An applicant shall be referred 7 for employment at the time of application if the applicant is 8 eligible to participate in the WAGES Program. 9 (a) Participants with literacy or basic skills below 10 that necessary to obtain or retain employment may be required 11 to obtain instruction to increase those skills, so long as 12 such requirement does not require more than 40 hours per week 13 of total activity. Attendance at such instruction may be 14 required for continued WAGES support. 15 (b) Participants who meet the work activity 16 requirements and who wish to avail themselves of educational 17 services that will enhance their ability to be self sufficient 18 should be supported by WAGES funds to the greatest extent 19 possible. 20 (10) USE OF CONTRACTS.--The department shall provide 21 work activities, training, and other services, as appropriate, 22 through contracts. In contracting for work activities, 23 training, or services, the following applies: 24 (b) A contract must be performance-based. Wherever 25 possible, payment shall be tied to performance outcomes that 26 include factors such as, but not limited to, job entry, job 27 entry at a target wage, and job retention, rather than tied to 28 completion of training or education or any other phase of the 29 program participation process. 30 Section 7. The Commissioner of Education is hereby 31 directed to convene a task force to investigate issues 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 associated with postsecondary education's role in Florida's 2 job training, WAGES, and workforce development activities. 3 The task force shall consist of members representing public 4 schools, community colleges, private postsecondary 5 institutions, workforce development boards, and WAGES boards, 6 two members of the House of Representatives appointed by the 7 Speaker of the House of Representatives, two members of the 8 Senate appointed by the President of the Senate, and other 9 appropriate parties. The task force shall investigate, 10 evaluate, and make recommendations regarding, but not limited 11 to, restructured governance, reporting, funding, and 12 accountability mechanisms needed to effectively meet 13 increasing demands and improve the services of postsecondary 14 institutions, particularly with respect to adult and 15 vocational education. The task force shall make both 16 substantive and fiscal recommendations to the Governor and the 17 Legislature no later than January 1, 1998. 18 Section 8. This act shall take effect July 1, 1997. 19 20 21 22 23 24 25 26 27 28 29 30 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1587 613-105B-97 1 ***************************************** 2 HOUSE SUMMARY 3 With respect to postsecondary education student fees, 4 provides for payment for the cost of fee exemptions by local WAGES boards that contract with public 5 postsecondary institutions for education and training services. Provides an appeal process for school districts 6 and community colleges to allow exemption from participation in performance-based incentive funding. 7 Provides for services for WAGES clients negotiated through the jobs and education regional board by school 8 districts and community colleges to be funded by the local WAGES coalition. Provides an alternative payment 9 structure for job training services. Revises provisions relating to work requirements for participation in the 10 WAGES Program. Includes paid apprenticeship activities, cooperative education activities, and work-study 11 activities in work activities. Permits educational institutions to provide training and receive subsidies to 12 offset the cost of the training. Provides reasons for participants to be placed in community service. Defines 13 work experience and clarifies the role of remedial or basic skills training. Revises requirements for payment 14 to a provider of vocational education or training. Requires the development of programs to address the needs 15 of "hard-to-place" recipients. Expands the definition of job skills training and provides additional literacy or 16 basic skills requirements related to work activity requirements. Requires establishment of a task force to 17 investigate issues associated with job training and workforce development. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 16