House Bill 4131e1
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CS/HB 4131, First Engrossed/ntc
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;
1
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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
2
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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
3
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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
8
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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.
12
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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
13
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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. Performance output measures for
22 registered apprenticeship programs shall be based on program
23 lengths that coincide with lengths established pursuant to the
24 requirements of chapter 446.
25 2. The performance output measure for an adult general
26 education course of study is measurable improvement in student
27 skills. This measure shall include improvement in literacy
28 skills, grade level improvement as measured by an approved
29 test, or attainment of a general educational development
30 diploma or an adult high school diploma.
31
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1 (c) The performance outcome measures for programs
2 funded through the Workforce Development Education Fund are
3 associated with placement and retention of students after
4 completion of a program course of study. These measures
5 include placement or retention in employment that is related
6 to the program course of study; placement into or retention in
7 employment in an occupation on the Occupational Forecasting
8 Conference list of high-wage, high-skill occupations with
9 sufficient openings; and placement and retention of WAGES
10 clients or former WAGES clients; and retention in employment
11 of former WAGES clients. Placement and retention must be
12 reported pursuant to ss. 229.8075 and 239.233.
13 (5) State funding and student fees for workforce
14 development instruction funded through the Workforce
15 Development Education Fund shall be established as follows:
16 (a) For a continuing workforce education course, state
17 funding shall equal 50 percent of the cost of instruction,
18 with student fees, business support, quick-response training
19 funds, or other means making up the remaining 50 percent.
20 (b) For all other workforce development education
21 funded through the Workforce Development Education Fund, state
22 funding shall equal 75 percent of the average cost of
23 instruction with the remaining 25 percent made up from student
24 fees. Fees for courses within a program shall not vary
25 according to the cost of the individual program, but instead
26 shall be based on a uniform fee calculated and set at the
27 state level, as adopted by the State Board of Education,
28 unless otherwise specified in the General Appropriations Act.
29 (c) For fee-exempt students pursuant to s. 239.117,
30 unless otherwise provided for in law, state funding shall
31 equal 100 percent of the average cost of instruction.
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1 (6) The Jobs and Education Partnership, in
2 consultation with the Division of Community Colleges and the
3 Division of Workforce Development, shall provide advice to
4 improve the outcomes of courses and programs designed for
5 workforce development provided by public school districts and
6 community colleges. Annually, the Jobs and Education
7 Partnership shall make recommendations to the Legislature
8 regarding programs and funding incentives designed to improve
9 postsecondary vocational and adult education programs.
10 (7) Beginning fiscal year 1999-2000, a school district
11 or a community college that provides workforce development
12 education funded through the Workforce Development Education
13 Fund shall receive funds in accordance with distributions for
14 base and performance funding established by the Legislature in
15 the General Appropriations Act, pursuant to the following
16 conditions:
17 (a) Base funding shall not exceed 85 percent of the
18 current fiscal year total Workforce Development Education Fund
19 allocation, which shall be distributed by the Legislature in
20 the General Appropriations Act based on the previous fiscal
21 year enrollment data, after application of program cost
22 factors, standardized program lengths, and school district and
23 community college district cost differentials. The cost
24 category of a course that is part of a vocational program or
25 an adult general education program is the same as that of the
26 program. For years 1999-2000, school districts and community
27 colleges shall be awarded base funding on 1998-1999
28 enrollment.
29 (b) Performance funding shall be at least 15 percent
30 of the current fiscal year total Workforce Development
31 Education Fund allocation, which shall be distributed by the
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1 Legislature in the General Appropriations Act based on
2 previous fiscal year achievement of output and outcomes in
3 accordance with formulas adopted pursuant to subsection (9).
4 For fiscal year 1999-2000, school districts and community
5 colleges shall be awarded funds pursuant to this paragraph
6 based on performance output and outcome data for fiscal year
7 1998-1999.
8 (8) A school district or community college that earns
9 performance funding must use the money to benefit the
10 postsecondary vocational and adult education programs it
11 provides. The money may be used for equipment upgrades,
12 program expansions, or any other use that would result in
13 workforce development program improvement. The school board or
14 community college board of trustees may not withhold any
15 portion of the performance funding for indirect costs. Funds
16 awarded pursuant to this section may be carried across fiscal
17 years and shall not revert to any other fund maintained by the
18 school board or community college board of trustees.
19 (9) The Department of Education, in conjunction with
20 the Jobs and Education Partnership and the Florida Education
21 and Training Placement Information Program office, shall
22 provide the Legislature with recommended formulas, criteria,
23 timeframes, and mechanisms for distributing performance funds.
24 The Legislature shall adopt a formula and distribute the
25 performance funds to the Division of Community Colleges and
26 the Division of Workforce Development through the General
27 Appropriations Act. These recommendations shall be based on
28 formulas that would discourage low-performing or low-demand
29 programs and encourage through performance funding awards:
30 (a) Programs that prepare people to enter high-wage
31 occupations identified by the Occupational Forecasting
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1 Conference created by s. 216.136 and other programs as
2 approved by the Jobs and Education Partnership. At a minimum,
3 performance incentives shall be calculated for adults who
4 complete programs that lead to specified high-wage employment
5 and to their placement in that employment.
6 (b) Programs that successfully prepare adults who are
7 eligible for public assistance, economically disadvantaged,
8 disabled, not proficient in English, or dislocated workers for
9 high-wage occupations. At a minimum, performance incentives
10 shall be calculated for the program completion of adults
11 identified in this paragraph and job placement of such adults
12 upon program completion.
13 (c) Programs identified by the Jobs and Education
14 Partnership as increasing the effectiveness and cost
15 efficiency of education.
16 (10) The Jobs and Education Partnership, upon the
17 recommendation of a regional workforce development board, may
18 expand the occupations that are included in performance
19 funding. Occupations so identified must meet needs created by
20 local emergencies, plant closings, or other measurable
21 regional needs or demands. The Jobs and Education Partnership
22 may also add occupations to the list of recommendations
23 produced by the Occupational Forecasting Conference if the
24 Quick-Response Advisory Committee recommends them as emerging
25 occupations according to s. 288.047.
26 (5) Initial state funding is generated by student
27 enrollment in a course of study. When the student completes
28 the course of study or the program, the agency may collect the
29 remaining state funding. This subsection takes effect July 1,
30 1998.
31
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1 (6) The total state funding entitlement for each
2 course of study is determined by its length, the output
3 measures, and its cost category. The district cost
4 differential, as established annually in the General
5 Appropriations Act, must be applied to the appropriation for
6 the workforce development education fund.
7 (a)1. For a course that does not result in an
8 occupational completion point, state funding equals 50 percent
9 of the cost of the course, with student fees, business
10 support, quick-response training funds, or other means making
11 up the remaining 50 percent.
12 2. For a program that results in an occupational
13 completion point, an educational agency may collect 100
14 percent of the cost of the program, with 85 percent generated
15 from a combination of student fees and state support during a
16 student's enrollment, and the remaining 15 percent generated
17 upon the student's reaching an occupational completion point
18 or completing the program.
19 (b) Student output measures for adult education
20 instruction consist of improvement in literacy skills, grade
21 level improvement as measured by an approved test, or
22 attainment of a general education development diploma or an
23 adult high school diploma.
24 (c) The cost category of a course that is part of a
25 vocational program or an adult general education program is
26 the same as that of the program. This subsection takes effect
27 July 1, 1998.
28 (7) When a student reaches an occupational completion
29 point or completes a program, the educational agency shall
30 first collect the remainder of the total state funding
31 entitlement and may be eligible for additional incentive funds
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1 generated by student outcome measures. However, the total
2 funding earned by an educational agency under the formula,
3 including state funding and student fees, may not exceed 125
4 percent of the calculated program cost. Any funds earned in
5 excess of program cost must be expended to improve the
6 program. This subsection takes effect July 1, 1998.
7 (8) For each course of study, an educational agency
8 that serves students in workforce education programs shall
9 submit an enrollment count each semester, which shall replace
10 the full-time equivalent student enrollment used by the
11 Florida Education Finance Program and the enrollment
12 calculation used by the Community College Program Fund. The
13 Division of Workforce Development shall calculate the funding
14 entitlement for that semester by a date established by the
15 Department of Education. This subsection takes effect July 1,
16 1998.
17 (9) A school district or a community college that
18 provides workforce development education shall receive initial
19 funding for each student in the semester in which the student
20 enrolls. During each subsequent semester, a funding
21 entitlement shall be calculated for each student by
22 subtracting the student fee amount from the total funding
23 amount for the course of study in its assigned cost category.
24 The semester funding amount is 85 percent of the cost of the
25 program, including student fees, divided by the number of
26 semesters in the course of study. When a student reaches an
27 occupational completion point or completes a course, the
28 educational agency shall collect the difference between the
29 total state funding entitlement and the amount in state
30 funding already paid. A student may not generate funding for
31
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1 any semester in which the student is not enrolled. This
2 subsection takes effect July 1, 1998.
3 (11) The Legislature recognizes that the need for
4 school districts and community colleges to be able to respond
5 to emerging local or statewide economic development needs is
6 critical to the workforce development system. The Workforce
7 Development Capitalization Incentive Grant Program is created
8 to provide grants to school districts and community colleges
9 on a competitive basis to fund some or all of the costs
10 associated with the creation or expansion of workforce
11 development programs which serve specific employment workforce
12 needs.
13 (a) Funds awarded for a workforce development
14 capitalization incentive grant may be used for instructional
15 equipment, laboratory equipment, supplies, personnel, student
16 services, or other expenses associated with the creation or
17 expansion of a workforce development program. Expansion of a
18 program may include either the expansion of enrollments in a
19 program or expansion into new areas of specialization within a
20 program. No grant funds may be used for recurring
21 instructional costs or for institutional indirect costs.
22 (b) The Jobs and Education Partnership shall accept
23 applications from school districts or community colleges for
24 workforce development capitalization incentive grants.
25 Applications from school districts or community colleges shall
26 contain projected enrollments for the new or expanded
27 workforce development program and projected costs of the new
28 or expanded workforce development program. The Jobs and
29 Education Partnership shall review each application for a
30 grant according to the criteria provided in paragraph (c) and
31 shall submit to the Legislature a list of all applications
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1 that are recommended for the award of grants arranged in order
2 of priority. The Division of Workforce Development shall
3 administer grants only for projects that are approved by the
4 Jobs and Education Partnership and for which funds are
5 appropriated by the Legislature.
6 (c) Top priority shall be given to programs that train
7 people to enter high-skill, high-wage occupations as
8 identified by the Occupational Forecasting Conference;
9 programs that train people to enter occupations on the WAGES
10 list; or programs that train targeted student populations to
11 enter the workforce pursuant to paragraph (9)(b). The Jobs and
12 Education Partnership shall consider the statewide geographic
13 dispersion of grant funds in ranking the applications.
14 Priority shall be assigned to those institutions which are
15 maximizing their allocation from the Workforce Development
16 Education Fund by offering programs which are not
17 low-performing or low-demand in nature.
18 (d) The Jobs and Education Partnership shall recommend
19 to the State Board of Education rules necessary to implement
20 this subsection.
21 (12)(10) A high school student dually enrolled under
22 s. 240.116 in a workforce development program funded through
23 the Workforce Development Education Fund and operated by a
24 community college or school district technical center
25 generates the amount calculated by the Workforce Development
26 Education Fund, including any payment of performance funding
27 incentives, and the proportional share of full-time equivalent
28 enrollment generated through the Florida Education Finance
29 Program for the student's enrollment in a high school. If a
30 high school student is dually enrolled in a community college
31 program, including a program conducted at a high school, the
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1 community college earns the funds generated through the
2 Workforce Development Education Fund and the school district
3 earns the proportional share of full-time equivalent funding
4 from the Florida Education Finance Program. If a student is
5 dually enrolled in a technical center operated by the same
6 district as the district in which the student attends high
7 school, that district earns the funds generated through the
8 Workforce Development Education Fund and also earns the
9 proportional share of full-time equivalent funding from the
10 Florida Education Finance Program. If a student is dually
11 enrolled in a workforce development program provided by a
12 technical center operated by a different school district, the
13 funds must be divided between the two school districts
14 proportionally from the two funding sources. A student may not
15 be reported for funding in a dual enrollment workforce
16 development program unless the student has completed the basic
17 skills assessment pursuant to s. 239.213.
18 (13)(11) The Department of Education may adopt rules
19 to administer this section.
20 (14) The Auditor General shall annually audit the
21 Workforce Development Education Fund. The Office of Program
22 Policy Analysis and Government Accountability shall review the
23 workforce development program and provide a report to the
24 Legislature by December 31, 2000, and thereafter at the
25 direction of the Joint Legislative Auditing Committee. Such
26 audits and reviews shall be based on source data at the
27 community colleges and school districts. The Auditor General
28 must audit calculations and distributions in conjunction with
29 the funding unit audit of the Division of Workforce
30 Development of the Department of Education.
31
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1 Section 6. Section 239.117, Florida Statutes, as
2 amended by chapter 97-383, Laws of Florida, is amended to
3 read:
4 239.117 Workforce development postsecondary student
5 fees.--
6 (1) This section applies to students enrolled in
7 workforce development programs, including programs and courses
8 leading to an associate in applied technology degree or an
9 associate in science degree who are reported for funding
10 through the Workforce Development Education Fund.
11 (2) All students shall be charged fees except students
12 who are exempt from fees or students whose fees are waived.
13 (3) The following students are exempt from any
14 requirement for the payment of registration, matriculation,
15 and laboratory fees for adult basic, adult secondary, or
16 vocational-preparatory instruction:
17 (a) A student who does not have a high school diploma
18 or its equivalent.
19 (b) A student who has a high school diploma or its
20 equivalent and who has academic skills at or below the eighth
21 grade level pursuant to state board rule. A student is
22 eligible for this exemption from fees if the student's skills
23 are at or below the eighth grade level as measured by a test
24 administered in the English language and approved by the
25 Department of Education, even if the student has skills above
26 that level when tested in the student's native language.
27 (4) The following students are exempt from the payment
28 of registration, matriculation, and laboratory fees:
29 (a) A student enrolled in a dual enrollment or early
30 admission program pursuant to s. 239.241.
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1 (b) A student enrolled in an approved apprenticeship
2 program, as defined in s. 446.021.
3 (c) A student for whom the state is paying a foster
4 care board payment pursuant to s. 409.145(3) or pursuant to
5 parts II III and III V of chapter 39, for whom the permanency
6 planning goal pursuant to part III V of chapter 39 is
7 long-term foster care or independent living, or who is adopted
8 from the Department of Children and Family Services after
9 December 31, 1997. Such exemption includes fees associated
10 with enrollment in vocational-preparatory college-preparatory
11 instruction and completion of the college-level communication
12 and computation skills testing program. Such exemption shall
13 be available to any student adopted from the Department of
14 Children and Family Services after December 31, 1997; however,
15 the exemption shall be valid for no more than 4 years after
16 the date of graduation from high school.
17 (d) A student enrolled in an employment and training
18 program under the WAGES Program. Such a student may receive a
19 fee exemption only if the student applies for and does not
20 receive student financial aid, including Job Training
21 Partnership Act or Family Support Act funds. Schools and
22 community colleges shall help such students apply for
23 financial aid, but may not deny such students program
24 participation during the financial aid application process.
25 Such a student may not be required to incur debt within the
26 financial aid package. The local WAGES coalition shall pay the
27 community college or school district for costs incurred for
28 WAGES clients.
29 (e) A student who lacks a fixed, regular, and adequate
30 nighttime residence or whose primary nighttime residence is a
31 public or private shelter designed to provide temporary
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1 residence for individuals intended to be institutionalized, or
2 a public or private place not designed for, or ordinarily used
3 as, a regular sleeping accommodation for human beings.
4 (5) School districts and community colleges may waive
5 fees for any fee-nonexempt student. The total value of fee
6 waivers granted by the school district or community college
7 may not exceed the amount established annually in the General
8 Appropriations Act. Any student whose fees are waived in
9 excess of the authorized amount may not be reported for state
10 funding purposes. Any school district or community college
11 that waives fees and requests state funding for a student in
12 violation of the provisions of this section shall be penalized
13 at a rate equal to 2 times the value of the full-time student
14 enrollment reported.
15 (6)(a) The Commissioner of Education shall provide
16 recommend to the State Board of Education no later than
17 December 31 of each year a schedule of fees for workforce
18 development education funded through the Workforce Development
19 Education Fund. For students who are residents for tuition
20 purposes, the fee schedule shall be based on the amount of
21 student fees necessary to produce 25 percent of the prior
22 year's average cost of a program course of study leading to a
23 certificate or degree and 50 percent of the prior year's
24 average cost of a continuing workforce education course that
25 does not lead to an occupational completion point. At the
26 discretion of a school board or a community college, this fee
27 schedule may be implemented over a 3-year period, with full
28 implementation in the 1999-2000 school year. In years
29 preceding that year, if fee increases are necessary for some
30 programs or courses, the fees shall be raised in increments
31 designed to lessen their impact upon students already
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1 enrolled. Fees for students who are not residents for tuition
2 purposes must offset the full cost of instruction.
3 Fee-nonexempt students enrolled in vocational-preparatory
4 instruction shall be charged fees equal to the fees charged
5 for certificate career education instruction. Each community
6 college that conducts college-preparatory and
7 vocational-preparatory instruction in the same class section
8 may charge a single fee for both types of instruction.
9 (b) The State Board of Education shall adopt a fee
10 schedule for school districts and community colleges that
11 produces the fee revenues calculated pursuant to paragraph
12 (a). The schedule so calculated shall take effect, unless
13 otherwise specified in the General Appropriations Act.
14 (c) The State Board of Education shall adopt, by rule,
15 the definitions and procedures that school boards and
16 community colleges shall use in the calculation of cost borne
17 by students. Such rule must define the cost of educational
18 programs as the product of semester enrollment counts times
19 the average instructional cost for the course of study,
20 divided by the number of semesters in the course of study. A
21 course of study is a single course or a series of two or more
22 courses leading to an occupational completion point, an
23 associate in applied technology degree, or an associate in
24 science degree. The rule shall be developed in consultation
25 with the Legislature.
26 (7)(a) Each year the State Board of Community Colleges
27 shall review and evaluate the percentage of the cost of adult
28 programs and certificate career education programs supported
29 through student fees. If this review indicates that student
30 fees generate less than the percentage targeted for the
31 program, the State Board of Community Colleges shall adopt a
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1 schedule of fee increases by December 31 for the following
2 fall semester. For students who are residents for tuition
3 purposes, the schedule so adopted must produce revenues equal
4 to 25 percent of the prior year's program cost for
5 college-preparatory and supplemental vocational programs and
6 10 percent of the prior year's program cost for certificate
7 career education and vocational preparatory programs. The fee
8 schedule for lifelong learning programs shall be based on
9 student fees and nonstate funds necessary to produce 50
10 percent of the prior year's cost of lifelong learning
11 programs. State funds may not exceed 50 percent of the prior
12 year's cost of lifelong learning programs. The state board
13 may not increase fees more than 10 percent for students who
14 are residents for tuition purposes. Unless otherwise specified
15 in the General Appropriations Act, the fee schedule shall take
16 effect and the college shall expend student fees on
17 instruction. If the Legislature enacts a calculation
18 different than that adopted by the state board, the state
19 board shall adopt a fee schedule that generates the same
20 revenues as the calculation contained in the General
21 Appropriations Act. Each community college board of trustees
22 shall establish matriculation, tuition, and noncredit fees
23 that may vary no more than 10 percent from the schedule
24 approved by the State Board of Education. Fees for students
25 who are not residents for tuition purposes must offset the
26 full cost of instruction.
27 (b) Students enrolled in college-preparatory
28 instruction shall pay fees equal to the fees charged for
29 college credit courses. Students enrolled in the same
30 college-preparatory class within a skill area more than one
31 time shall pay fees at 100 percent of the full cost of
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1 instruction and shall not be included in calculations of
2 full-time equivalent enrollments for state funding purposes;
3 however, students who withdraw or fail a class due to
4 extenuating circumstances may be granted an exception only
5 once for each class, provided approval is granted according to
6 policy established by the board of trustees. Each community
7 college shall have the authority to review and reduce payment
8 for increased fees due to continued enrollment in a
9 college-preparatory class on an individual basis, contingent
10 upon a student's financial hardship, pursuant to definitions
11 and fee levels established by the State Board of Community
12 Colleges. Fee-nonexempt students enrolled in
13 vocational-preparatory instruction shall be charged fees equal
14 to the fees charged for certificate career education
15 instruction. Each community college that conducts
16 college-preparatory and vocational-preparatory instruction in
17 the same class section may charge a single fee for both types
18 of instruction.
19 (7)(8) Each school board and community college board
20 of trustees may collect, for financial aid purposes, up to an
21 additional 10 percent of the student fees collected for
22 workforce development programs funded through the Workforce
23 Development Education Fund. All fees collected shall be
24 deposited into a separate workforce development the student
25 financial aid fee trust fund of the district or community
26 college for the purpose of supporting students enrolled in
27 workforce development programs. Any undisbursed balance
28 remaining in the trust fund and interest income accruing to
29 investments from the trust fund shall increase the total funds
30 available for distribution to certificate career education
31 students. Awards shall be based on student financial need and
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1 distributed in accordance with a nationally recognized system
2 of need analysis approved by the State Board for Career
3 Education. Fees collected pursuant to this subsection shall
4 be allocated in an expeditious manner.
5 (8)(9) A district school board or a community college
6 board of trustees may charge other fees only as authorized by
7 rule of the State Board of Education or the State Board of
8 Community Colleges.
9 (9)(10) The State Board of Education and the State
10 Board of Community Colleges shall adopt rules to allow the
11 deferral of registration and tuition fees for students
12 receiving financial aid from a federal or state assistance
13 program when such aid is delayed in being transmitted to the
14 student through circumstances beyond the control of the
15 student. The failure to make timely application for such aid
16 is an insufficient reason to receive a deferral of fees. The
17 rules must provide for the enforcement and collection or other
18 settlement of delinquent accounts.
19 (10)(11) Any veteran or other eligible student who
20 receives benefits under chapter 30, chapter 31, chapter 32,
21 chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106
22 of Title 10, U.S.C., is entitled to one deferment each
23 academic year and an additional deferment each time there is a
24 delay in the receipt of benefits.
25 (11)(12) Each school district and community college
26 shall be responsible for collecting all deferred fees. If a
27 school district or community college has not collected a
28 deferred fee, the student may not earn state funding for any
29 course for which the student subsequently registers until the
30 fee has been paid.
31
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1 (12)(13) Any school district or community college that
2 reports students who have not paid fees in an approved manner
3 in calculations of full-time equivalent enrollments for state
4 funding purposes shall be penalized at a rate equal to 2 times
5 the value of such enrollments. Such penalty shall be charged
6 against the following year's allocation from the Florida
7 Workforce Development Education Fund or the Community College
8 Program Fund and shall revert to the General Revenue Fund.
9 The State Board of Education shall specify, in rule, approved
10 methods of student fee payment. Such methods must include,
11 but need not be limited to, student fee payment; payment
12 through federal, state, or institutional financial aid; and
13 employer fee payments.
14 (13)(14) Each school district and community college
15 shall report only those students who have actually enrolled in
16 instruction provided or supervised by instructional personnel
17 under contract with the district or community college in
18 calculations of actual full-time enrollments for state funding
19 purposes. A student who has been exempted from taking a
20 course or who has been granted academic or vocational credit
21 through means other than actual coursework completed at the
22 granting institution may not be calculated for enrollment in
23 the course from which the student has been exempted or for
24 which the student has been granted credit. School districts
25 and community colleges that report enrollments in violation of
26 this subsection shall be penalized at a rate equal to 2 times
27 the value of such enrollments. Such penalty shall be charged
28 against the following year's allocation from the Workforce
29 Development Education Fund and shall revert to the General
30 Revenue Fund.
31
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1 (14)(15) School boards and community college boards of
2 trustees may establish scholarship funds using donations. If
3 such funds are established, school boards and community
4 college boards of trustees shall adopt rules that provide for
5 the criteria and methods for awarding scholarships from the
6 fund.
7 (15)(16) School boards and community college boards of
8 trustees may establish, by rule, a consumable supply fee for
9 postsecondary students enrolled in certificate career
10 education or supplemental courses.
11 (16)(17) Each school board and community college board
12 of trustees may establish a separate fee for capital
13 improvements, technology enhancements, or equipping buildings
14 which may not exceed 5 percent of the matriculation fee for
15 resident students or 5 percent of the matriculation and
16 tuition fee for nonresident students. Funds collected by
17 community colleges through these fees may be bonded only for
18 the purpose of financing or refinancing new construction of
19 educational facilities. The fee shall be collected as a
20 component part of the registration and tuition fees, paid into
21 a separate account, and expended only to construct and equip,
22 maintain, improve, or enhance the certificate career education
23 or adult education facilities of the school district or
24 community college. Projects funded through the use of the
25 capital improvement fee must meet the survey and construction
26 requirements of chapter 235. Pursuant to s. 216.0158, each
27 school board and community college board of trustees shall
28 identify each project, including maintenance projects,
29 proposed to be funded in whole or in part by such fee. Capital
30 improvement fee revenues may be pledged by a board of trustees
31 as a dedicated revenue source to the repayment of debt,
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1 including lease-purchase agreements and revenue bonds, with a
2 term not to exceed 20 years, only for the new construction of
3 educational facilities. Community colleges may use the
4 services of the Division of Bond Finance of the State Board of
5 Administration to issue any bonds authorized through the
6 provisions of this subsection. Any such bonds issued by the
7 Division of Bond Finance shall be in compliance with the
8 provisions of the State Bond Act. Bonds issued pursuant to the
9 State Bond Act shall be validated in the manner provided by
10 chapter 75. The complaint for such validation shall be filed
11 in the circuit court of the county where the seat of state
12 government is situated, the notice required to be published by
13 s. 75.06 shall be published only in the county where the
14 complaint is filed, and the complaint and order of the circuit
15 court shall be served only on the state attorney of the
16 circuit in which the action is pending. A maximum of 15 cents
17 per credit hour may be allocated from the capital improvement
18 fee for child care centers conducted by the school board or
19 community college board of trustees.
20 Section 7. Subsection (2) of section 239.213, Florida
21 Statutes, is amended to read:
22 239.213 Vocational-preparatory instruction.--
23 (2) Students who enroll in a certificate career
24 education program of 450 hours or more shall complete an
25 entry-level examination within the first 6 weeks of admission
26 into the program. The state board shall designate
27 examinations that are currently in existence, the results of
28 which are comparable across institutions, to assess student
29 mastery of basic skills. Any student deemed to lack a minimal
30 level of basic skills for such program shall be referred to
31 vocational-preparatory instruction or adult basic education
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1 for a structured program of basic skills instruction. Such
2 instruction may include English for speakers of other
3 languages. A student may not receive a certificate of
4 vocational program completion prior to demonstrating the basic
5 skills required in the state curriculum frameworks for the
6 vocational program.
7 Section 8. Subsection (2) of section 239.229, Florida
8 Statutes, is amended to read:
9 239.229 Vocational standards.--
10 (2)(a) School board, superintendent, and school
11 accountability for career education within elementary and
12 secondary schools includes, but is not limited to:
13 1. Student exposure to a variety of careers and
14 provision of instruction to explore specific careers in
15 greater depth.
16 2. Student awareness of available vocational programs
17 and the corresponding occupations into which such programs
18 lead.
19 3. Student development of individual career plans.
20 4. Integration of academic and vocational skills in
21 the secondary curriculum.
22 5. Student preparation to enter the workforce and
23 enroll in postsecondary education without being required to
24 complete college-preparatory or vocational-preparatory
25 instruction.
26 6. Student retention in school through high school
27 graduation.
28 7. Vocational curriculum articulation with
29 corresponding postsecondary programs in the local area
30 technical center or community college, or both.
31
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1 (b) School board, superintendent, and area technical
2 center, and community college board of trustees and president,
3 accountability for certificate career education and diploma
4 programs includes, but is not limited to:
5 1. Student demonstration of the academic skills
6 necessary to enter an occupation.
7 2. Student preparation to enter an occupation in an
8 entry-level position or continue postsecondary study.
9 3. Vocational program articulation with other
10 corresponding postsecondary programs and job training
11 experiences.
12 4. Employer satisfaction with the performance of
13 students who complete workforce development education reach
14 occupational completion points.
15 5. Student completion, and placement, and retention
16 rates as defined in s. 239.233.
17 (c) Department of Education accountability for career
18 education includes, but is not limited to:
19 1. The provision of timely, accurate technical
20 assistance to school districts and community colleges.
21 2. The provision of timely, accurate information to
22 the State Board for Career Education, the Legislature, and the
23 public.
24 3. The development of policies, rules, and procedures
25 that facilitate institutional attainment of the accountability
26 standards and coordinate the efforts of all divisions within
27 the department.
28 4. The development of program standards and
29 industry-driven benchmarks for vocational, adult, and
30 community education programs.
31
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1 5. Overseeing school district and community college
2 compliance with the provisions of this chapter.
3 6. Ensuring that the educational outcomes for the
4 technical component of workforce development programs the
5 associate in science degree, the associate in applied
6 technology degree, and secondary vocational job-preparatory
7 programs are shall be uniform and designed to provide a
8 graduate of high quality who is capable of entering the
9 workforce on an equally competitive basis regardless of the
10 institution of choice.
11 Section 9. Paragraph (a) of subsection (1) of section
12 239.233, Florida Statutes, is amended to read:
13 239.233 Reporting requirements.--
14 (1)(a) The Department of Education shall develop a
15 system of performance measures in order to evaluate the
16 vocational and technical education programs as required in s.
17 239.229. This system must measure program enrollment,
18 completion rates, placement rates, and amount of earnings at
19 the time of placement. Placement and employment information,
20 where applicable, shall contain data relevant to job
21 retention, including retention rates. The State Board of
22 Education shall adopt by rule the specific measures and any
23 definitions needed to establish the system of performance
24 measures.
25 Section 10. Subsection (2) of section 239.249, Florida
26 Statutes, is amended to read:
27 239.249 Market-driven, performance-based incentive
28 funding for vocational and technical education programs.--
29 (2) The Jobs and Education Partnership shall provide
30 oversight and advice to improve the outcomes of courses and
31 programs designed for degree education and workforce
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1 development provided by public school districts and community
2 colleges. Annually, the partnership shall make recommendations
3 to the State Board of Education and the Legislature regarding
4 grant programs and funding incentives designed to improve
5 vocational and technical education programs.
6 Section 11. Paragraph (c) of subsection (4) and
7 paragraph (a) of subsection (5) of section 239.301, Florida
8 Statutes, are amended to read:
9 239.301 Adult general education.--
10 (4)
11 (c) The State Board of Education shall define, by
12 rule, the levels and courses of instruction to be funded
13 through the college-preparatory program. The state board shall
14 coordinate the establishment of costs for college-preparatory
15 courses, the establishment of statewide standards that define
16 required levels of competence, acceptable rates of student
17 progress, and the maximum amount of time to be allowed for
18 completion of college-preparatory instruction.
19 College-preparatory instruction is part of an associate in
20 arts or an associate in science degree program and may not be
21 funded as a workforce development education program.
22 (5)(a) An educational program for disabled adults may
23 be conducted within and funded through the Workforce
24 Development Education Fund, or the Community College Program
25 Fund, or as otherwise provided in law. Each school board or
26 community college board of trustees that has an educational
27 program for disabled adults shall submit a plan to the
28 commissioner which includes, at a minimum:
29 1. A description of the population to be served and an
30 estimation of the number of such students. The description and
31 estimation must be provided for adults with disabilities as
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1 defined in s. 239.105 and for adults with disabilities who do
2 not meet that definition.
3 2. A description of the courses and programs in the
4 program, including corresponding expected student outputs and
5 outcomes.
6 3. Provision for individualized educational plans and
7 periodic student evaluation.
8 4. An interagency memorandum of agreement that
9 provides for the coordination of adult education, career
10 education, exceptional student education, the Department of
11 Children and Family Services, vocational rehabilitation, and
12 other local organizations whose adult disabled clients
13 participate in the program.
14 5. Provision for coordination of services, if both the
15 community college and one or more school districts within the
16 service area have approved programs for disabled adults.
17 6. Provision for a single administrator for adult
18 courses and programs for the disabled.
19 Section 12. Subsections (1) and (2) of section
20 240.115, Florida Statutes, are amended to read:
21 240.115 Articulation agreement; acceleration
22 mechanisms.--
23 (1)(a) Articulation between secondary and
24 postsecondary education; admission of associate in arts degree
25 graduates from Florida community colleges and state
26 universities; admission of applied technology diploma program
27 graduates from Florida community colleges; admission of
28 associate in science degree and associate in applied science
29 degree graduates from Florida community colleges; the use of
30 acceleration mechanisms, including nationally standardized
31 examinations through which students may earn credit; general
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1 education requirements and common course code numbers as
2 provided for in s. 229.551(1)(f)4.; and articulation among
3 programs in nursing shall be governed by the articulation
4 agreement, as established by the Department of Education.
5 (b) The articulation agreement must specifically
6 provide that every associate in arts graduate of a Florida
7 community college shall have met all general education
8 requirements and must be granted admission to the upper
9 division of a state university except to a limited access or
10 teacher certification program or a major program requiring an
11 audition. After admission has been granted to students under
12 provisions of this section and to university students who have
13 successfully completed 60 credit hours of coursework,
14 including 36 hours of general education, and met the
15 requirements of s. 240.107, admission shall be granted to
16 State University System and Florida community college students
17 who have successfully completed 60 credit hours of work,
18 including 36 hours of general education. Community college
19 associate in arts graduates shall receive priority for
20 admission to a state university over out-of-state students.
21 Orientation programs and student handbooks provided to
22 freshman enrollees and transfer students at state universities
23 must include an explanation of this provision of the
24 articulation agreement.
25 (c) The articulation agreement must guarantee the
26 statewide articulation of appropriate workforce development
27 programs and courses between school districts and community
28 colleges and specifically provide that every applied
29 technology diploma graduate must be granted admission to an
30 associate in science degree or associate in applied science
31 degree program unless it is a limited access program.
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1 Preference for admission shall be given to graduates who are
2 residents of the State of Florida.
3 (d) By fall semester 1998, the articulation agreement
4 must guarantee the statewide articulation of appropriate
5 courses within associate in science degree programs to
6 baccalaureate degree programs, according to standards
7 established by the Articulation Coordinating Committee after
8 consultation with the Board of Regents and the State Board of
9 Community Colleges. Courses within an associate in applied
10 science degree program may articulate into a baccalaureate
11 degree program on an individual or block basis as provided for
12 in local interinstitutional articulation agreements.
13 (e)(b) Any student who transfers among regionally
14 accredited postsecondary institutions that are fully
15 accredited by a regional or national accrediting agency
16 recognized by the United States Department of Education, and
17 that participate in the common course designation and
18 numbering system, shall be awarded credit by the receiving
19 institution for courses satisfactorily completed by the
20 student at the previous institutions. Credit shall be awarded
21 only if the courses are judged by the appropriate common
22 course designation and numbering system faculty task force
23 representing school district technical centers, community
24 colleges, public universities, and participating private
25 postsecondary education institutions to be academically
26 equivalent to courses offered at the receiving institution,
27 including consideration of faculty credentials, regardless of
28 the public or nonpublic control of the previous institution.
29 The award of credit may be limited to courses that are entered
30 in the common course designation and numbering system. Credits
31 awarded pursuant to this subsection shall satisfy
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1 institutional requirements on the same basis as credits
2 awarded to native students.
3 (2) The universities, community college district
4 boards of trustees, and district school boards are authorized
5 to establish intrainstitutional and interinstitutional
6 programs to maximize this articulation. Programs may include
7 upper-division-level courses offered at the community college,
8 distance learning, transfer agreements which facilitate the
9 transfer of credits between public and nonpublic postsecondary
10 institutions, and the concurrent enrollment of students at a
11 community college and a state university to enable students to
12 take any level of baccalaureate degree coursework. Should the
13 establishment of these programs necessitate the waiver of
14 existing State Board of Education rules, reallocation of
15 funds, or revision or modification of student fees, each
16 college or university shall submit the proposed articulation
17 program to the State Board of Education for review and
18 approval. The State Board of Education is authorized to waive
19 its rules and make appropriate reallocations, revisions, or
20 modifications in accordance with the above.
21 Section 13. Paragraph (b) of subsection (3) of section
22 240.301, Florida Statutes, is amended to read:
23 240.301 Community colleges; definition, mission, and
24 responsibilities.--
25 (3) The primary mission and responsibility of public
26 community colleges is responding to community needs for
27 postsecondary academic education and degree career education.
28 This mission and responsibility includes being responsible
29 for:
30 (b) Preparing students directly for vocations
31 requiring less than baccalaureate degrees. This may include
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1 preparing for job entry, supplementing of skills and
2 knowledge, and responding to needs in new areas of technology.
3 Career education in the community college shall consist of
4 certificate career education programs leading to certificates
5 for occupational completion points, applied technology
6 diplomas, credit courses leading to associate in science
7 degrees and associate in applied science technology degrees,
8 and other programs in fields requiring substantial academic
9 work, background, or qualifications. A community college may
10 offer vocational programs in fields having lesser academic or
11 technical requirements.
12 Section 14. Section 240.35, Florida Statutes, as
13 amended by chapter 97-383, Laws of Florida, is amended to
14 read:
15 240.35 Student fees.--Unless otherwise provided, the
16 provisions of this section apply only to fees charged for
17 college credit instruction leading to an associate in arts
18 degree, an associate in applied science degree, or an
19 associate in science degree and noncollege credit, including
20 college-preparatory courses defined in s. 239.105.
21 (1) The State Board of Community Colleges shall
22 establish the matriculation and tuition fees for
23 college-preparatory instruction and for credit instruction
24 which may be counted toward an associate in arts degree, an
25 associate in applied science degree, or an associate in
26 science degree. This instruction includes advanced programs
27 and professional programs.
28 (2)(a) Any student for whom the state is paying a
29 foster care board payment pursuant to s. 409.145(3) or parts
30 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, shall be exempt from the payment of all
4 undergraduate fees, including fees associated with enrollment
5 in college-preparatory instruction or completion of the
6 college-level communication and computation skills testing
7 program. Before a fee exemption can be given, the student
8 shall have applied for and been denied financial aid, pursuant
9 to s. 240.404, which would have provided, at a minimum,
10 payment of all student fees. Such exemption shall be available
11 to any student adopted from the Department of Children and
12 Family Services after December 31, 1997; however, the
13 exemption shall be valid for no more than 4 years after the
14 date of graduation from high school.
15 (b) Any student qualifying for a fee exemption under
16 this subsection shall receive such an exemption for not more
17 than 2 consecutive years or 4 semesters, unless the student is
18 participating in college-preparatory instruction or requires
19 additional time to complete the college-level communication
20 and computation skills testing program. Such a student is
21 eligible to receive a fee exemption for a maximum of 3
22 consecutive years or 6 semesters.
23 (c) As a condition for continued fee exemption, a
24 student shall earn a grade point average of at least 2.0 on a
25 4.0 scale for the previous term, maintain at least an overall
26 2.0 average for college work, or have an average below 2.0 for
27 only the previous term and be eligible for continued
28 enrollment in the institution.
29 (3) Students enrolled in dual enrollment and early
30 admission programs under s. 240.116 and students enrolled in
31 employment and training programs under the WAGES Program are
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1 exempt from the payment of registration, matriculation, and
2 laboratory fees; however, such students may not be included
3 within calculations of fee-waived enrollments. The community
4 college shall assist a student under the WAGES Program in
5 obtaining financial aid as it would any other student. A
6 student under the WAGES Program may not be denied
7 participation in programs during the application process for
8 financial aid. If financial aid is denied, The local WAGES
9 coalition shall pay the community college for costs incurred
10 by that WAGES participant related to that person's classes or
11 program. Other fee-exempt instruction provided under this
12 subsection generates an additional one-fourth full-time
13 equivalent enrollment.
14 (4)(a) Fees shall be waived for certain members of the
15 active Florida National Guard pursuant to s. 250.10(8).
16 (b) Community colleges may waive fees for any
17 fee-nonexempt student. A student whose fees are waived in
18 excess of the amount authorized annually in the General
19 Appropriations Act may not be included in calculations of
20 full-time equivalent enrollments for state funding purposes.
21 Any community college that waives fees and requests state
22 funding for a student in violation of the provisions of this
23 subsection shall be penalized at a rate equal to two times the
24 value of the full-time equivalent student enrollment reported
25 served. Such penalty shall be charged against the following
26 year's allocation from the Community College Program Fund.
27 (5) Subject to review and final approval by the State
28 Board of Education, the State Board of Community Colleges
29 shall adopt by December 31 of each year a resident fee
30 schedule for the following fall for advanced and professional,
31 associate in applied science degree, associate in science
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1 degree vocational education, and college-preparatory programs
2 that produce revenues in the amount of 25 percent of the full
3 prior year's cost of these programs. However, the board may
4 not adopt an annual fee increase in any program for resident
5 students which exceeds 10 percent. Fees for courses in
6 college-preparatory programs and associate in arts and
7 associate in science degree programs may be established at the
8 same level. In the absence of a provision to the contrary in
9 an appropriations act, the fee schedule shall take effect and
10 the colleges shall expend the funds on instruction. If the
11 Legislature provides for an alternative fee calculation in an
12 appropriations act, the board shall establish a fee schedule
13 that produces the fee revenue established in the
14 appropriations act based on the assigned enrollment.
15 (6) Each community college board of trustees shall
16 establish matriculation and tuition fees, which may vary no
17 more than 10 percent from the fee schedule adopted by the
18 State Board of Community Colleges.
19 (7) The sum of nonresident student matriculation and
20 tuition fees must be sufficient to defray the full cost of
21 each program. The annual fee increases for nonresident
22 students established by the board, in the absence of
23 legislative action to the contrary in an appropriations act,
24 may not exceed 25 percent.
25 (8) The State Board of Community Colleges shall adopt
26 a rule specifying the definitions and procedures to be used in
27 the calculation of the percentage of cost paid by students.
28 The rule must provide for the calculation of the full cost of
29 educational programs based on the allocation of all funds
30 provided through the general current fund to programs of
31 instruction, and other activities as provided in the annual
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1 expenditure analysis. The rule shall be developed in
2 consultation with the Legislature.
3 (9) Each community college district board of trustees
4 may establish a separate activity and service fee not to
5 exceed 10 percent of the matriculation fee, according to rules
6 of the State Board of Education. The student activity and
7 service fee shall be collected as a component part of the
8 registration and tuition fees. The student activity and
9 service fees shall be paid into a student activity and service
10 fund at the community college and shall be expended for lawful
11 purposes to benefit the student body in general. These
12 purposes include, but are not limited to, student publications
13 and grants to duly recognized student organizations, the
14 membership of which is open to all students at the community
15 college without regard to race, sex, or religion.
16 (10)(a) Each community college is authorized to
17 collect for financial aid purposes an additional amount up to,
18 but not to exceed, 5 percent of the total student tuition or
19 matriculation fees collected. Each community college may
20 collect up to an additional 2 percent if the amount generated
21 by the total financial aid fee is less than $250,000. If the
22 amount generated is less than $250,000, a community college
23 that charges tuition and matriculation fees at least equal to
24 the average fees established by rule may transfer from the
25 general current fund to the scholarship fund an amount equal
26 to the difference between $250,000 and the amount generated by
27 the total financial aid fee assessment. No other transfer
28 from the general current fund to the loan, endowment, or
29 scholarship fund, by whatever name known, is authorized.
30 (b) All funds collected under this program shall be
31 placed in the loan and endowment fund or scholarship fund of
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1 the college, by whatever name known. Such funds shall be
2 disbursed to students as quickly as possible. An amount not
3 greater than 40 percent of the fees collected in a fiscal year
4 may be carried forward unexpended to the following fiscal
5 year. However, funds collected prior to July 1, 1989, and
6 placed in an endowment fund may not be considered part of the
7 balance of funds carried forward unexpended to the following
8 fiscal year.
9 (c) Up to 25 percent or $300,000 $250,000, whichever
10 is greater, of the fees collected may be used to assist
11 students who demonstrate academic merit, who participate in
12 athletics, public service, cultural arts, and other
13 extracurricular programs as determined by the institution, or
14 who are identified as members of a targeted gender or ethnic
15 minority population. The financial aid fee revenues allocated
16 for athletic scholarships and fee exemptions provided pursuant
17 to subsection (14) for athletes shall be distributed equitably
18 as required by s. 228.2001(3)(d). A minimum of 50 percent of
19 the balance of these funds shall be used to provide financial
20 aid based on absolute need, and the remainder of the funds
21 shall be used for academic merit purposes and other purposes
22 approved by the district boards of trustees. Such other
23 purposes shall include the payment of child care fees for
24 students with financial need. The State Board of Community
25 Colleges shall develop criteria for making financial aid
26 awards. Each college shall report annually to the Department
27 of Education on the criteria used to make awards, the amount
28 and number of awards for each criterion, and a delineation of
29 the distribution of such awards. Awards which are based on
30 financial need shall be distributed in accordance with a
31 nationally recognized system of need analysis approved by the
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1 State Board of Community Colleges. An award for academic merit
2 shall require a minimum overall grade point average of 3.0 on
3 a 4.0 scale or the equivalent for both initial receipt of the
4 award and renewal of the award.
5 (d) These funds may not be used for direct or indirect
6 administrative purposes or salaries.
7 (11) Any community college that reports students who
8 have not paid fees in an approved manner in calculations of
9 full-time equivalent enrollments for state funding purposes
10 shall be penalized at a rate equal to two times the value of
11 such enrollments. Such penalty shall be charged against the
12 following year's allocation from the Community College Program
13 Fund and shall revert to the General Revenue Fund. The State
14 Board of Education shall specify, as necessary, by rule,
15 approved methods of student fee payment. Such methods shall
16 include, but not be limited to, student fee payment; payment
17 through federal, state, or institutional financial aid; and
18 employer fee payments. A community college may not charge any
19 fee except as authorized by law or rules of the State Board of
20 Education.
21 (12) Each community college shall report only those
22 students who have actually enrolled in instruction provided or
23 supervised by instructional personnel under contract with the
24 community college in calculations of actual full-time
25 equivalent enrollments for state funding purposes. No student
26 who has been exempted from taking a course or who has been
27 granted academic or vocational credit through means other than
28 actual coursework completed at the granting institution shall
29 be calculated for enrollment in the course from which he or
30 she has been exempted or granted credit. Community colleges
31 that report enrollments in violation of this subsection shall
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1 be penalized at a rate equal to two times the value of such
2 enrollments. Such penalty shall be charged against the
3 following year's allocation from the Community College Program
4 Fund and shall revert to the General Revenue Fund.
5 (13) Each community college board of trustees may
6 establish a separate fee for capital improvements or equipping
7 student buildings which may not exceed $1 per credit hour or
8 credit-hour equivalent for residents and which equals or
9 exceeds $3 per credit hour for nonresidents. Funds collected
10 by community colleges through these fees may be bonded only
11 for the purpose of financing or refinancing new construction
12 of educational facilities. The fee shall be collected as a
13 component part of the registration and tuition fees, paid into
14 a separate account, and expended only to construct and equip,
15 maintain, improve, or enhance the educational facilities of
16 the community college. Projects funded through the use of the
17 capital improvement fee shall meet the survey and construction
18 requirements of chapter 235. Pursuant to s. 216.0158, each
19 community college shall identify each project, including
20 maintenance projects, proposed to be funded in whole or in
21 part by such fee. Capital improvement fee revenues may be
22 pledged by a board of trustees as a dedicated revenue source
23 to the repayment of debt, including lease-purchase agreements
24 and revenue bonds, with a term not to exceed 20 years, only
25 for the new construction of educational facilities. Community
26 colleges may use the services of the Division of Bond Finance
27 of the State Board of Administration to issue any bonds
28 authorized through the provisions of this subsection. Any such
29 bonds issued by the Division of Bond Finance shall be in
30 compliance with the provisions of the State Bond Act. Bonds
31 issued pursuant to the State Bond Act shall be validated in
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1 the manner provided by chapter 75. The complaint for such
2 validation shall be filed in the circuit court of the county
3 where the seat of state government is situated, the notice
4 required to be published by s. 75.06 shall be published only
5 in the county where the complaint is filed, and the complaint
6 and order of the circuit court shall be served only on the
7 state attorney of the circuit in which the action is pending.
8 A maximum of 15 cents per credit hour may be allocated from
9 the capital improvement fee for child care centers conducted
10 by the community college.
11 (14) Each community college is authorized to grant
12 student fee exemptions from all fees adopted by the State
13 Board of Community Colleges and the community college board of
14 trustees for up to 40 full-time equivalent students at each
15 institution.
16 Section 15. Paragraph (b) of subsection (1) of section
17 240.359, Florida Statutes, is amended to read:
18 240.359 Procedure for determining state financial
19 support and annual apportionment of state funds to each
20 community college district.--The procedure for determining
21 state financial support and the annual apportionment to each
22 community college district authorized to operate a community
23 college under the provisions of s. 240.313 shall be as
24 follows:
25 (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE
26 COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING
27 PROGRAM.--
28 (b) The allocation of funds for community colleges
29 shall be based on advanced and professional disciplines,
30 college-preparatory programs, associate in applied science
31
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1 degree programs, associate in science degree programs, and on
2 other programs for adults funded pursuant to s. 239.115.
3 Section 16. Subsection (1) of section 246.013, Florida
4 Statutes, is amended to read:
5 246.013 Participation in the common course designation
6 and numbering system.--
7 (1) Nonpublic college credit granting postsecondary
8 colleges and schools that have been issued a regular license
9 pursuant to s. 246.081(2) or (3) or s. 246.215(1), or
10 nonpublic college credit granting postsecondary colleges that
11 are exempt from state licensure pursuant to s. 246.085(1)(a),
12 and that are fully accredited by a regional or national
13 accrediting agency recognized by the United States Department
14 of Education, or nonpublic college credit granting
15 postsecondary colleges that are exempt from state licensure
16 pursuant to s. 246.085(1)(b), member of the Commission on
17 Colleges of the Southern Association of Colleges and Schools
18 and accredited nonpublic postsecondary colleges exempt from
19 state licensure pursuant to s. 246.085(1)(a) may participate
20 in the common course designation and numbering system pursuant
21 to s. 229.551. Participating colleges and schools shall bear
22 the costs associated with inclusion in the system and shall
23 meet the terms and conditions for institutional participation
24 in the system. The department shall adopt a fee schedule that
25 includes the expenses incurred through data processing,
26 faculty task force travel and per diem, and staff and clerical
27 support time. Such fee schedule may differentiate between the
28 costs associated with initial course inclusion in the system
29 and costs associated with subsequent course maintenance in the
30 system. Decisions regarding initial course inclusion and
31 subsequent course maintenance shall be made within 120 days
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1 after submission of the required materials and fees by the
2 institution. Any college currently participating in the
3 system, and that participated in the system prior to July 1,
4 1986, shall not be required to pay the costs associated with
5 initial course inclusion in the system. Fees collected for
6 participation in the common course designation and numbering
7 system pursuant to the provisions of this section shall be
8 deposited in the Institutional Assessment Trust Fund created
9 by s. 246.31. The Legislature finds and declares that
10 independent nonprofit colleges and universities eligible to
11 participate in the Florida resident access grant program
12 pursuant to s. 240.605 are an integral part of the higher
13 education system in this state and that a significant number
14 of state residents choose this form of higher education. Any
15 independent college or university that is eligible to
16 participate in the Florida resident access grant program shall
17 not be required to pay the costs associated with participation
18 in the common course designation and numbering system.
19 Section 17. Subsections (2) and (3) of section
20 446.052, Florida Statutes, are amended to read:
21 446.052 Preapprenticeship program.--
22 (2) The Division of Workforce Development Public
23 Schools and Community Education of the Department of
24 Education, under regulations established by the State Board of
25 Education, is authorized to administer the provisions of ss.
26 446.011-446.092 that relate to preapprenticeship programs in
27 cooperation with district school boards and community college
28 district boards of trustees. District school boards, community
29 college district boards of trustees, and registered program
30 sponsors shall cooperate in developing and establishing
31
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1 programs that include vocational instruction and general
2 education courses required to obtain a high school diploma.
3 (3) The Division of Workforce Development Public
4 Schools and Community Education, the district school boards,
5 the community college district boards of trustees, and the
6 Division of Jobs and Benefits shall work together with
7 existing registered apprenticeship programs so that
8 individuals completing such preapprenticeship programs may be
9 able to receive credit towards completing a registered
10 apprenticeship program.
11 Section 18. (1) The State Board of Community Colleges
12 shall investigate issues associated with the encouragement of
13 a joint-use facilities model for workforce development
14 programs by community colleges and school districts which
15 mirrors the joint-use facilities model utilized by the State
16 University System in conjunction with the State Community
17 College System.
18 (2) The board shall report findings and
19 recommendations to the Legislature by December 1, 1998.
20 Section 19. (1) The Commissioner of Education shall
21 investigate issues associated with:
22 (a) The dissemination of information to all
23 stakeholders concerning the new workforce development system.
24 (b) The design of a system that will enable local
25 institutions to respond rapidly to the needs of business and
26 industry for the development of new programs.
27 (c) The adoption of common reporting formats,
28 consistent Workforce Development Information System data
29 element definitions, a single database, and reporting window
30 time periods.
31
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1 (d) The establishment of a workforce development
2 information system review committee which shall review and
3 recommend adoption of, and changes to, Workforce Development
4 Information System data elements; edit or report data; and
5 develop methods to be used in reporting workforce development
6 performances for funding and overall performance reviews. The
7 work of the review committee shall coordinate with the
8 performance tiers developed by the Jobs and Education
9 Partnership.
10 (e) The expansion of the electronic transcript system
11 to include new elements related to workforce development.
12 (f) Data collection and the implementation of funding
13 mechanisms that fund performance outputs and outcomes for
14 occupational completion points and literacy completion points.
15 (2) The Commissioner of Education and the Jobs and
16 Education Partnership shall investigate the feasibility of the
17 consolidation of state and federal workforce development funds
18 into one common administrative entity.
19 (3) The Commissioner of Education, the State Board of
20 Community Colleges, and the Board of Regents shall petition
21 and work with accrediting agencies to ensure acceptance of
22 Florida's articulation process, the applied technology
23 diploma, and the associate in science degree.
24 (4) The Commissioner of Education and the State Board
25 of Community Colleges shall review statutes and rules related
26 to workforce development education with the intent of
27 eliminating duplicative reporting of vocational and adult
28 education data.
29 (5) The Commissioner of Education shall report to the
30 Executive Office of the Governor and the Legislature before
31 December 31, 1998, on the progress of the implementation of
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1 the provisions of this section and any final recommendations
2 for statutory or policy changes.
3 Section 20. The Employment Task Force for Adults with
4 Disabilities shall be established.
5 (1) The task force shall be composed of:
6 (a) The Secretary of Children and Family Services, or
7 an appointed designee.
8 (b) The Secretary of Labor and Employment Security, or
9 an appointed designee.
10 (c) The Commissioner of Education, or an appointed
11 designee.
12 (d) The executive director of the State Board of
13 Community Colleges, or an appointed designee.
14 (e) The president of the Jobs and Education
15 Partnership.
16 (f) The executive director of the WAGES Program State
17 Board of Directors.
18 (g) Three individuals with disabilities who currently
19 receive adult basic education instruction and vocational
20 education instruction, to be selected by the Advocacy Center
21 for Persons with Disabilities.
22 (h) Three vocational education instructors, to be
23 selected by the Commissioner of Education.
24 (i) A representative of a local educational agency, to
25 be selected by the Commissioner of Education.
26 (j) A representative from two community organizations
27 that serve individuals with disabilities and provide
28 vocational education to adults with disabilities through
29 contract with local educational agencies. These
30 representatives shall be selected by the Commissioner of
31 Education.
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1 (k) The executive director of the Florida
2 Developmental Disabilities Council.
3
4 The selections made by the Commissioner of Education shall
5 ensure representation on the task force with a broad spectrum
6 of persons, or organizations serving persons, with
7 disabilities, including, but not limited to, persons who are
8 developmentally delayed, blind, deaf, physically challenged,
9 and persons with multiple disabilities.
10 (2) The task force shall be housed in the Department
11 of Education which shall provide the necessary staffing to
12 support the mission of the task force.
13 (3) Members of the task force shall not be entitled to
14 compensation for their services, but shall be reimbursed for
15 travel expenses as provided in s. 112.061, Florida Statutes.
16 (4) The Commissioner of Education, or the
17 commissioner's designee, shall serve as the chair of the task
18 force.
19 (5) The task force shall review available data on
20 funding for adults with disabilities, as defined in s.
21 239.105, Florida Statutes. If current data is insufficient,
22 the task force shall develop and initiate the collection of
23 accurate data. Once accurate data is acquired, and a cost for
24 serving this population has been identified, the task force
25 shall recommend the best source of funding to serve this
26 vulnerable population in the future.
27 (6) The task force shall evaluate issues regarding the
28 appropriate funding for the delivery of adult general
29 education and postsecondary vocational education for adults
30 with disabilities.
31
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1 (7) The task force shall evaluate the recommendations
2 made in the final report to the Legislature by the
3 Commissioner's Task Force on Workforce Development relating to
4 curriculum and outcomes, eligibility criteria, teacher
5 requirements, and student-to-staff ratios of the adults with
6 disabilities workforce program. The task force shall evaluate
7 these recommendations to ensure that the levels are consistent
8 with the abilities of the defined population and do not
9 preclude any individual capable of working toward competitive
10 employment from participating in workforce programs.
11 (8) Prior to completing its mission, the task force
12 shall hold public hearings in a minimum of four locations,
13 geographically spread out through Florida, to allow affected
14 parties the opportunity for input. These meetings must be held
15 at locations that are accessible to individuals with
16 disabilities, as defined under the Americans with Disabilities
17 Act.
18 (9) The task force shall submit a final report to the
19 Commissioner of Education no later than December 1, 1998.
20 (10) Based on the task force report, the commissioner
21 shall submit a final report, including a summary of the task
22 force conclusions and recommended funding and substantive
23 statutory changes, to the Executive Office of the Governor,
24 the President of the Senate, the Speaker of the House of
25 Representatives, and the appropriate committees of both houses
26 no later than January 1, 1999.
27 Section 21. Except as otherwise provided herein, this
28 act shall take effect July 1 of the year in which enacted.
29
30
31
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