House Bill 4131c1

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    Florida House of Representatives - 1998             CS/HB 4131

        By the Committees on Education Appropriations, Community
    Colleges & Career Prep and Representatives Sindler, Fasano,
    Wise, Diaz de la Portilla, Gay, Casey, Kelly, Futch, D.
    Prewitt, Miller, Chestnut, Hafner, K. Pruitt, Crow, Greene,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 229.551, F.S., relating to

  4         educational management; revising

  5         responsibilities of the Commissioner of

  6         Education and the Articulation Coordinating

  7         Committee; revising provisions relating to the

  8         offering of certain courses; providing for the

  9         classifying of degree vocational education

10         programs; amending s. 229.8075, F.S., relating

11         to the Florida Education and Training Placement

12         Information Program; requiring job retention

13         data; amending s. 236.081, F.S.; removing

14         reference to funding for the co-enrollment of

15         secondary students; amending s. 239.105, F.S.;

16         revising and adding definitions relating to

17         adult and vocational education; amending s.

18         239.115, F.S., relating to funds for operation

19         of adult general education and vocational

20         education programs; revising provisions

21         relating to workforce development education

22         programs; changing the name of the associate in

23         applied technology degree to the applied

24         technology diploma; revising funding for adults

25         with disabilities; revising provisions relating

26         to funding through the Workforce Development

27         Education Fund; providing duties relating to

28         workforce development programs and funding;

29         providing for use of funds; creating the

30         Workforce Development Capitalization Incentive

31         Grant Program and providing requirements;

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  1         requiring audits and reviews of workforce

  2         development programs; amending s. 239.117,

  3         F.S.; revising provisions relating to

  4         postsecondary student fees; conforming

  5         provisions; revising certain requirements

  6         relating to student fee exemptions; revising

  7         provisions relating to fee schedules; amending

  8         s. 239.213, F.S., relating to

  9         vocational-preparatory instruction; deleting

10         obsolete language; amending s. 239.229, F.S.,

11         relating to vocational standards; conforming

12         provisions; amending s. 239.233, F.S.;

13         requiring job retention data; amending s.

14         239.249, F.S., relating to performance-based

15         funding for vocational and technical programs;

16         amending s. 239.301, F.S.; revising adult

17         general education provisions; amending s.

18         240.115, F.S.; providing for the statewide

19         articulation of workforce development

20         coursework and certain degree programs;

21         requiring the Articulation Coordinating

22         Committee to establish standards; amending s.

23         240.301, F.S., relating to mission and

24         responsibilities of community colleges;

25         conforming provisions; amending s. 240.35,

26         F.S., relating to community college student

27         fees; clarifying the inclusion of

28         college-preparatory fee requirements; providing

29         for fees relating to degree career education

30         programs; revising certain requirements

31         relating to student fee exemptions; revising

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  1         provisions relating to the use of financial aid

  2         fee revenues; amending s. 240.359, F.S.;

  3         providing for the funding of

  4         college-preparatory programs and certain degree

  5         programs through the community college program

  6         fund; amending s. 246.013, F.S., relating to

  7         participation in the common course designation

  8         and numbering system; revising certain

  9         requirements; requiring timely review of course

10         inclusion and maintenance; amending s. 446.052,

11         F.S., relating to preapprenticeship programs;

12         conforming to the duties of the Division of

13         Workforce Development; requiring the State

14         Board of Community Colleges and the

15         Commissioner of Education to investigate

16         specified issues; providing duties of the

17         commissioner, the Jobs and Education

18         Partnership, the State Board of Community

19         Colleges, and the Board of Regents; requiring

20         establishment of an Employment Task Force for

21         Adults with Disabilities and providing duties;

22         providing effective dates.

23

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

25

26         Section 1.  Paragraphs (f) and (g) of subsection (1) of

27  section 229.551, Florida Statutes, are amended to read:

28         229.551  Educational management.--

29         (1)  The department is directed to identify all

30  functions which under the provisions of this act contribute

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

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  1  accountability and to establish within the department the

  2  necessary organizational structure, policies, and procedures

  3  for effectively coordinating such functions.  Such policies

  4  and procedures shall clearly fix and delineate

  5  responsibilities for various aspects of the system and for

  6  overall coordination of the total system.  The commissioner

  7  shall perform the following duties and functions:

  8         (f)  Development and coordination of a common course

  9  designation and numbering system for postsecondary education

10  in school districts, community colleges, participating

11  nonpublic postsecondary education institutions, and the State

12  University System which will improve program planning,

13  increase communication among all postsecondary delivery

14  systems, community colleges and universities and facilitate

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

16  require course content prescription or standardization or

17  uniform course testing, and the continuing maintenance of the

18  system shall be accomplished by appropriate faculty committees

19  representing public and participating nonpublic institutions.

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

21  certificate career education programs and courses offered in

22  school districts and community colleges.  The Articulation

23  Coordinating Committee whose membership represents public and

24  nonpublic postsecondary institutions shall:

25         1.  Identify the highest demand degree programs within

26  the State University System.

27         2.  Conduct a study of courses offered by universities

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

29  identify courses designated as either general education or

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

31

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  1  identify these courses as upper-division level or

  2  lower-division level.

  3         3.  Appoint faculty committees representing both

  4  community college and university faculties to recommend a

  5  single level for each course included in the common course

  6  numbering and designation system.  Any course designated as an

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

  8  for advanced academic preparation and skills that a student

  9  would be unlikely to achieve without significant prior

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

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

12  a baccalaureate degree shall be designated for both the lower

13  and upper division. 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         (g)  Expansion and ongoing maintenance of the common

25  course designation and numbering system to include the

26  numbering and designation of college credit postsecondary

27  vocational courses and facilitate the transfer of credits

28  between public schools, and community colleges, and state

29  universities.  The Articulation Coordinating Committee shall:

30         1.  Adopt guidelines for the participation of public

31  school districts and community colleges in offering college

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  1  credit courses that may be transferred to a certificate,

  2  diploma, or degree program.  These guidelines shall establish

  3  standards addressing faculty qualifications, admissions,

  4  program curricula, participation in the common course

  5  designation and numbering system, and other issues identified

  6  by the Task Force on Workforce Development and the

  7  Commissioner of Education.  Guidelines should also address the

  8  role of accreditation in the designation of courses as

  9  transferable college credit. Such guidelines must not

10  jeopardize the accreditation status of educational

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

12  of credit transfer among institutions in this state and

13  others.

14         2.  Identify Conduct a study identifying postsecondary

15  vocational programs offered by community colleges and public

16  school districts.  The listing study shall also identify

17  postsecondary vocational courses designated as college credit

18  courses applicable toward a vocational diploma or degree.

19  Such college credit courses must be identified within the

20  common course numbering and designation system.

21         3.  Appoint faculty committees representing both

22  community college and public school faculties to recommend a

23  standard program length and appropriate occupational

24  completion points for each postsecondary vocational

25  certificate program, diploma, and degree.  A course designated

26  as college credit may be offered only by a public school

27  district or community college, provided the standards

28  established in subparagraph 1. are met.

29         4.  Classify degree vocational education programs as

30  either associate in science or associate in applied science

31  degree programs.

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  1         Section 2.  Subsection (1) of section 229.8075, Florida

  2  Statutes, is amended to read:

  3         229.8075  Florida Education and Training Placement

  4  Information Program.--

  5         (1)  The Department of Education shall develop and

  6  maintain a continuing program of information management named

  7  the "Florida Education and Training Placement Information

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

  9  disseminate information concerning the educational histories,

10  placement and employment, enlistments in the United States

11  armed services, and other measures of success of former

12  participants in state educational and workforce development

13  programs.  Placement and employment information, where

14  appropriate, shall contain data relevant to job retention,

15  including retention rates.

16         Section 3.  Paragraph (h) of subsection (1) of section

17  236.081, Florida Statutes, is amended to read:

18         236.081  Funds for operation of schools.--If the annual

19  allocation from the Florida Education Finance Program to each

20  district for operation of schools is not determined in the

21  annual appropriations act or the substantive bill implementing

22  the annual appropriations act, it shall be determined as

23  follows:

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

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

26  determining the annual allocation to each district for

27  operation:

28         (h)  Instruction outside required number of school

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

30  full-time equivalent students for instruction provided outside

31  the required number of school days if such instruction counts

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  1  as credit toward a high school diploma. However, if a high

  2  school student wishes to earn additional high school credits

  3  from a community college and enrolls in one or more adult

  4  secondary education courses at the community college, the

  5  student's school district must pay the community college for

  6  the costs incurred because of the high school student's

  7  co-enrollment.

  8         Section 4.  Section 239.105, Florida Statutes, is

  9  amended to read:

10         239.105  Definitions.--As used in this chapter, the

11  term:

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

13  instruction designed to improve the employability of the

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

15  language, and workforce readiness skills at grade level

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

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

18  languages, mathematics, natural and social sciences, consumer

19  education and other courses that enable an adult to attain

20  basic or functional literacy.

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

22  English language courses designed to improve the employability

23  of the state's workforce through acquisition of communication

24  skills and cultural competencies which enhance ability to

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

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

27  Language. The two terms are interchangeable.

28         (3)(2)  "Adult general education" means a comprehensive

29  instructional programs designed to improve the employability

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

31  education, adult secondary education, English for Speaker of

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  1  Other Languages, vocational preparatory instruction, and

  2  instruction for adults with disabilities. general educational

  3  development test instruction, and vocational preparatory

  4  instruction.

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

  6  of credits upon completion of courses and passing of state

  7  mandated assessments necessary to qualify for a high school

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

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

10  students.

11         (5)(3)  "Adult secondary education" means courses

12  through which a person receives high school credit that leads

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

14  instruction through which a student prepares to take the

15  general educational development test. This includes grade

16  levels 9.0 through 12.9.

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

18  compulsory school age and who has legally left elementary or

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

20  adult course required for high school graduation.

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

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

23  impairment that substantially limits one or more major life

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

25  having such an impairment, and who requires modifications to

26  the educational program, adaptive equipment, or specialized

27  instructional methods and services in order to participate in

28  workforce development programs that lead to competitive

29  employment.

30         (8)  "Applied technology diploma" means a document

31  conferring completion of a program of study that is part of an

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  1  associate in applied science degree or an associate in science

  2  degree, is less than 60 credit hours, and leads to employment

  3  in a specific occupation.  Diploma programs may be delivered

  4  by community colleges only and shall be governed by a

  5  statewide articulation agreement in accordance with s.

  6  240.115.  Articulation to a degree program is subject to

  7  guidelines and standards adopted by the Articulation

  8  Coordinating Committee pursuant to s. 229.551(1)(g).

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

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

11  academic competence from 2.0 through 5.9 educational grade

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

13  State Board of Education.

14         (10)(5)  "Beginning literacy" means the demonstration

15  of academic competence from 0 through 1.9 educational grade

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

17  State Board of Education.

18         (11)(6)  "College-preparatory instruction" means

19  courses through which a high school graduate who applies for

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

21  a degree program may attain the communication and computation

22  skills necessary to enroll in college credit instruction.

23         (12)(7)  "Commissioner" means the Commissioner of

24  Education.

25         (13)(8)  "Community education" means the use of a

26  school or other public facility as a community center operated

27  in conjunction with other public, private, and governmental

28  organizations for the purpose of providing educational,

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

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

31

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  1  interests, and concerns of that community, including lifelong

  2  learning.

  3         (14)  "Continuing workforce education" means

  4  instruction that does not result in a vocational certificate,

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

  6  science degree.  Continuing workforce education is for:

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

  8  licensure renewal or certification renewal by a regulatory

  9  agency or credentialing body;

10         (b)  New or expanding businesses as described in

11  chapter 288;

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

13  products or services are changing so that retraining of

14  employees is necessary or whose employees need training in

15  specific skills to increase efficiency and productivity; or

16         (d)  Individuals who are enhancing occupational skills

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

18  to upgrade employment.

19         (15)(18)  "Degree vocational education program" means a

20  program course of study that leads to an associate in applied

21  science technology degree or an associate in science degree.

22  A degree vocational education program may contain courses that

23  within it one or more occupational completion points and may

24  lead to certificates or diplomas within the program course of

25  study.  The term is interchangeable with the term "degree

26  career education program."

27         (16)(9)  "Department" means the Department of

28  Education.

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

30  competence in identifying and using information located in

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

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  1         (17)(11)  "Family literacy" means a program for adults

  2  with a literacy component for parents and children or other

  3  intergenerational literacy components.

  4         (18)(12)  "Functional literacy," which is also referred

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

  6  demonstration of academic competence from 6.0 through 8.9

  7  educational grade levels as measured by means approved for

  8  this purpose by the State Board of Education.

  9         (19)(13)  "General educational development (GED) test

10  preparation instruction" means courses of instruction designed

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

12  tests leading to qualification for a State of Florida high

13  school diploma. noncredit courses through which persons

14  prepare to take the general educational development test.

15         (20)(14)  "Lifelong learning" means a noncredit course

16  or activity offered by a school district or community college

17  which seeks to address community social and economic issues

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

19  consumer economics, and senior citizens.  The course or

20  activity must have specific expected outcomes that relate to

21  one or more of these areas.

22         (21)(15)  "Local educational agency" means a community

23  college or school district.

24         (22)(16)  "Local sponsor" means a school board,

25  community college board of trustees, public library, other

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

27  of these entities, that provides adult literacy instruction.

28         (23)(17)  "Vocational certificate program" "Certificate

29  vocational education program" means a program course of study

30  that leads to at least one occupational completion point. The

31  program may also confer credit that may articulate with a

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  1  diploma or degree career education program, if authorized by

  2  rules of the Department of Education. Any college credit

  3  instruction designed to articulate to a degree program is

  4  subject to guidelines and standards adopted by the

  5  Articulation Coordinating Committee pursuant to s.

  6  229.551(1)(g). The term is interchangeable with the term

  7  "certificate career education program."

  8         (19)  "Occupational completion point" means the

  9  vocational competencies that qualify a person to enter an

10  occupation that is linked to a vocational program.

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

12  competence in reading and interpreting materials such as

13  newspapers, magazines, and books.

14         (21)  "Quantitative literacy" means the demonstration

15  of competence in the application of arithmetic operations to

16  materials such as loan documents, sale advertisements, order

17  forms, and checking accounts.

18         (24)(22)  "Vocational education planning region" means

19  the geographic area in which career or adult education is

20  provided.  Each vocational region is contiguous with one of

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

22  interchangeably with the term "career education planning

23  region."

24         (25)(23)  "Vocational-preparatory instruction" means

25  adult general education through which persons attain academic

26  and workforce readiness skills at the level of functional

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

28  may pursue certificate career education or higher-level career

29  education.

30         (26)  "Vocational program" means a group of identified

31  competencies leading to occupations identified by a

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  1  classification or instruction program number. Program

  2  completion means a student has successfully completed all

  3  coursework and mastered appropriate competencies in a

  4  particular vocational or adult education program to qualify

  5  for a certificate, diploma, or degree.

  6         (27)(25)  "Workforce development education" means adult

  7  general education or vocational education and may consist of a

  8  continuing workforce education course single course or a

  9  program course of study leading to an occupational completion

10  point, a vocational certificate, an applied technology

11  diploma, or a vocational education an associate in applied

12  technology degree, or an associate in science degree.

13         (28)(24)  "Workforce literacy" means the basic skills

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

15  necessary to adapt to technological advances in the workplace.

16         Section 5.  Section 239.115, Florida Statutes, is

17  amended to read:

18         239.115  Funds for operation of adult general education

19  and vocational education programs.--

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

21  development education" and "workforce development program"

22  include:

23         (a)  Adult general education programs designed to

24  improve the employability skills of the state's workforce

25  through adult basic education, adult secondary education, GED

26  preparation, and vocational-preparatory education.;

27         (b)  Certificate Vocational certificate education

28  programs., including courses that lead to an occupational

29  completion point within a program that terminates in either a

30  certificate or a degree;

31         (c)  Applied technology diploma programs.

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  1         (d)  Continuing workforce education courses.

  2         (e)(d)  Apprenticeship and preapprenticeship programs

  3  as defined in s. 446.021.

  4         (f)(c)  Degree vocational education programs. that lead

  5  to an associate in applied technology degree or an associate

  6  in science degree; and

  7         (2)  An applied technology diploma and degree

  8  vocational education may be offered at community colleges

  9  only. Any other workforce development education program may be

10  offered by a community college or a school district. However,

11  if a workforce development education program offered at a

12  community college contains within it a certificate Any

13  workforce development education program may be conducted by a

14  community college or a school district, except that an

15  associate in science degree may be awarded only by a community

16  college. However, if an associate in science degree program

17  contains within it an occupational completion point that

18  confers a certificate or an associate in applied technology

19  degree, that portion of the program may be conducted by a

20  school district technical center, community college, or other

21  authorized entity. Any college credit instruction designed to

22  articulate to a degree program is subject to guidelines and

23  standards adopted by the Articulation Coordinating Committee

24  pursuant to s. 229.551(1)(g).

25         (3)  Workforce development education, as defined in

26  this section, for adults with disabilities, as defined in s.

27  239.105, shall include a continuum of services including the

28  provision of modifications and accommodations. For adults with

29  disabilities who require more specialized services or

30  programs, such services and programs shall also be available.

31  Workforce development education for adults with disabilities

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  1  shall be funded as provided in this section, except for the

  2  following:

  3         (a)  Adults with disabilities, as defined in s.

  4  239.105, who complete a workforce development program shall be

  5  weighted double for the achievement of performance outputs and

  6  outcomes.

  7         (b)  For adults with disabilities who require more

  8  specialized services or programs, funding in this section

  9  shall be supplemented with programming or funding available

10  from other agencies serving adults with disabilities to

11  support the cost of these specialized services or programs.

12         (c)  For adults with disabilities who do not meet the

13  definition in s. 239.105, appropriate programs and services,

14  other than workforce development programs, shall be provided

15  by the appropriate agency. The smooth transition of these

16  persons to more appropriate programs funded by other agencies

17  shall be addressed in recommendations of the Employment Task

18  Force for Adults with Disabilities.

19

20  This subsection shall take effect July 1, 1999. For fiscal

21  year 1998-1999, the funding level supporting individuals

22  affected by this subsection shall not be reduced, in order to

23  support the continuance of this current program. School

24  districts and community colleges shall not discriminate

25  against individuals currently receiving services and must

26  continue to serve these individuals. If a program for disabled

27  adults pursuant to s. 239.301 is a workforce development

28  program as defined in this section it must be funded as

29  provided in this section.

30         (4)  The Florida Workforce Development Education Fund

31  is created to provide performance-based funding for all

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  1  workforce development programs, whether the programs are

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

  3  for all workforce development education programs defined in

  4  paragraphs (1)(a)-(e) must be from the Workforce Development

  5  Education Fund and must be based on cost categories,

  6  performance output measures, and performance outcome measures.

  7  This subsection takes effect July 1, 1999 1998.

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

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

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

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

12  least both direct and indirect instructional costs, consumable

13  supplies, equipment, and standard optimum program length.

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

15  education programs course of study funded through the

16  Workforce Development Education Fund is student completion of

17  the vocational a single course; a program of study. that leads

18  to an occupational completion point associated with a

19  certificate; an apprenticeship program; or a program that

20  leads to an associate in applied technology degree or an

21  associate in science degree.

22         2.  The performance output measure for an adult general

23  education course of study is measurable improvement in student

24  skills.  This measure shall include improvement in literacy

25  skills, grade level improvement as measured by an approved

26  test, or attainment of a general educational development

27  diploma or an adult high school diploma.

28         (c)  The performance outcome measures for programs

29  funded through the Workforce Development Education Fund are

30  associated with placement and retention of students after

31  completion of a program course of study. These measures

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  1  include placement or retention in employment that is related

  2  to the program course of study; placement into or retention in

  3  employment in an occupation on the Occupational Forecasting

  4  Conference list of high-wage, high-skill occupations with

  5  sufficient openings; and placement and retention of WAGES

  6  clients or former WAGES clients; and retention in employment

  7  of former WAGES clients. Placement and retention must be

  8  reported pursuant to ss. 229.8075 and 239.233.

  9         (5)  State funding and student fees for workforce

10  development instruction funded through the Workforce

11  Development Education Fund shall be established as follows:

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

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

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

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

16         (b)  For all other workforce development education

17  funded through the Workforce Development Education Fund, state

18  funding shall equal 75 percent of the average cost of

19  instruction with the remaining 25 percent made up from student

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

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

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

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

24  unless otherwise specified in the General Appropriations Act.

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

26  unless otherwise provided for in law, state funding shall

27  equal 100 percent of the average cost of instruction.

28         (6)  The Jobs and Education Partnership, in

29  consultation with the Division of Community Colleges and the

30  Division of Workforce Development, shall provide advice to

31  improve the outcomes of courses and programs designed for

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  1  workforce development provided by public school districts and

  2  community colleges. Annually, the Jobs and Education

  3  Partnership shall make recommendations to the Legislature

  4  regarding programs and funding incentives designed to improve

  5  postsecondary vocational and adult education programs.

  6         (7)  Beginning fiscal year 1999-2000, a school district

  7  or a community college that provides workforce development

  8  education funded through the Workforce Development Education

  9  Fund shall receive funds in accordance with distributions for

10  base and performance funding established by the Legislature in

11  the General Appropriations Act, pursuant to the following

12  conditions:

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

14  current fiscal year total Workforce Development Education Fund

15  allocation, which shall be distributed by the Legislature in

16  the General Appropriations Act based on the previous fiscal

17  year enrollment data, after application of program cost

18  factors, standardized program lengths, and school district and

19  community college district cost differentials. The cost

20  category of a course that is part of a vocational program or

21  an adult general education program is the same as that of the

22  program. For years 1999-2000, school districts and community

23  colleges shall be awarded base funding on 1998-1999

24  enrollment.

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

26  of the current fiscal year total Workforce Development

27  Education Fund allocation, which shall be distributed by the

28  Legislature in the General Appropriations Act based on

29  previous fiscal year achievement of output and outcomes in

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

31  For fiscal year 1999-2000, school districts and community

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  1  colleges shall be awarded funds pursuant to this paragraph

  2  based on performance output and outcome data for fiscal year

  3  1998-1999.

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

  5  performance funding must use the money to benefit the

  6  postsecondary vocational and adult education programs it

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

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

  9  workforce development program improvement. The school board or

10  community college board of trustees may not withhold any

11  portion of the performance funding for indirect costs. Funds

12  awarded pursuant to this section may be carried across fiscal

13  years and shall not revert to any other fund maintained by the

14  school board or community college board of trustees.

15         (9)  The Department of Education, in conjunction with

16  the Jobs and Education Partnership and the Florida Education

17  and Training Placement Information Program office, shall

18  provide the Legislature with recommended formulas, criteria,

19  timeframes, and mechanisms for distributing performance funds.

20  The Legislature shall adopt a formula and distribute the

21  performance funds to the Division of Community Colleges and

22  the Division of Workforce Development through the General

23  Appropriations Act. These recommendations shall be based on

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

25  programs and encourage through performance funding awards:

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

27  occupations identified by the Occupational Forecasting

28  Conference created by s. 216.136 and other programs as

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

30  performance incentives shall be calculated for adults who

31

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  1  complete programs that lead to specified high-wage employment

  2  and to their placement in that employment.

  3         (b)  Programs that successfully prepare adults who are

  4  eligible for public assistance, economically disadvantaged,

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

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

  7  shall be calculated for the program completion of adults

  8  identified in this paragraph and job placement of such adults

  9  upon program completion.

10         (c)  Programs identified by the Jobs and Education

11  Partnership as increasing the effectiveness and cost

12  efficiency of education.

13         (10)  The Jobs and Education Partnership, upon the

14  recommendation of a regional workforce development board, may

15  expand the occupations that are included in performance

16  funding. Occupations so identified must meet needs created by

17  local emergencies, plant closings, or other measurable

18  regional needs or demands. The Jobs and Education Partnership

19  may also add occupations to the list of recommendations

20  produced by the Occupational Forecasting Conference if the

21  Quick-Response Advisory Committee recommends them as emerging

22  occupations according to s. 288.047.

23         (5)  Initial state funding is generated by student

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

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

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

27  1998.

28         (6)  The total state funding entitlement for each

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

30  measures, and its cost category. The district cost

31  differential, as established annually in the General

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  1  Appropriations Act, must be applied to the appropriation for

  2  the workforce development education fund.

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

  4  occupational completion point, state funding equals 50 percent

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

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

  7  up the remaining 50 percent.

  8         2.  For a program that results in an occupational

  9  completion point, an educational agency may collect 100

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

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

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

13  upon the student's reaching an occupational completion point

14  or completing the program.

15         (b)  Student output measures for adult education

16  instruction consist of improvement in literacy skills, grade

17  level improvement as measured by an approved test, or

18  attainment of a general education development diploma or an

19  adult high school diploma.

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

21  vocational program or an adult general education program is

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

23  July 1, 1998.

24         (7)  When a student reaches an occupational completion

25  point or completes a program, the educational agency shall

26  first collect the remainder of the total state funding

27  entitlement and may be eligible for additional incentive funds

28  generated by student outcome measures. However, the total

29  funding earned by an educational agency under the formula,

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

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

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  1  excess of program cost must be expended to improve the

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

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

  4  that serves students in workforce education programs shall

  5  submit an enrollment count each semester, which shall replace

  6  the full-time equivalent student enrollment used by the

  7  Florida Education Finance Program and the enrollment

  8  calculation used by the Community College Program Fund. The

  9  Division of Workforce Development shall calculate the funding

10  entitlement for that semester by a date established by the

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

12  1998.

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

14  provides workforce development education shall receive initial

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

16  enrolls.  During each subsequent semester, a funding

17  entitlement shall be calculated for each student by

18  subtracting the student fee amount from the total funding

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

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

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

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

23  occupational completion point or completes a course, the

24  educational agency shall collect the difference between the

25  total state funding entitlement and the amount in state

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

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

28  subsection takes effect July 1, 1998.

29         (11)  The Legislature recognizes that the need for

30  school districts and community colleges to be able to respond

31  to emerging local or statewide economic development needs is

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  1  critical to the workforce development system. The Workforce

  2  Development Capitalization Incentive Grant Program is created

  3  to provide grants to school districts and community colleges

  4  on a competitive basis to fund some or all of the costs

  5  associated with the creation or expansion of workforce

  6  development programs which serve specific employment workforce

  7  needs.

  8         (a)  Funds awarded for a workforce development

  9  capitalization incentive grant may be used for instructional

10  equipment, laboratory equipment, supplies, personnel, student

11  services, or other expenses associated with the creation or

12  expansion of a workforce development program. Expansion of a

13  program may include either the expansion of enrollments in a

14  program or expansion into new areas of specialization within a

15  program. No grant funds may be used for recurring

16  instructional costs or for institutional indirect costs.

17         (b)  The Jobs and Education Partnership shall accept

18  applications from school districts or community colleges for

19  workforce development capitalization incentive grants.

20  Applications from school districts or community colleges shall

21  contain projected enrollments for the new or expanded

22  workforce development program and projected costs of the new

23  or expanded workforce development program. The Jobs and

24  Education Partnership shall review each application for a

25  grant according to the criteria provided in paragraph (c) and

26  shall submit to the Legislature a list of all applications

27  that are recommended for the award of grants arranged in order

28  of priority. The Division of Workforce Development shall

29  administer grants only for projects that are approved by the

30  Jobs and Education Partnership and for which funds are

31  appropriated by the Legislature.

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  1         (c)  Top priority shall be given to programs that train

  2  people to enter high-skill, high-wage occupations as

  3  identified by the Occupational Forecasting Conference;

  4  programs that train people to enter occupations on the WAGES

  5  list; or programs that train targeted student populations to

  6  enter the workforce pursuant to paragraph (9)(b). The Jobs and

  7  Education Partnership shall consider the statewide geographic

  8  dispersion of grant funds in ranking the applications.

  9  Priority shall be assigned to those institutions which are

10  maximizing their allocation from the Workforce Development

11  Education Fund by offering programs which are not

12  low-performing or low-demand in nature.

13         (d)  The Jobs and Education Partnership shall recommend

14  to the State Board of Education rules necessary to implement

15  this subsection.

16         (12)(10)  A high school student dually enrolled under

17  s. 240.116 in a workforce development program funded through

18  the Workforce Development Education Fund and operated by a

19  community college or school district technical center

20  generates the amount calculated by the Workforce Development

21  Education Fund, including any payment of performance funding

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

23  enrollment generated through the Florida Education Finance

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

25  high school student is dually enrolled in a community college

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

27  community college earns the funds generated through the

28  Workforce Development Education Fund and the school district

29  earns the proportional share of full-time equivalent funding

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

31  dually enrolled in a technical center operated by the same

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  1  district as the district in which the student attends high

  2  school, that district earns the funds generated through the

  3  Workforce Development Education Fund and also earns the

  4  proportional share of full-time equivalent funding from the

  5  Florida Education Finance Program. If a student is dually

  6  enrolled in a workforce development program provided by a

  7  technical center operated by a different school district, the

  8  funds must be divided between the two school districts

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

10  be reported for funding in a dual enrollment workforce

11  development program unless the student has completed the basic

12  skills assessment pursuant to s. 239.213.

13         (13)(11)  The Department of Education may adopt rules

14  to administer this section.

15         (14)  The Auditor General shall annually audit the

16  Workforce Development Education Fund. The Office of Program

17  Policy Analysis and Government Accountability shall review the

18  workforce development program and provide a report to the

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

20  direction of the Joint Legislative Auditing Committee. Such

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

22  community colleges and school districts.  The Auditor General

23  must audit calculations and distributions in conjunction with

24  the funding unit audit of the Division of Workforce

25  Development of the Department of Education.

26         Section 6.  Section 239.117, Florida Statutes, as

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

28  read:

29         239.117  Workforce development postsecondary student

30  fees.--

31

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  1         (1)  This section applies to students enrolled in

  2  workforce development programs, including programs and courses

  3  leading to an associate in applied technology degree or an

  4  associate in science degree who are reported for funding

  5  through the Workforce Development Education Fund.

  6         (2)  All students shall be charged fees except students

  7  who are exempt from fees or students whose fees are waived.

  8         (3)  The following students are exempt from any

  9  requirement for the payment of registration, matriculation,

10  and laboratory fees for adult basic, adult secondary, or

11  vocational-preparatory instruction:

12         (a)  A student who does not have a high school diploma

13  or its equivalent.

14         (b)  A student who has a high school diploma or its

15  equivalent and who has academic skills at or below the eighth

16  grade level pursuant to state board rule. A student is

17  eligible for this exemption from fees if the student's skills

18  are at or below the eighth grade level as measured by a test

19  administered in the English language and approved by the

20  Department of Education, even if the student has skills above

21  that level when tested in the student's native language.

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

23  of registration, matriculation, and laboratory fees:

24         (a)  A student enrolled in a dual enrollment or early

25  admission program pursuant to s. 239.241.

26         (b)  A student enrolled in an approved apprenticeship

27  program, as defined in s. 446.021.

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

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

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

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

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

  2  from the Department of Children and Family Services after

  3  December 31, 1997. Such exemption includes fees associated

  4  with enrollment in vocational-preparatory college-preparatory

  5  instruction and completion of the college-level communication

  6  and computation skills testing program. Such exemption shall

  7  be available to any student adopted from the Department of

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

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

10  the date of graduation from high school.

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

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

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

14  receive student financial aid, including Job Training

15  Partnership Act or Family Support Act funds.  Schools and

16  community colleges shall help such students apply for

17  financial aid, but may not deny such students program

18  participation during the financial aid application process.

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

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

21  community college or school district for costs incurred for

22  WAGES clients.

23         (e)  A student who lacks a fixed, regular, and adequate

24  nighttime residence or whose primary nighttime residence is a

25  public or private shelter designed to provide temporary

26  residence for individuals intended to be institutionalized, or

27  a public or private place not designed for, or ordinarily used

28  as, a regular sleeping accommodation for human beings.

29         (5)  School districts and community colleges may waive

30  fees for any fee-nonexempt student. The total value of fee

31  waivers granted by the school district or community college

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  1  may not exceed the amount established annually in the General

  2  Appropriations Act. Any student whose fees are waived in

  3  excess of the authorized amount may not be reported for state

  4  funding purposes. Any school district or community college

  5  that waives fees and requests state funding for a student in

  6  violation of the provisions of this section shall be penalized

  7  at a rate equal to 2 times the value of the full-time student

  8  enrollment reported.

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

10  recommend to the State Board of Education no later than

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

12  development education funded through the Workforce Development

13  Education Fund. For students who are residents for tuition

14  purposes, the fee schedule shall be based on the amount of

15  student fees necessary to produce 25 percent of the prior

16  year's average cost of a program course of study leading to a

17  certificate or degree and 50 percent of the prior year's

18  average cost of a continuing workforce education course that

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

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

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

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

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

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

25  designed to lessen their impact upon students already

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

27  purposes must offset the full cost of instruction.

28  Fee-nonexempt students enrolled in vocational-preparatory

29  instruction shall be charged fees equal to the fees charged

30  for certificate career education instruction. Each community

31  college that conducts college-preparatory and

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  1  vocational-preparatory instruction in the same class section

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

  3         (b)  The State Board of Education shall adopt a fee

  4  schedule for school districts and community colleges that

  5  produces the fee revenues calculated pursuant to paragraph

  6  (a). The schedule so calculated shall take effect, unless

  7  otherwise specified in the General Appropriations Act.

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

  9  the definitions and procedures that school boards and

10  community colleges shall use in the calculation of cost borne

11  by students.  Such rule must define the cost of educational

12  programs as the product of semester enrollment counts times

13  the average instructional cost for the course of study,

14  divided by the number of semesters in the course of study. A

15  course of study is a single course or a series of two or more

16  courses leading to an occupational completion point, an

17  associate in applied technology degree, or an associate in

18  science degree.  The rule shall be developed in consultation

19  with the Legislature.

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

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

22  programs and certificate career education programs supported

23  through student fees.  If this review indicates that student

24  fees generate less than the percentage targeted for the

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

26  schedule of fee increases by December 31 for the following

27  fall semester.  For students who are residents for tuition

28  purposes, the schedule so adopted must produce revenues equal

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

30  college-preparatory and supplemental vocational programs and

31  10 percent of the prior year's program cost for certificate

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  1  career education and vocational preparatory programs.  The fee

  2  schedule for lifelong learning programs shall be based on

  3  student fees and nonstate funds necessary to produce 50

  4  percent of the prior year's cost of lifelong learning

  5  programs. State funds may not exceed 50 percent of the prior

  6  year's cost of lifelong learning programs.  The state board

  7  may not increase fees more than 10 percent for students who

  8  are residents for tuition purposes. Unless otherwise specified

  9  in the General Appropriations Act, the fee schedule shall take

10  effect and the college shall expend student fees on

11  instruction.  If the Legislature enacts a calculation

12  different than that adopted by the state board, the state

13  board shall adopt a fee schedule that generates the same

14  revenues as the calculation contained in the General

15  Appropriations Act.  Each community college board of trustees

16  shall establish matriculation, tuition, and noncredit fees

17  that may vary no more than 10 percent from the schedule

18  approved by the State Board of Education.  Fees for students

19  who are not residents for tuition purposes must offset the

20  full cost of instruction.

21         (b)  Students enrolled in college-preparatory

22  instruction shall pay fees equal to the fees charged for

23  college credit courses.  Students enrolled in the same

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

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

26  instruction and shall not be included in calculations of

27  full-time equivalent enrollments for state funding purposes;

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

29  extenuating circumstances may be granted an exception only

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

31  policy established by the board of trustees. Each community

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  1  college shall have the authority to review and reduce payment

  2  for increased fees due to continued enrollment in a

  3  college-preparatory class on an individual basis, contingent

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

  5  and fee levels established by the State Board of Community

  6  Colleges. Fee-nonexempt students enrolled in

  7  vocational-preparatory instruction shall be charged fees equal

  8  to the fees charged for certificate career education

  9  instruction. Each community college that conducts

10  college-preparatory and vocational-preparatory instruction in

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

12  of instruction.

13         (7)(8)  Each school board and community college board

14  of trustees may collect, for financial aid purposes, up to an

15  additional 10 percent of the student fees collected for

16  workforce development programs funded through the Workforce

17  Development Education Fund.  All fees collected shall be

18  deposited into a separate workforce development the student

19  financial aid fee trust fund of the district or community

20  college for the purpose of supporting students enrolled in

21  workforce development programs. Any undisbursed balance

22  remaining in the trust fund and interest income accruing to

23  investments from the trust fund shall increase the total funds

24  available for distribution to certificate career education

25  students.  Awards shall be based on student financial need and

26  distributed in accordance with a nationally recognized system

27  of need analysis approved by the State Board for Career

28  Education.  Fees collected pursuant to this subsection shall

29  be allocated in an expeditious manner.

30         (8)(9)  A district school board or a community college

31  board of trustees may charge other fees only as authorized by

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  1  rule of the State Board of Education or the State Board of

  2  Community Colleges.

  3         (9)(10)  The State Board of Education and the State

  4  Board of Community Colleges shall adopt rules to allow the

  5  deferral of registration and tuition fees for students

  6  receiving financial aid from a federal or state assistance

  7  program when such aid is delayed in being transmitted to the

  8  student through circumstances beyond the control of the

  9  student.  The failure to make timely application for such aid

10  is an insufficient reason to receive a deferral of fees.  The

11  rules must provide for the enforcement and collection or other

12  settlement of delinquent accounts.

13         (10)(11)  Any veteran or other eligible student who

14  receives benefits under chapter 30, chapter 31, chapter 32,

15  chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106

16  of Title 10, U.S.C., is entitled to one deferment each

17  academic year and an additional deferment each time there is a

18  delay in the receipt of benefits.

19         (11)(12)  Each school district and community college

20  shall be responsible for collecting all deferred fees.  If a

21  school district or community college has not collected a

22  deferred fee, the student may not earn state funding for any

23  course for which the student subsequently registers until the

24  fee has been paid.

25         (12)(13)  Any school district or community college that

26  reports students who have not paid fees in an approved manner

27  in calculations of full-time equivalent enrollments for state

28  funding purposes shall be penalized at a rate equal to 2 times

29  the value of such enrollments. Such penalty shall be charged

30  against the following year's allocation from the Florida

31  Workforce Development Education Fund or the Community College

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  1  Program Fund and shall revert to the General Revenue Fund.

  2  The State Board of Education shall specify, in rule, approved

  3  methods of student fee payment.  Such methods must include,

  4  but need not be limited to, student fee payment; payment

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

  6  employer fee payments.

  7         (13)(14)  Each school district and community college

  8  shall report only those students who have actually enrolled in

  9  instruction provided or supervised by instructional personnel

10  under contract with the district or community college in

11  calculations of actual full-time enrollments for state funding

12  purposes.  A student who has been exempted from taking a

13  course or who has been granted academic or vocational credit

14  through means other than actual coursework completed at the

15  granting institution may not be calculated for enrollment in

16  the course from which the student has been exempted or for

17  which the student has been granted credit. School districts

18  and community colleges that report enrollments in violation of

19  this subsection shall be penalized at a rate equal to 2 times

20  the value of such enrollments. Such penalty shall be charged

21  against the following year's allocation from the Workforce

22  Development Education Fund and shall revert to the General

23  Revenue Fund.

24         (14)(15)  School boards and community college boards of

25  trustees may establish scholarship funds using donations.  If

26  such funds are established, school boards and community

27  college boards of trustees shall adopt rules that provide for

28  the criteria and methods for awarding scholarships from the

29  fund.

30         (15)(16)  School boards and community college boards of

31  trustees may establish, by rule, a consumable supply fee for

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  1  postsecondary students enrolled in certificate career

  2  education or supplemental courses.

  3         (16)(17)  Each school board and community college board

  4  of trustees may establish a separate fee for capital

  5  improvements, technology enhancements, or equipping buildings

  6  which may not exceed 5 percent of the matriculation fee for

  7  resident students or 5 percent of the matriculation and

  8  tuition fee for nonresident students.  Funds collected by

  9  community colleges through these fees may be bonded only for

10  the purpose of financing or refinancing new construction of

11  educational facilities. The fee shall be collected as a

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

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

14  maintain, improve, or enhance the certificate career education

15  or adult education facilities of the school district or

16  community college. Projects funded through the use of the

17  capital improvement fee must meet the survey and construction

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

19  school board and community college board of trustees shall

20  identify each project, including maintenance projects,

21  proposed to be funded in whole or in part by such fee. Capital

22  improvement fee revenues may be pledged by a board of trustees

23  as a dedicated revenue source to the repayment of debt,

24  including lease-purchase agreements and revenue bonds, with a

25  term not to exceed 20 years, only for the new construction of

26  educational facilities. Community colleges may use the

27  services of the Division of Bond Finance of the State Board of

28  Administration to issue any bonds authorized through the

29  provisions of this subsection. Any such bonds issued by the

30  Division of Bond Finance shall be in compliance with the

31  provisions of the State Bond Act. Bonds issued pursuant to the

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  1  State Bond Act shall be validated in the manner provided by

  2  chapter 75. The complaint for such validation shall be filed

  3  in the circuit court of the county where the seat of state

  4  government is situated, the notice required to be published by

  5  s. 75.06 shall be published only in the county where the

  6  complaint is filed, and the complaint and order of the circuit

  7  court shall be served only on the state attorney of the

  8  circuit in which the action is pending. A maximum of 15 cents

  9  per credit hour may be allocated from the capital improvement

10  fee for child care centers conducted by the school board or

11  community college board of trustees.

12         Section 7.  Subsection (2) of section 239.213, Florida

13  Statutes, is amended to read:

14         239.213  Vocational-preparatory instruction.--

15         (2)  Students who enroll in a certificate career

16  education program of 450 hours or more shall complete an

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

18  into the program.  The state board shall designate

19  examinations that are currently in existence, the results of

20  which are comparable across institutions, to assess student

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

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

23  vocational-preparatory instruction or adult basic education

24  for a structured program of basic skills instruction. Such

25  instruction may include English for speakers of other

26  languages.  A student may not receive a certificate of

27  vocational program completion prior to demonstrating the basic

28  skills required in the state curriculum frameworks for the

29  vocational program.

30         Section 8.  Subsection (2) of section 239.229, Florida

31  Statutes, is amended to read:

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  1         239.229  Vocational standards.--

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

  3  accountability for career education within elementary and

  4  secondary schools includes, but is not limited to:

  5         1.  Student exposure to a variety of careers and

  6  provision of instruction to explore specific careers in

  7  greater depth.

  8         2.  Student awareness of available vocational programs

  9  and the corresponding occupations into which such programs

10  lead.

11         3.  Student development of individual career plans.

12         4.  Integration of academic and vocational skills in

13  the secondary curriculum.

14         5.  Student preparation to enter the workforce and

15  enroll in postsecondary education without being required to

16  complete college-preparatory or vocational-preparatory

17  instruction.

18         6.  Student retention in school through high school

19  graduation.

20         7.  Vocational curriculum articulation with

21  corresponding postsecondary programs in the local area

22  technical center or community college, or both.

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

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

25  accountability for certificate career education and diploma

26  programs includes, but is not limited to:

27         1.  Student demonstration of the academic skills

28  necessary to enter an occupation.

29         2.  Student preparation to enter an occupation in an

30  entry-level position or continue postsecondary study.

31

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  1         3.  Vocational program articulation with other

  2  corresponding postsecondary programs and job training

  3  experiences.

  4         4.  Employer satisfaction with the performance of

  5  students who complete workforce development education reach

  6  occupational completion points.

  7         5.  Student completion, and placement, and retention

  8  rates as defined in s. 239.233.

  9         (c)  Department of Education accountability for career

10  education includes, but is not limited to:

11         1.  The provision of timely, accurate technical

12  assistance to school districts and community colleges.

13         2.  The provision of timely, accurate information to

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

15  public.

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

17  that facilitate institutional attainment of the accountability

18  standards and coordinate the efforts of all divisions within

19  the department.

20         4.  The development of program standards and

21  industry-driven benchmarks for vocational, adult, and

22  community education programs.

23         5.  Overseeing school district and community college

24  compliance with the provisions of this chapter.

25         6.  Ensuring that the educational outcomes for the

26  technical component of workforce development programs the

27  associate in science degree, the associate in applied

28  technology degree, and secondary vocational job-preparatory

29  programs are shall be uniform and designed to provide a

30  graduate of high quality who is capable of entering the

31

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  1  workforce on an equally competitive basis regardless of the

  2  institution of choice.

  3         Section 9.  Paragraph (a) of subsection (1) of section

  4  239.233, Florida Statutes, is amended to read:

  5         239.233  Reporting requirements.--

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

  7  system of performance measures in order to evaluate the

  8  vocational and technical education programs as required in s.

  9  239.229.  This system must measure program enrollment,

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

11  the time of placement.  Placement and employment information,

12  where applicable, shall contain data relevant to job

13  retention, including retention rates.  The State Board of

14  Education shall adopt by rule the specific measures and any

15  definitions needed to establish the system of performance

16  measures.

17         Section 10.  Subsection (2) of section 239.249, Florida

18  Statutes, is amended to read:

19         239.249  Market-driven, performance-based incentive

20  funding for vocational and technical education programs.--

21         (2)  The Jobs and Education Partnership shall provide

22  oversight and advice to improve the outcomes of courses and

23  programs designed for degree education and workforce

24  development provided by public school districts and community

25  colleges. Annually, the partnership shall make recommendations

26  to the State Board of Education and the Legislature regarding

27  grant programs and funding incentives designed to improve

28  vocational and technical education programs.

29         Section 11.  Paragraph (c) of subsection (4) and

30  paragraph (a) of subsection (5) of section 239.301, Florida

31  Statutes, are amended to read:

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  1         239.301  Adult general education.--

  2         (4)

  3         (c)  The State Board of Education shall define, by

  4  rule, the levels and courses of instruction to be funded

  5  through the college-preparatory program. The state board shall

  6  coordinate the establishment of costs for college-preparatory

  7  courses, the establishment of statewide standards that define

  8  required levels of competence, acceptable rates of student

  9  progress, and the maximum amount of time to be allowed for

10  completion of college-preparatory instruction.

11  College-preparatory instruction is part of an associate in

12  arts or an associate in science degree program and may not be

13  funded as a workforce development education program.

14         (5)(a)  An educational program for disabled adults may

15  be conducted within and funded through the Workforce

16  Development Education Fund, or the Community College Program

17  Fund, or as otherwise provided in law.  Each school board or

18  community college board of trustees that has an educational

19  program for disabled adults shall submit a plan to the

20  commissioner which includes, at a minimum:

21         1.  A description of the population to be served and an

22  estimation of the number of such students. The description and

23  estimation must be provided for adults with disabilities as

24  defined in s. 239.105 and for adults with disabilities who do

25  not meet that definition.

26         2.  A description of the courses and programs in the

27  program, including corresponding expected student outputs and

28  outcomes.

29         3.  Provision for individualized educational plans and

30  periodic student evaluation.

31

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  1         4.  An interagency memorandum of agreement that

  2  provides for the coordination of adult education, career

  3  education, exceptional student education, the Department of

  4  Children and Family Services, vocational rehabilitation, and

  5  other local organizations whose adult disabled clients

  6  participate in the program.

  7         5.  Provision for coordination of services, if both the

  8  community college and one or more school districts within the

  9  service area have approved programs for disabled adults.

10         6.  Provision for a single administrator for adult

11  courses and programs for the disabled.

12         Section 12.  Subsections (1) and (2) of section

13  240.115, Florida Statutes, are amended to read:

14         240.115  Articulation agreement; acceleration

15  mechanisms.--

16         (1)(a)  Articulation between secondary and

17  postsecondary education; admission of associate in arts degree

18  graduates from Florida community colleges and state

19  universities; admission of applied technology diploma program

20  graduates from Florida community colleges; admission of

21  associate in science degree and associate in applied science

22  degree graduates from Florida community colleges; the use of

23  acceleration mechanisms, including nationally standardized

24  examinations through which students may earn credit; general

25  education requirements and common course code numbers as

26  provided for in s. 229.551(1)(f)4.; and articulation among

27  programs in nursing shall be governed by the articulation

28  agreement, as established by the Department of Education.

29         (b)  The articulation agreement must specifically

30  provide that every associate in arts graduate of a Florida

31  community college shall have met all general education

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  1  requirements and must be granted admission to the upper

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

  3  teacher certification program or a major program requiring an

  4  audition.  After admission has been granted to students under

  5  provisions of this section and to university students who have

  6  successfully completed 60 credit hours of coursework,

  7  including 36 hours of general education, and met the

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

  9  State University System and Florida community college students

10  who have successfully completed 60 credit hours of work,

11  including 36 hours of general education.  Community college

12  associate in arts graduates shall receive priority for

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

14  Orientation programs and student handbooks provided to

15  freshman enrollees and transfer students at state universities

16  must include an explanation of this provision of the

17  articulation agreement.

18         (c)  The articulation agreement must guarantee the

19  statewide articulation of appropriate workforce development

20  programs and courses between school districts and community

21  colleges and specifically provide that every applied

22  technology diploma graduate must be granted admission to an

23  associate in science degree or associate in applied science

24  degree program unless it is a limited access program.

25  Preference for admission shall be given to graduates who are

26  residents of the State of Florida.

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

28  must guarantee the statewide articulation of appropriate

29  courses within associate in science degree programs to

30  baccalaureate degree programs, according to standards

31  established by the Articulation Coordinating Committee after

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

  2  Community Colleges.  Courses within an associate in applied

  3  science degree program may articulate into a baccalaureate

  4  degree program on an individual or block basis as provided for

  5  in local interinstitutional articulation agreements.

  6         (e)(b)  Any student who transfers among regionally

  7  accredited postsecondary institutions that are fully

  8  accredited by a regional or national accrediting agency

  9  recognized by the United States Department of Education, and

10  that participate in the common course designation and

11  numbering system, shall be awarded credit by the receiving

12  institution for courses satisfactorily completed by the

13  student at the previous institutions.  Credit shall be awarded

14  only if the courses are judged by the appropriate common

15  course designation and numbering system faculty task force

16  representing school district technical centers, community

17  colleges, public universities, and participating private

18  postsecondary education institutions to be academically

19  equivalent to courses offered at the receiving institution,

20  including consideration of faculty credentials, regardless of

21  the public or nonpublic control of the previous institution.

22  The award of credit may be limited to courses that are entered

23  in the common course designation and numbering system. Credits

24  awarded pursuant to this subsection shall satisfy

25  institutional requirements on the same basis as credits

26  awarded to native students.

27         (2)  The universities, community college district

28  boards of trustees, and district school boards are authorized

29  to establish intrainstitutional and interinstitutional

30  programs to maximize this articulation.  Programs may include

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

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  1  distance learning, transfer agreements which facilitate the

  2  transfer of credits between public and nonpublic postsecondary

  3  institutions, and the concurrent enrollment of students at a

  4  community college and a state university to enable students to

  5  take any level of baccalaureate degree coursework. Should the

  6  establishment of these programs necessitate the waiver of

  7  existing State Board of Education rules, reallocation of

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

  9  college or university shall submit the proposed articulation

10  program to the State Board of Education for review and

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

12  its rules and make appropriate reallocations, revisions, or

13  modifications in accordance with the above.

14         Section 13.  Paragraph (b) of subsection (3) of section

15  240.301, Florida Statutes, is amended to read:

16         240.301  Community colleges; definition, mission, and

17  responsibilities.--

18         (3)  The primary mission and responsibility of public

19  community colleges is responding to community needs for

20  postsecondary academic education and degree career education.

21  This mission and responsibility includes being responsible

22  for:

23         (b)  Preparing students directly for vocations

24  requiring less than baccalaureate degrees. This may include

25  preparing for job entry, supplementing of skills and

26  knowledge, and responding to needs in new areas of technology.

27  Career education in the community college shall consist of

28  certificate career education programs leading to certificates

29  for occupational completion points, applied technology

30  diplomas, credit courses leading to associate in science

31  degrees and associate in applied science technology degrees,

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  1  and other programs in fields requiring substantial academic

  2  work, background, or qualifications. A community college may

  3  offer vocational programs in fields having lesser academic or

  4  technical requirements.

  5         Section 14.  Section 240.35, Florida Statutes, as

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

  7  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 leading to an associate in arts

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

12  associate in science degree and noncollege credit, including

13  college-preparatory courses defined in s. 239.105.

14         (1)  The State Board of Community Colleges shall

15  establish the matriculation and tuition fees for

16  college-preparatory instruction and for credit instruction

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

18  associate in applied science degree, or an associate in

19  science degree. This instruction includes advanced programs

20  and professional programs.

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

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

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

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

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

26  from the Department of Children and Family Services after

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

28  undergraduate fees, including fees associated with enrollment

29  in college-preparatory instruction or completion of the

30  college-level communication and computation skills testing

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

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

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

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

  4  to any student adopted from the Department of Children and

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

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

  7  date of graduation from high school.

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

  9  this subsection shall receive such an exemption for not more

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

11  participating in college-preparatory instruction or requires

12  additional time to complete the college-level communication

13  and computation skills testing program.  Such a student is

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

15  consecutive years or 6 semesters.

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

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

18  4.0 scale for the previous term, maintain at least an overall

19  2.0 average for college work, or have an average below 2.0 for

20  only the previous term and be eligible for continued

21  enrollment in the institution.

22         (3)  Students enrolled in dual enrollment and early

23  admission programs under s. 240.116 and students enrolled in

24  employment and training programs under the WAGES Program are

25  exempt from the payment of registration, matriculation, and

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

27  within calculations of fee-waived enrollments. The community

28  college shall assist a student under the WAGES Program in

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

30  student under the WAGES Program may not be denied

31  participation in programs during the application process for

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

  2  coalition shall pay the community college for costs incurred

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

  4  program. Other fee-exempt instruction provided under this

  5  subsection generates an additional one-fourth full-time

  6  equivalent enrollment.

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

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

  9         (b)  Community colleges may waive fees for any

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

11  excess of the amount authorized annually in the General

12  Appropriations Act may not be included in calculations of

13  full-time equivalent enrollments for state funding purposes.

14  Any community college that waives fees and requests state

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

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

17  value of the full-time equivalent student enrollment reported

18  served.  Such penalty shall be charged against the following

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

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

21  Board of Education, the State Board of Community Colleges

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

23  schedule for the following fall for advanced and professional,

24  associate in applied science degree, associate in science

25  degree vocational education, and college-preparatory programs

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

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

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

29  students which exceeds 10 percent. Fees for courses in

30  college-preparatory programs and associate in arts and

31  associate in science degree programs may be established at the

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

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

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

  4  Legislature provides for an alternative fee calculation in an

  5  appropriations act, the board shall establish a fee schedule

  6  that produces the fee revenue established in the

  7  appropriations act based on the assigned enrollment.

  8         (6)  Each community college board of trustees shall

  9  establish matriculation and tuition fees, which may vary no

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

11  State Board of Community Colleges.

12         (7)  The sum of nonresident student matriculation and

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

14  each program.  The annual fee increases for nonresident

15  students established by the board, in the absence of

16  legislative action to the contrary in an appropriations act,

17  may not exceed 25 percent.

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

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

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

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

22  educational programs based on the allocation of all funds

23  provided through the general current fund to programs of

24  instruction, and other activities as provided in the annual

25  expenditure analysis.  The rule shall be developed in

26  consultation with the Legislature.

27         (9)  Each community college district board of trustees

28  may establish a separate activity and service fee not to

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

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

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

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  1  registration and tuition fees. The student activity and

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

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

  4  purposes to benefit the student body in general. These

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

  6  and grants to duly recognized student organizations, the

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

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

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

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

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

12  matriculation fees collected.  Each community college may

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

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

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

16  that charges tuition and matriculation fees at least equal to

17  the average fees established by rule may transfer from the

18  general current fund to the scholarship fund an amount equal

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

20  the total financial aid fee assessment.  No other transfer

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

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

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

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

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

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

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

28  may be carried forward unexpended to the following fiscal

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

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

31

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  1  balance of funds carried forward unexpended to the following

  2  fiscal year.

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

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

  5  students who demonstrate academic merit, who participate in

  6  athletics, public service, cultural arts, and other

  7  extracurricular programs as determined by the institution, or

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

  9  minority population.  The financial aid fee revenues allocated

10  for athletic scholarships and fee exemptions provided pursuant

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

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

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

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

15  shall be used for academic merit purposes and other purposes

16  approved by the district boards of trustees.  Such other

17  purposes shall include the payment of child care fees for

18  students with financial need.  The State Board of Community

19  Colleges shall develop criteria for making financial aid

20  awards.  Each college shall report annually to the Department

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

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

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

24  financial need shall be distributed in accordance with a

25  nationally recognized system of need analysis approved by the

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

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

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

29  award and renewal of the award.

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

31  administrative purposes or salaries.

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  1         (11)  Any community college that reports students who

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

  3  full-time equivalent enrollments for state funding purposes

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

  5  such enrollments.  Such penalty shall be charged against the

  6  following year's allocation from the Community College Program

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

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

  9  approved methods of student fee payment.  Such methods shall

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

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

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

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

14  Education.

15         (12)  Each community college shall report only those

16  students who have actually enrolled in instruction provided or

17  supervised by instructional personnel under contract with the

18  community college in calculations of actual full-time

19  equivalent enrollments for state funding purposes.  No student

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

21  granted academic or vocational credit through means other than

22  actual coursework completed at the granting institution shall

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

24  she has been exempted or granted credit. Community colleges

25  that report enrollments in violation of this subsection shall

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

27  enrollments.  Such penalty shall be charged against the

28  following year's allocation from the Community College Program

29  Fund and shall revert to the General Revenue Fund.

30         (13)  Each community college board of trustees may

31  establish a separate fee for capital improvements or equipping

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

  2  credit-hour equivalent for residents and which equals or

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

  4  by community colleges through these fees may be bonded only

  5  for the purpose of financing or refinancing new construction

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

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

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

  9  maintain, improve, or enhance the educational facilities of

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

11  capital improvement fee shall meet the survey and construction

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

13  community college shall identify each project, including

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

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

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

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

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

19  for the new construction of educational facilities. Community

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

21  of the State Board of Administration to issue any bonds

22  authorized through the provisions of this subsection. Any such

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

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

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

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

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

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

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

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

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

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

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

  3  the capital improvement fee for child care centers conducted

  4  by the community college.

  5         (14)  Each community college is authorized to grant

  6  student fee exemptions from all fees adopted by the State

  7  Board of Community Colleges and the community college board of

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

  9  institution.

10         Section 15.  Paragraph (b) of subsection (1) of section

11  240.359, Florida Statutes, is amended to read:

12         240.359  Procedure for determining state financial

13  support and annual apportionment of state funds to each

14  community college district.--The procedure for determining

15  state financial support and the annual apportionment to each

16  community college district authorized to operate a community

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

18  follows:

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

20  COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING

21  PROGRAM.--

22         (b)  The allocation of funds for community colleges

23  shall be based on advanced and professional disciplines,

24  college-preparatory programs, associate in applied science

25  degree programs, associate in science degree programs, and on

26  other programs for adults funded pursuant to s. 239.115.

27         Section 16.  Subsection (1) of section 246.013, Florida

28  Statutes, is amended to read:

29         246.013  Participation in the common course designation

30  and numbering system.--

31

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  1         (1)  Nonpublic college credit granting postsecondary

  2  colleges and schools that have been issued a regular license

  3  pursuant to s. 246.081(2) or (3) or s. 246.215(1), or

  4  nonpublic college credit granting postsecondary colleges that

  5  are exempt from state licensure pursuant to s. 246.085(1)(a),

  6  and that are fully accredited by a regional or national

  7  accrediting agency recognized by the United States Department

  8  of Education, or nonpublic college credit granting

  9  postsecondary colleges that are exempt from state licensure

10  pursuant to s. 246.085(1)(b), member of the Commission on

11  Colleges of the Southern Association of Colleges and Schools

12  and accredited nonpublic postsecondary colleges exempt from

13  state licensure pursuant to s. 246.085(1)(a) may participate

14  in the common course designation and numbering system pursuant

15  to s. 229.551. Participating colleges and schools shall bear

16  the costs associated with inclusion in the system and shall

17  meet the terms and conditions for institutional participation

18  in the system. The department shall adopt a fee schedule that

19  includes the expenses incurred through data processing,

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

21  support time. Such fee schedule may differentiate between the

22  costs associated with initial course inclusion in the system

23  and costs associated with subsequent course maintenance in the

24  system. Decisions regarding initial course inclusion and

25  subsequent course maintenance shall be made within 120 days

26  after submission of the required materials and fees by the

27  institution.  Any college currently participating in the

28  system, and that participated in the system prior to July 1,

29  1986, shall not be required to pay the costs associated with

30  initial course inclusion in the system. Fees collected for

31  participation in the common course designation and numbering

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  1  system pursuant to the provisions of this section shall be

  2  deposited in the Institutional Assessment Trust Fund created

  3  by s. 246.31. The Legislature finds and declares that

  4  independent nonprofit colleges and universities eligible to

  5  participate in the Florida resident access grant program

  6  pursuant to s. 240.605 are an integral part of the higher

  7  education system in this state and that a significant number

  8  of state residents choose this form of higher education. Any

  9  independent college or university that is eligible to

10  participate in the Florida resident access grant program shall

11  not be required to pay the costs associated with participation

12  in the common course designation and numbering system.

13         Section 17.  Subsections (2) and (3) of section

14  446.052, Florida Statutes, are amended to read:

15         446.052  Preapprenticeship program.--

16         (2)  The Division of Workforce Development Public

17  Schools and Community Education of the Department of

18  Education, under regulations established by the State Board of

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

20  446.011-446.092 that relate to preapprenticeship programs in

21  cooperation with district school boards and community college

22  district boards of trustees. District school boards, community

23  college district boards of trustees, and registered program

24  sponsors shall cooperate in developing and establishing

25  programs that include vocational instruction and general

26  education courses required to obtain a high school diploma.

27         (3)  The Division of Workforce Development Public

28  Schools and Community Education, the district school boards,

29  the community college district boards of trustees, and the

30  Division of Jobs and Benefits shall work together with

31  existing registered apprenticeship programs so that

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  1  individuals completing such preapprenticeship programs may be

  2  able to receive credit towards completing a registered

  3  apprenticeship program.

  4         Section 18.  (1)  The State Board of Community Colleges

  5  shall investigate issues associated with the encouragement of

  6  a joint-use facilities model for workforce development

  7  programs by community colleges and school districts which

  8  mirrors the joint-use facilities model utilized by the State

  9  University System in conjunction with the State Community

10  College System.

11         (2)  The board shall report findings and

12  recommendations to the Legislature by December 1, 1998.

13         Section 19.  (1)  The Commissioner of Education shall

14  investigate issues associated with:

15         (a)  The dissemination of information to all

16  stakeholders concerning the new workforce development system.

17         (b)  The design of a system that will enable local

18  institutions to respond rapidly to the needs of business and

19  industry for the development of new programs.

20         (c)  The adoption of common reporting formats,

21  consistent Workforce Development Information System data

22  element definitions, a single database, and reporting window

23  time periods.

24         (d)  The establishment of a workforce development

25  information system review committee which shall review and

26  recommend adoption of, and changes to, Workforce Development

27  Information System data elements; edit or report data; and

28  develop methods to be used in reporting workforce development

29  performances for funding and overall performance reviews. The

30  work of the review committee shall coordinate with the

31

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  1  performance tiers developed by the Jobs and Education

  2  Partnership.

  3         (e)  The expansion of the electronic transcript system

  4  to include new elements related to workforce development.

  5         (f)  Data collection and the implementation of funding

  6  mechanisms that fund performance outputs and outcomes for

  7  occupational completion points and literacy completion points.

  8         (2)  The Commissioner of Education and the Jobs and

  9  Education Partnership shall investigate the feasibility of the

10  consolidation of state and federal workforce development funds

11  into one common administrative entity.

12         (3)  The Commissioner of Education, the State Board of

13  Community Colleges, and the Board of Regents shall petition

14  and work with accrediting agencies to ensure acceptance of

15  Florida's articulation process, the applied technology

16  diploma, and the associate in science degree.

17         (4)  The Commissioner of Education and the State Board

18  of Community Colleges shall review statutes and rules related

19  to workforce development education with the intent of

20  eliminating duplicative reporting of vocational and adult

21  education data.

22         (5)  The Commissioner of Education shall report to the

23  Legislature before December 31, 1998, on the progress of the

24  implementation of the provisions of this section and any final

25  recommendations for statutory or policy changes.

26         Section 20.  The Employment Task Force for Adults with

27  Disabilities shall be established.

28         (1)  The task force shall be composed of:

29         (a)  The Secretary of Children and Family Services, or

30  an appointed designee.

31

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  1         (b)  The Secretary of Labor and Employment Security, or

  2  an appointed designee.

  3         (c)  The Commissioner of Education, or an appointed

  4  designee.

  5         (d)  The executive director of the State Board of

  6  Community Colleges, or an appointed designee.

  7         (e)  The president of the Jobs and Education

  8  Partnership.

  9         (f)  The executive director of the WAGES Program State

10  Board of Directors.

11         (g)  Three individuals with disabilities who currently

12  receive adult basic education instruction and vocational

13  education instruction, to be selected by the Advocacy Center

14  for Persons with Disabilities.

15         (h)  Three vocational education instructors, to be

16  selected by the Commissioner of Education.

17         (i)  A representative of a local educational agency, to

18  be selected by the Commissioner of Education.

19         (j)  A representative from two community organizations

20  that serve individuals with disabilities and provide

21  vocational education to adults with disabilities through

22  contract with local educational agencies. These

23  representatives shall be selected by the Commissioner of

24  Education.

25         (k)  The executive director of the Florida

26  Developmental Disabilities Council.

27

28  The selections made by the Commissioner of Education shall

29  ensure representation on the task force with a broad spectrum

30  of persons, or organizations serving persons, with

31  disabilities, including, but not limited to, persons who are

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  1  developmentally delayed, blind, deaf, physically challenged,

  2  and persons with multiple disabilities.

  3         (2)  The task force shall be housed in the Department

  4  of Education which shall provide the necessary staffing to

  5  support the mission of the task force.

  6         (3)  Members of the task force shall not be entitled to

  7  compensation for their services, but shall be reimbursed for

  8  travel expenses as provided in s. 112.061, Florida Statutes.

  9         (4)  The Commissioner of Education, or the

10  commissioner's designee, shall serve as the chair of the task

11  force.

12         (5)  The task force shall review available data on

13  funding for adults with disabilities, as defined in s.

14  239.105, Florida Statutes. If current data is insufficient,

15  the task force shall develop and initiate the collection of

16  accurate data. Once accurate data is acquired, and a cost for

17  serving this population has been identified, the task force

18  shall recommend the best source of funding to serve this

19  vulnerable population in the future.

20         (6)  The task force shall evaluate issues regarding the

21  appropriate funding for the delivery of adult general

22  education and postsecondary vocational education for adults

23  with disabilities.

24         (7)  The task force shall evaluate the recommendations

25  made in the final report to the Legislature by the

26  Commissioner's Task Force on Workforce Development relating to

27  curriculum and outcomes, eligibility criteria, teacher

28  requirements, and student-to-staff ratios of the adults with

29  disabilities workforce program. The task force shall evaluate

30  these recommendations to ensure that the levels are consistent

31  with the abilities of the defined population and do not

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  1  preclude any individual capable of working toward competitive

  2  employment from participating in workforce programs.

  3         (8)  Prior to completing its mission, the task force

  4  shall hold public hearings in a minimum of four locations,

  5  geographically spread out through Florida, to allow affected

  6  parties the opportunity for input. These meetings must be held

  7  at locations that are accessible to individuals with

  8  disabilities, as defined under the Americans with Disabilities

  9  Act.

10         (9)  The task force shall submit a final report to the

11  Commissioner of Education no later than December 1, 1998.

12         (10)  Based on the task force report, the commissioner

13  shall submit a final report, including a summary of the task

14  force conclusions and recommended funding and substantive

15  statutory changes, to the President of the Senate, the Speaker

16  of the House of Representatives, and the appropriate

17  committees of both houses no later than January 1, 1999.

18         Section 21.  Except as otherwise provided herein, this

19  act shall take effect July 1 of the year in which enacted.

20

21

22

23

24

25

26

27

28

29

30

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  1            *****************************************

  2
                         ADDITIONAL SPONSORS
  3

  4  Logan, Betancourt, Frankel, Jacobs, Edwards, Rojas,

  5  Roberts-Burke, Bush, Bullard, Barreiro, Lynn, Fuller, Murman,

  6  Dockery, Argenziano, Mackey, Smith, Culp, Andrews, Turnbull,

  7  Thrasher, Warner, Mackenzie, Dennis, Cosgrove, Valdes, Garcia,

  8  Wasserman Schultz, Peaden, Maygarden, Ritchie, Horan,

  9  Burroughs, Melvin, Bloom, Lippman, Morroni, Tamargo, Spratt

10  and Minton

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

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