Senate Bill 1472

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    Florida Senate - 2000                                  SB 1472

    By Senator Kirkpatrick





    5-1225-00                                               See HB

  1                      A bill to be entitled

  2         An act relating to adult workforce development

  3         education; creating s. 239.214, F.S.; creating

  4         the "Workforce Development Education

  5         Unification Act of 2000"; providing legislative

  6         intent; providing for the transfer of all

  7         public adult workforce development programs and

  8         area technical centers from school districts to

  9         community colleges; providing for the transfer

10         of educational plants and related equipment;

11         providing for the transfer of staff; amending

12         s. 20.15, F.S.; revising the duties of the

13         Commissioner of Education, the Division of

14         Workforce Development, and the State Board of

15         Community Colleges; amending s. 228.053, F.S.,

16         relating to developmental research schools;

17         conforming cross-references; renumbering and

18         amending s. 229.133, F.S.; requiring the State

19         Board of Community Colleges to adopt rules

20         regarding career education programs to meet

21         workforce shortage needs; amending s. 229.551,

22         F.S., relating to educational management;

23         removing references to postsecondary vocational

24         education in school districts; revising

25         provisions relating to the transfer of credit

26         for general education courses; revising

27         requirements for guidelines for postsecondary

28         vocational courses adopted by the Articulation

29         Coordinating Committee; correcting terminology;

30         amending s. 229.592, F.S.; removing provisions

31         relating to area technical centers operated by

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         district school boards; renumbering and

  2         amending s. 230.63, F.S., relating to when area

  3         technical centers may be organized; authorizing

  4         community colleges, rather than school

  5         districts, to organize area technical centers;

  6         renumbering and amending s. 230.64, F.S.;

  7         revising the definition of an area technical

  8         center; requiring the State Board of Community

  9         Colleges to adopt standards; renumbering and

10         amending s. 230.643, F.S., relating to academic

11         transcripts for vocational-technical center

12         students; revising terminology; amending s.

13         231.361, F.S.; revising provisions relating to

14         the status of vocational teachers to correct

15         terminology; amending s. 232.2466, F.S.,

16         relating to the college-ready diploma program;

17         deleting a reference to an applied technology

18         diploma; amending s. 232.435, F.S., relating to

19         extracurricular athletic activities; revising

20         terminology; amending s. 235.435, F.S.;

21         removing adult disabled students and students

22         enrolled in technical centers from

23         determinations of student membership for

24         purposes of educational plant funding; amending

25         s. 239.101, F.S.; providing legislative intent

26         regarding vocational, adult, and community

27         education; amending s. 239.105, F.S.; removing

28         the definition of the term "applied technology

29         diploma program"; restricting the offering of

30         degree vocational education programs to

31         community colleges; removing references to

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         school boards, school districts, diploma career

  2         education programs, and the Department of

  3         Education from definitions of terms relating to

  4         vocational, adult, and community education;

  5         removing applied technology diplomas from the

  6         definition of the term "workforce development

  7         education"; amending s. 239.113, F.S.; removing

  8         references to school districts and the State

  9         Board for Career Education from provisions

10         relating to the registration of adult students;

11         amending s. 239.115, F.S., relating to adult

12         education funding; removing applied technology

13         diploma programs from the definitions of the

14         terms "workforce development education" and

15         "workforce development program"; restricting

16         the offering of workforce development programs

17         to community colleges; removing references to

18         school districts; revising types of education

19         authorized to be funded through the Workforce

20         Development Education Fund; revising the

21         performance output measure for vocational

22         education programs of study; requiring adult

23         basic education for the elderly to be provided

24         by community colleges, rather than school

25         districts; revising state funding and student

26         fees for all workforce development education,

27         other than continuing workforce education,

28         funded through the Workforce Development

29         Education Fund; requiring the State Board of

30         Community Colleges to adopt a uniform fee;

31         removing the Department of Education from those

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         entities responsible for making certain

  2         recommendations to the Legislature regarding

  3         the distribution of workforce development

  4         education performance funds; authorizing

  5         additional occupations to be included in the

  6         incentive funding program; deleting provisions

  7         relating to funds generated by high school

  8         students who attend programs at school district

  9         technical centers; authorizing the State Board

10         of Community Colleges to adopt rules; amending

11         s. 239.117, F.S.; requiring the State Board of

12         Community Colleges to adopt a fee schedule for

13         workforce development postsecondary student

14         fees; removing references to workforce

15         development programs offered by school

16         districts; authorizing a community college to

17         waive a portion of student fees for workforce

18         development programs; deleting provisions

19         relating to a fee schedule adopted by the State

20         Board of Education; deleting a provision

21         requiring the State Board of Education to adopt

22         rules; removing a reference to the State Board

23         for Career Education; restricting certain fee

24         penalties from being charged against the

25         Community College Program Fund; deleting a

26         provision that restricts technology fees

27         established by community college district

28         boards of trustees to those for associate

29         degree programs and courses; amending s.

30         239.125, F.S., relating to computer-assisted

31         student advising; removing a reference to area

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         technical centers; amending s. 239.205, F.S.;

  2         requiring the State Board of Community

  3         Colleges, rather than the State Board of

  4         Education, to adopt rules regarding career

  5         education programs; amending s. 239.213, F.S.,

  6         relating to vocational-preparatory instruction;

  7         requiring the State Board of Community

  8         Colleges, rather than the State Board of

  9         Education, to adopt rules; requiring students

10         who enroll in a certificate career education

11         program of 450 hours or more to complete an

12         entry-level examination; amending s. 239.229,

13         F.S.; deleting provisions relating to school

14         board, superintendent, and area technical

15         center accountability for diploma programs;

16         amending s. 239.241, F.S., relating to

17         vocational dual enrollment and early admission;

18         deleting references to vocational technical

19         centers and area technical centers; amending s.

20         239.245, F.S., relating to public information

21         on career education programs; deleting a

22         reference to degree career education programs

23         offered by school districts; amending s.

24         239.301, F.S., relating to adult general

25         education; deleting references to school boards

26         and school districts; deleting a provision

27         requiring the coordination of services offered

28         by community colleges and school districts;

29         replacing references to the State Board of

30         Education with the State Board of Community

31         Colleges; amending s. 239.501, F.S., relating

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         to the Florida Literacy Corps; removing school

  2         boards from those entities authorized to offer

  3         adult literacy programs; amending s. 239.513,

  4         F.S.; restricting school districts from

  5         offering workforce literacy programs; amending

  6         s. 239.514, F.S., relating to the Workforce

  7         Development Capitalization Incentive Grant

  8         Program; prohibiting the award of grants to

  9         school districts; shifting grant review and

10         award responsibilities from the Postsecondary

11         Education Planning Commission to the State

12         Board of Community Colleges; amending s.

13         240.115, F.S., relating to articulation between

14         secondary and postsecondary education; deleting

15         references to school districts and applied

16         technology diploma programs; removing a

17         provision relating to the articulation of

18         applied technology diploma program graduates;

19         revising requirements for the articulation of

20         applied science degree programs and associate

21         in science degree programs; requiring the State

22         Board of Education to adopt core curricula for

23         associate in science programs; removing

24         obsolete language; amending s. 240.116, F.S.,

25         relating to articulated acceleration; revising

26         terminology; amending s. 240.118, F.S.,

27         relating to postsecondary feedback of

28         information to high schools; revising

29         terminology; amending s. 240.319, F.S.;

30         authorizing boards of trustees to enter into

31         contractual agreements for the provision of

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         workforce development educational programs and

  2         services; conforming cross-references; amending

  3         s. 240.384, F.S., relating to the criminal

  4         justice training school consolidation project;

  5         conforming a cross-reference; amending s.

  6         339.0805, F.S., relating to funds for

  7         disadvantaged business enterprises; revising

  8         terminology; amending s. 376.0705, F.S.,

  9         relating to development of training programs

10         for pollution discharge prevention and cleanup

11         activities; revising terminology; amending s.

12         403.716, F.S., relating to training of

13         operators of solid waste management and other

14         facilities; revising terminology; amending s.

15         411.222, F.S., relating to intraagency and

16         interagency coordination regarding parent

17         education and child care courses; revising

18         terminology; amending s. 420.0004, F.S.,

19         relating to state housing; revising

20         terminology; amending s. 420.524, F.S.,

21         relating to the Predevelopment Loan Program

22         Act; revising terminology; amending s. 420.602,

23         F.S., relating to the Affordable Housing

24         Planning and Community Assistance Act; revising

25         terminology; amending s. 440.16, F.S., relating

26         to compensation for death; revising

27         terminology; conforming a cross-reference;

28         amending s. 446.011, F.S., relating to

29         apprenticeship training; providing legislative

30         intent regarding preapprenticeship programs in

31         the State Community College System; amending s.

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         446.041, F.S.; requiring the Division of Jobs

  2         and Benefits to cooperate with and assist the

  3         State Board of Community Colleges in the

  4         development of apprenticeship and

  5         preapprenticeship programs; amending s. 943.14,

  6         F.S., relating to criminal justice training

  7         schools; revising terminology; repealing s.

  8         235.199, F.S., relating to cooperative funding

  9         of vocational educational facilities; repealing

10         s. 239.249, F.S., relating to performance-based

11         incentive funding for vocational and technical

12         education programs; repealing s. 239.5142,

13         F.S., relating to a standard fee implementation

14         schedule; amending s. 240.40685, F.S., relating

15         to the Certified Education Paraprofessional

16         Welfare Transition Program; conforming

17         terminology; deleting obsolete provisions

18         relating to the Performance Based Incentive

19         Funding Program; amending s. 246.50, F.S.,

20         relating to the Certified Teacher-Aide Welfare

21         Transition Program; deleting obsolete

22         provisions relating to the Performance Based

23         Incentive Funding Program; repealing s.

24         288.9952(5), F.S., relating to the Workforce

25         Development Board; deleting obsolete provisions

26         relating to the Performance Based Incentive

27         Funding Program; providing an effective date.

28

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

30

31

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         Section 1.  Section 239.214, Florida Statutes, is

  2  created to read:

  3         239.214  Workforce development education.--

  4         (1)  SHORT TITLE.--This section may be cited as the

  5  "Workforce Development Education Unification Act of 2000."

  6         (2)  LEGISLATIVE INTENT.--It is the intent of the

  7  Legislature to unify and consolidate the delivery of adult

  8  workforce development education programs to accomplish the

  9  following state-level priorities:

10         (a)  Focus public schools on the mission of educating

11  K-12 students.

12         (b)  Strengthen high school vocational education

13  programs that prepare students for postsecondary workforce

14  education opportunities.

15         (c)  Eliminate duplicative adult workforce development

16  education programs and services.

17         (d)  Reduce administrative costs associated with the

18  delivery of adult workforce development education.

19         (e)  Identify single points of entry for businesses and

20  students for vocational certificate, adult education, and

21  continuing workforce education.

22         (f)  Provide one point of accountability relating to

23  return on the investment of public dollars.

24         (g)  Minimize waste by maximizing the transfer of

25  credit hours without jeopardizing institutional accreditation.

26         (h)  Unify facilities' planning, funding, and

27  construction.

28         (3)  TRANSFER OF EXISTING ADULT WORKFORCE DEVELOPMENT

29  PROGRAMS.--Notwithstanding any other provision of law to the

30  contrary, all public adult workforce development programs and

31

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  all area technical centers shall be transferred to community

  2  colleges effective July 1, 2000, at which time:

  3         (a)  Responsibility for the provision of all public

  4  adult workforce development education will be shifted from the

  5  school district to the community college in whose service area

  6  the adult workforce development education program is located.

  7         (b)  The certification and accreditation status of an

  8  adult workforce development education program shall be

  9  unaffected by the transfer of the program to the respective

10  community college, which shall maintain all standards

11  necessary to continue to meet requirements for certification

12  and accreditation.

13         (c)  Area technical center and adult vocational program

14  facilities or educational plants and related equipment, as

15  defined in s. 235.011(6) and (7), which are owned by the state

16  and paid for with only state funds, shall be transferred to

17  the community college in whose service area the area technical

18  center is located. If an educational facility or plant is used

19  for purposes in addition to adult vocational education, the

20  State Board of Education shall mediate the transfer or the

21  development and implementation of a suitable and equitable

22  multiuse arrangement between the local district school board

23  and the community college board of trustees.

24         (d)  Area technical center and adult vocational program

25  educational facilities or plants and related equipment, as

26  defined in s. 235.011(6) and (7), which are owned by the

27  school district and paid for in whole or in part with local

28  tax funds shall be leased to the community college in whose

29  service area the area technical center is located. However, if

30  such educational facility or plant, or part of such facility

31  or plant, is used for other purposes in addition to adult

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  vocational education, the State Board of Education shall

  2  mediate a suitable and equitable lease agreement between the

  3  local school board and the community college board of

  4  trustees. If a school district and a community college cannot

  5  agree on the terms and conditions of the lease agreement, the

  6  State Board of Education shall finalize the agreement and

  7  report its decision to the Legislature.

  8         (e)  The community college board of trustees may

  9  provide for school district area technical center or adult

10  vocational center staff employed in full-time budgeted

11  positions to be transferred into the community college

12  personnel system at the same rate of salary.  Retirement and

13  leave provisions shall be transferred according to law.  In

14  transferring staff from school districts to the community

15  college, the community college shall make every effort

16  possible to place current school district adult vocational

17  education program staff in the community college and to assist

18  such staff in acquiring training and certification necessary

19  to be employed in the community college's adult vocational

20  education programs.

21         (4)  STUDY.--By December 31, 2000, the Bureau of

22  Educational Facilities of the Department of Education shall

23  conduct an analysis to determine the amount of local tax

24  contribution used in the construction of a

25  school-district-owned area technical center or other adult

26  vocational educational center, or educational plant affected

27  by the transfer.  The local community college district board

28  of trustees may make a legislative budget request through the

29  State Board of Community Colleges to purchase the area

30  technical center educational facility or plant, or the

31

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  community college may continue to lease the facility from the

  2  local school district.

  3         Section 2.  Paragraph (a) of subsection (2) and

  4  paragraphs (b) and (c) of subsection (5) of section 20.15,

  5  Florida Statutes, are amended to read:

  6         20.15  Department of Education.--There is created a

  7  Department of Education.

  8         (2)  COMMISSIONER OF EDUCATION.--The head of the

  9  Department of Education is the Commissioner of Education who

10  shall be elected by vote of the qualified electors of the

11  state pursuant to s. 5, Art. IV of the State Constitution.

12         (a)  The Commissioner of Education shall appoint a

13  Deputy Commissioner for Educational Programs who has such

14  powers, duties, responsibilities, and functions as are

15  necessary to ensure the greatest possible coordination,

16  efficiency, and effectiveness of kindergarten through

17  12th-grade education and vocational and continuing education

18  programs, including workforce development.

19         (5)  POWERS AND DUTIES.--The State Board of Education

20  and the Commissioner of Education:

21         (b)  Shall assign to the Division of Workforce

22  Development such powers, duties, responsibilities, and

23  functions as are necessary to ensure the greatest possible

24  coordination, efficiency, and effectiveness of federally

25  funded workforce development education and kindergarten

26  through 12th grade vocational education.

27         (c)  Shall assign to the State Board of Community

28  Colleges such powers, duties, responsibilities, and functions

29  as are necessary to ensure the coordination, efficiency, and

30  effectiveness of community colleges, including all adult

31  workforce development programs, except those duties

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  specifically assigned to the Commissioner of Education in ss.

  2  229.512 and 229.551, and the duties concerning physical

  3  facilities in chapter 235, and the duties assigned to the

  4  Division of Workforce Development in chapter 239.

  5         Section 3.  Paragraph (a) of subsection (12) of section

  6  228.053, Florida Statutes, is amended to read:

  7         228.053  Developmental research schools.--

  8         (12)  EXCEPTIONS TO LAW.--To encourage innovative

  9  practices and facilitate the mission of the developmental

10  research schools, in addition to the exceptions to law

11  specified in s. 229.592, the following exceptions shall be

12  permitted for developmental research schools:

13         (a)  The methods and requirements of the following

14  statutes shall be held in abeyance:  ss. 230.01; 230.02;

15  230.03; 230.04; 230.05; 230.061; 230.10; 230.105; 230.11;

16  230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 230.19;

17  230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318; 230.232;

18  230.24; 230.241; 230.26; 230.28; 230.30; 230.303; 230.31;

19  230.32; 230.321; 230.33; 230.35; 230.39; 230.63; 230.64;

20  230.643; 234.01; 234.021; 234.112; 236.25; 236.261; 236.29;

21  236.31; 236.32; 236.35; 236.36; 236.37; 236.38; 236.39;

22  236.40; 236.41; 236.42; 236.43; 236.44; 236.45; 236.46;

23  236.47; 236.48; 236.49; 236.50; 236.51; 236.52; 236.55;

24  236.56; 237.051; 237.071; 237.091; 237.201; 237.40; and

25  316.75. With the exception of subsection (16) of s. 230.23, s.

26  230.23 shall be held in abeyance. Reference to school boards

27  in s. 230.23(16) shall mean the president of the university or

28  the president's designee.

29         Section 4.  Section 229.133, Florida Statutes, is

30  renumbered as section 239.219, Florida Statutes, and amended

31  to read:

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    Florida Senate - 2000                                  SB 1472
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  1         239.219 229.133  Career education programs to meet

  2  workforce shortages; rulemaking.--The State Board of Community

  3  Colleges Education shall adopt rules pursuant to which an area

  4  technical center or community college may conduct career

  5  education programs to meet statewide workforce shortage needs.

  6         Section 5.  Subsection (1) of section 229.551, Florida

  7  Statutes, is amended to read:

  8         229.551  Educational management.--

  9         (1)  The department is directed to identify all

10  functions which under the provisions of this act contribute

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

12  accountability and to establish within the department the

13  necessary organizational structure, policies, and procedures

14  for effectively coordinating such functions.  Such policies

15  and procedures shall clearly fix and delineate

16  responsibilities for various aspects of the system and for

17  overall coordination of the total system.  The commissioner

18  shall perform the following duties and functions:

19         (a)  Coordination of department plans for meeting

20  educational needs and for improving the quality of education

21  provided by the state system of public education.;

22         (b)  Coordination of management information system

23  development for all levels of education and for all divisions

24  of the department, to include the development and utilization

25  of cooperative education computing networks for the state

26  system of public education.;

27         (c)  Development of database definitions and all other

28  items necessary for full implementation of a comprehensive

29  management information system as required by s. 229.555.;

30         (d)  Coordination of all planning functions for all

31  levels and divisions within the department.;

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    Florida Senate - 2000                                  SB 1472
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  1         (e)  Coordination of all cost accounting and cost

  2  reporting activities for all levels of education, including

  3  public schools, vocational programs, community colleges, and

  4  institutions in the State University System.;

  5         (f)  Development and coordination of a common course

  6  designation and numbering system for postsecondary education

  7  in school districts, community colleges, participating

  8  nonpublic postsecondary education institutions, and the State

  9  University System which will improve program planning,

10  increase communication among all postsecondary delivery

11  systems, and facilitate the transfer of students. The system

12  shall not encourage or require course content prescription or

13  standardization or uniform course testing, and the continuing

14  maintenance of the system shall be accomplished by appropriate

15  faculty committees representing public and participating

16  nonpublic institutions. The Articulation Coordinating

17  Committee, whose membership represents public and nonpublic

18  postsecondary institutions, shall:

19         1.  Identify the highest demand degree programs within

20  the State University System.

21         2.  Conduct a study of courses offered by universities

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

23  identify courses designated as either general education or

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

25  identify these courses as upper-division level or

26  lower-division level.

27         3.  Appoint faculty committees representing both

28  community college and university faculties to recommend a

29  single level for each course included in the common course

30  numbering and designation system. Any course designated as an

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

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  for advanced academic preparation and skills that a student

  2  would be unlikely to achieve without significant prior

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

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

  5  a baccalaureate degree shall be designated for both the lower

  6  and upper division. Of the courses required for each

  7  baccalaureate degree, at least half of the credit hours

  8  required for the degree shall be achievable through courses

  9  designated as lower-division courses, except in degree

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

11  240.209(5)(e). A course designated as lower-division may be

12  offered by any community college. The Articulation

13  Coordinating Committee shall recommend to the State Board of

14  Education the levels for the courses. The common course

15  numbering and designation system shall include the courses at

16  the recommended levels, and, by fall semester of 1996, the

17  registration process at each state university and community

18  college shall include the courses at their designated levels

19  and common course numbers.

20         4.  Appoint faculty committees representing both

21  community college and university faculties to recommend those

22  courses identified to meet general education requirements

23  within the subject areas of communication, mathematics, social

24  sciences, humanities, and natural sciences.  The Articulation

25  Coordinating Committee shall recommend to the State Board of

26  Education those courses identified to meet these general

27  education requirements by their common course code number. All

28  community colleges and state universities shall accept the

29  transfer of these general education courses on an individual

30  course basis.

31

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1         5.  Appoint faculty committees representing both

  2  community colleges and universities to recommend common

  3  prerequisite courses and identify course substitutions when

  4  common prerequisites cannot be established for degree programs

  5  across all institutions. Faculty work groups shall adopt a

  6  strategy for addressing significant differences in

  7  prerequisites, including course substitutions.  The Board of

  8  Regents shall be notified by the Articulation Coordinating

  9  Committee when significant differences remain. Common degree

10  program prerequisites shall be offered and accepted by all

11  state universities and community colleges, except in cases

12  approved by the Board of Regents pursuant to s. 240.209(5)(f).

13  The Board of Regents shall work with the State Board of

14  Community Colleges on the development of a centralized

15  database containing the list of courses and course

16  substitutions that meet the prerequisite requirements for each

17  baccalaureate degree program.;

18         (g)  Expansion and ongoing maintenance of the common

19  course designation and numbering system to include the

20  numbering and designation of postsecondary vocational courses

21  and facilitate the transfer of credits between public schools,

22  community colleges, and state universities. The Articulation

23  Coordinating Committee shall:

24         1.  Adopt guidelines for the participation of public

25  school districts and community colleges in offering courses

26  that may be transferred to a certificate, diploma, or degree

27  program.  These guidelines shall establish standards

28  addressing faculty qualifications, admissions, program

29  curricula, participation in the common course designation and

30  numbering system, and other issues identified by the State

31  Board of Community Colleges Task Force on Workforce

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  1  Development and the Commissioner of Education. Guidelines

  2  should also address the role of accreditation in the

  3  designation of courses as transferable credit. Such guidelines

  4  must not jeopardize the accreditation status of educational

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

  6  of credit transfer among institutions in this state and

  7  others.

  8         2.  Identify within the common course numbering and

  9  designation system all courses applicable toward a vocational

10  certificate or degree postsecondary vocational programs

11  offered by community colleges and public school districts. The

12  list shall also identify vocational courses designated as

13  college credit courses applicable toward a vocational diploma

14  or degree. Such courses must be identified within the common

15  course numbering and designation system.

16         3.  Appoint faculty committees representing both

17  community college and public school faculties to recommend a

18  standard program length and appropriate occupational

19  completion points for each postsecondary vocational

20  certificate program, diploma, and degree.; and

21         (h)  Development of common definitions necessary for

22  managing a uniform coordinated system of workforce development

23  career education for all levels of the state system of

24  postsecondary public education.

25         Section 6.  Subsection (1) of section 229.592, Florida

26  Statutes, is amended to read:

27         229.592  Implementation of state system of school

28  improvement and education accountability.--

29         (1)  DEVELOPMENT.--It is the intent of the Legislature

30  that every public school in the state, including schools

31  operating for the purpose of providing educational services to

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  1  youth in Department of Juvenile Justice programs, shall have a

  2  school improvement plan, as required by s. 230.23(16).

  3  Vocational standards considered pursuant to s. 239.229 shall

  4  be incorporated into the school improvement plan for each area

  5  technical center operated by a school board, and area

  6  technical centers shall prepare school report cards

  7  incorporating such standards, pursuant to s. 230.23(16). In

  8  order to accomplish this, the Commissioner of Education and

  9  the school districts and schools shall carry out the duties

10  assigned to them by s. 230.23(16).

11         Section 7.  Section 230.63, Florida Statutes, is

12  renumbered as section 239.215, Florida Statutes, and amended

13  to read:

14         239.215 230.63  When area technical centers may be

15  organized.--

16         (1)  SCHOOL BOARD MAY ESTABLISH OR ACQUIRE AREA

17  TECHNICAL CENTERS.--Any community college school board, after

18  first obtaining the approval of the State Board of Community

19  Colleges, Department of Education may, as a part of the

20  district school system under the provisions of s. 228.061,

21  organize, establish and operate an area technical center, or

22  acquire and operate a vocational-technical school previously

23  established.

24         (2)  SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY

25  ESTABLISH OR ACQUIRE AREA TECHNICAL CENTERS.--The school

26  boards of any two or more contiguous districts may, upon first

27  obtaining the approval of the department, enter into an

28  agreement to organize, establish and operate, or acquire and

29  operate, an area technical center under this section.

30

31

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  1         Section 8.  Section 230.64, Florida Statutes, is

  2  renumbered as section 239.216, Florida Statutes, and amended

  3  to read:

  4         239.216 230.64  Area technical center part of district

  5  school system; minimum standards.--

  6         (1)  AREA TECHNICAL CENTER PART OF DISTRICT SCHOOL

  7  SYSTEM DIRECTED BY A DIRECTOR.--An area technical center

  8  established or acquired under provisions of law, shall

  9  comprise a part of the district school system of the state and

10  shall be mean an educational institution offering terminal

11  courses of a technical and vocational nature, and courses for

12  out-of-school youth and adults, shall be subject to the

13  general school laws of the state insofar as such laws are

14  applicable, shall be under the control of the school board of

15  the district in which it is located and shall be directed by a

16  director, who shall be responsible to the president of a

17  community college, through the district board of trustees of

18  the community college in whose service area superintendent to

19  the school board of the district in which the center is

20  located.

21         (2)  COMMISSIONER SHALL PRESCRIBE MINIMUM

22  STANDARDS.--The State Board of Community Colleges commissioner

23  shall prescribe minimum standards that must be met before an

24  area technical center is organized, acquired, or operated, and

25  that will assure that the purposes of the center are attained.

26         Section 9.  Section 230.643, Florida Statutes, is

27  renumbered as section 239.218, Florida Statutes, and amended

28  to read:

29         239.218 230.643  Academic transcript for area technical

30  vocational-technical center student; requirement.--Each area

31  technical vocational-technical center shall maintain an

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  1  academic transcript for each student enrolled in the center.

  2  Such transcript shall delineate each course completed by the

  3  student. Courses shall be delineated by the course prefix and

  4  title assigned pursuant to s. 229.551(1)(f).  The center shall

  5  make a copy of a student's transcript available to any student

  6  who requests such copy.

  7         Section 10.  Subsection (2) of section 231.361, Florida

  8  Statutes, is amended to read:

  9         231.361  Vocational teachers; status.--

10         (2)  A holder of a certificate based on nonacademic

11  preparation which entitled him or her to employment to teach

12  classes in career or adult education shall not be assigned to

13  teach in a regular academic field of the kindergarten through

14  grade 12 school program.

15         Section 11.  Subsection (2) of section 232.2466,

16  Florida Statutes, is amended to read:

17         232.2466  College-ready diploma program.--

18         (2)  A college-ready diploma entitles a student to

19  admission without additional placement testing to a public

20  postsecondary education program that terminates in a technical

21  certificate, an applied technology diploma, an associate in

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

23  associate in arts degree, if the student enters postsecondary

24  education within 2 years after earning the college-ready

25  diploma.

26         Section 12.  Paragraph (b) of subsection (4) of section

27  232.435, Florida Statutes, is amended to read:

28         232.435  Extracurricular athletic activities; athletic

29  trainers.--

30         (4)  The Department of Education shall have the

31  following responsibilities:

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  1         (b)  To singly, or collectively with school districts,

  2  develop and implement one or more inservice education programs

  3  in conjunction with teacher education centers, area technical

  4  vocational-technical centers, community colleges, or state

  5  universities that assist instructional personnel in the

  6  attainment of standards required for designation as a teacher

  7  athletic trainer.  Such programs may be conducted at the

  8  district, regional, or state level.

  9         Section 13.  Paragraph (a) of subsection (3) of section

10  235.435, Florida Statutes, is amended to read:

11         235.435  Funds for comprehensive educational plant

12  needs; construction cost maximums for school district capital

13  projects.--Allocations from the Public Education Capital

14  Outlay and Debt Service Trust Fund to the various boards for

15  capital outlay projects shall be determined as follows:

16         (3)(a)  Each district school board shall receive an

17  amount from the Public Education Capital Outlay and Debt

18  Service Trust Fund to be calculated by computing the capital

19  outlay full-time equivalent membership as determined by the

20  department.  Such membership must include, but is not limited

21  to:

22         1.  K-12 students, except hospital and homebound

23  part-time students; and

24         2.  Students who are workforce development education

25  students, and adult disabled students and who are enrolled in

26  school district technical centers. The capital outlay

27  full-time equivalent membership shall be determined for

28  kindergarten through the 12th grade and for

29  vocational-technical centers by averaging the unweighted

30  full-time equivalent student membership for the second and

31  third surveys and comparing the results on a school-by-school

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  1  basis with the Florida Inventory for School Houses.  The

  2  capital outlay full-time equivalent membership by grade level

  3  organization shall be used in making the following

  4  calculations:  The capital outlay full-time equivalent

  5  membership by grade level organization for the 1981-1982

  6  fiscal year shall be computed as the base year. The capital

  7  outlay full-time equivalent membership by grade level

  8  organization for the 1984-1985 fiscal year shall be computed

  9  with the positive increase over the base year constituting

10  growth.  From the total amount appropriated by the Legislature

11  pursuant to this subsection, 40 percent shall be allocated

12  among the base capital outlay full-time equivalent membership

13  and 60 percent among the growth capital outlay full-time

14  equivalent membership. The allocation within each of these

15  groups shall be prorated to the districts based upon each

16  district's percentage of base and growth capital outlay

17  full-time membership.  The most recent 4-year capital outlay

18  full-time equivalent membership data shall be used in each

19  subsequent year's calculation for the allocation of funds

20  pursuant to this subsection.  If the growth capital outlay

21  full-time equivalent membership for a district declines in any

22  year used in their calculation after the initial allocation

23  pursuant to this subsection, no allocation for growth capital

24  outlay full-time equivalent membership shall be made for any

25  subsequent year until the number of capital outlay full-time

26  equivalent membership has exceeded the number for which an

27  allocation has already been made. If a change, correction, or

28  recomputation of data during any year results in a reduction

29  or increase of the calculated amount previously allocated to a

30  district, the allocation to that district shall be adjusted

31  correspondingly.  If such recomputation results in an increase

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  1  or decrease of the calculated amount, such additional or

  2  reduced amounts shall be added to or reduced from the

  3  district's future appropriations.  However, no change,

  4  correction, or recomputation of data shall be made subsequent

  5  to 2 years following the initial annual allocation.

  6         Section 14.  Subsection (1) of section 239.101, Florida

  7  Statutes, is amended to read:

  8         239.101  Legislative intent.--

  9         (1)  The Legislature recognizes that education is a

10  function of both knowledge and the application of knowledge.

11  In this context, career education assumes a paramount role.

12  The Legislature finds that career and academic education are

13  complementary, rather than exclusive.  Students are better

14  served by a curriculum that incorporates both forms of

15  education than one that is vested in either area exclusively.

16  The Legislature intends that public secondary schools focus

17  their resources toward, and be primarily responsible for, the

18  provision of K-12 education. The Legislature further intends

19  that community colleges serve as the only public postsecondary

20  education providers of adult workforce development education.

21         Section 15.  Subsections (8) through (29) of section

22  239.105, Florida Statutes, are amended to read:

23         239.105  Definitions.--As used in this chapter, the

24  term:

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

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

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

28  in a specific occupation. An applied technology diploma

29  program may consist of either vocational credit or college

30  credit. A public school district may offer an applied

31  technology diploma program only as vocational credit, with

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  1  college credit awarded to a student upon articulation to a

  2  community college. Statewide articulation among public schools

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

  4  subject to guidelines and standards adopted by the

  5  articulation coordinating committee pursuant to s.

  6  229.551(1)(g).

  7         (8)(9)  "Basic literacy," which is also referred to as

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

  9  academic competence from 2.0 through 5.9 educational grade

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

11  State Board of Education.

12         (9)(10)  "Beginning literacy" means the demonstration

13  of academic competence from 0 through 1.9 educational grade

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

15  State Board of Education.

16         (10)(11)  "College-preparatory instruction" means

17  courses through which a high school graduate who applies for

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

19  degree program may attain the communication and computation

20  skills necessary to enroll in college credit instruction.

21         (11)(12)  "Commissioner" means the Commissioner of

22  Education.

23         (12)(13)  "Community education" means the use of a

24  school or other public facility as a community center operated

25  in conjunction with other public, private, and governmental

26  organizations for the purpose of providing educational,

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

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

29  interests, and concerns of that community, including lifelong

30  learning.

31

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  1         (13)(14)  "Continuing workforce education" means

  2  instruction that does not result in a vocational certificate,

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

  4  science degree.  Continuing workforce education is for:

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

  6  licensure renewal or certification renewal by a regulatory

  7  agency or credentialing body;

  8         (b)  New or expanding businesses as described in

  9  chapter 288;

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

11  products or services are changing so that retraining of

12  employees is necessary or whose employees need training in

13  specific skills to increase efficiency and productivity; or

14         (d)  Individuals who are enhancing occupational skills

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

16  to upgrade employment.

17         (14)(15)  "Degree vocational education program" means a

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

19  degree or an associate in science degree.  A degree vocational

20  education program may contain within it one or more

21  occupational completion points and may lead to certificates or

22  diplomas within the course of study. Community colleges are

23  the only public postsecondary education institutions

24  authorized to offer these degrees. The term is interchangeable

25  with the term "degree career education program."

26         (15)(16)  "Department" means the Department of

27  Education.

28         (16)(17)  "Family literacy" means a program for adults

29  with a literacy component for parents and children or other

30  intergenerational literacy components.

31

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  1         (17)(18)  "Functional literacy," which is also referred

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

  3  demonstration of academic competence from 6.0 through 8.9

  4  educational grade levels as measured by means approved for

  5  this purpose by the State Board of Education.

  6         (18)(19)  "General Educational Development (GED) test

  7  preparation" means courses of instruction designed to prepare

  8  adults for success on the five GED subject area tests leading

  9  to qualification for a State of Florida high school diploma.

10         (19)(20)  "Lifelong learning" means a noncredit course

11  or activity offered by a school district or community college

12  which seeks to address community social and economic issues

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

14  consumer economics, and senior citizens.  The course or

15  activity must have specific expected outcomes that relate to

16  one or more of these areas.

17         (20)(21)  "Local educational agency" means a community

18  college or school district.

19         (21)(22)  "Local sponsor" means a school board,

20  community college board of trustees, public library, other

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

22  of these entities, that provides adult literacy instruction.

23         (22)(23)  "Vocational certificate program" means a

24  course of study that leads to at least one occupational

25  completion point. The program may also confer credit that may

26  articulate with a diploma or degree career education program,

27  if authorized by rules of the State Board of Community

28  Colleges Department of Education. Any credit instruction

29  designed to articulate to a vocational education or

30  baccalaureate degree program is subject to guidelines and

31  standards adopted by the Articulation Coordinating Committee

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  1  pursuant to s. 229.551(1)(g). The term is interchangeable with

  2  the term "certificate career education program."

  3         (23)(24)  "Occupational completion point" means the

  4  vocational competencies that qualify a person to enter an

  5  occupation that is linked to a vocational program.

  6         (24)(25)  "Vocational education planning region" means

  7  the geographic area in which career or adult education is

  8  provided.  Each vocational region is contiguous with one of

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

10  interchangeably with the term "career education planning

11  region."

12         (25)(26)  "Vocational-preparatory instruction" means

13  adult general education through which persons attain academic

14  and workforce readiness skills at the level of functional

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

16  may pursue certificate career education or higher-level career

17  education.

18         (26)(27)  "Vocational program" means a group of

19  identified competencies leading to occupations identified by a

20  Classification of Instructional Programs number.

21         (27)(28)  "Workforce development education" means adult

22  general education or vocational education and may consist of a

23  continuing workforce education course or a program of study

24  leading to an occupational completion point, a vocational

25  certificate, an applied technology diploma, or a vocational

26  education degree.

27         (28)(29)  "Workforce literacy" means the basic skills

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

29  necessary to adapt to technological advances in the workplace.

30         Section 16.  Section 239.113, Florida Statutes, is

31  amended to read:

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  1         239.113  Registration of adult students.--Each school

  2  district and community college shall maintain sufficient

  3  information for each student enrolled in workforce development

  4  education or lifelong learning courses to allow local and

  5  state administrators to locate such student upon the

  6  termination of instruction and to determine the

  7  appropriateness of student placement in specific instructional

  8  programs.  The State Board of Community Colleges for Career

  9  Education shall adopt, in rule, specific information that must

10  be maintained and acceptable means of maintaining that

11  information.

12         Section 17.  Section 239.115, Florida Statutes, is

13  amended to read:

14         239.115  Funds for operation of adult general education

15  and adult vocational education programs.--

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

17  development education" and "workforce development program"

18  include:

19         (a)  Adult general education programs designed to

20  improve the employability skills of the state's workforce

21  through adult basic education, adult secondary education, GED

22  preparation, and vocational-preparatory education.

23         (b)  Vocational certificate programs, including courses

24  that lead to an occupational completion point within a program

25  that terminates in either a certificate, a diploma or a

26  vocational education degree.

27         (c)  Applied technology diploma programs.

28         (c)(d)  Continuing workforce education courses.

29         (d)(e)  Degree vocational education programs.

30         (e)(f)  Apprenticeship and preapprenticeship programs

31  as defined in s. 446.021.

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  1         (2)  Any workforce development education program may be

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

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

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

  5  in science degree program contains within it an occupational

  6  completion point that confers a certificate or an applied

  7  technology diploma, that portion of the program may be

  8  conducted by a school district technical center. Any

  9  instruction designed to articulate to a vocational education

10  or baccalaureate degree program is subject to guidelines and

11  standards adopted by the Articulation Coordinating Committee

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

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

14  239.301 is a workforce development program as defined in law

15  it must be funded as provided in this section.

16         (4)  The Florida Workforce Development Education Fund

17  is created to provide performance-based funding for all adult

18  workforce development programs, whether the programs are

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

20  for all adult workforce development education programs must be

21  from the Workforce Development Education Fund and must be

22  based on cost categories, performance output measures, and

23  performance outcome measures. This subsection takes effect

24  July 1, 2000 1999.

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

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

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

28  program of study to a cost category must include at least both

29  direct and indirect instructional costs, consumable supplies,

30  equipment, and standard program length.

31

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

  2  education programs of study is student completion of a

  3  vocational program of study that leads to an occupational

  4  completion point associated with a certificate; an

  5  apprenticeship program; or a program that leads to an applied

  6  technology diploma or an associate in science or associate in

  7  applied science degree. Performance output measures for

  8  registered apprenticeship programs shall be based on program

  9  lengths that coincide with lengths established pursuant to the

10  requirements of chapter 446.

11         2.  The performance output measure for an adult general

12  education course of study is measurable improvement in student

13  skills. This measure shall include improvement in literacy

14  skills, grade level improvement as measured by an approved

15  test, or attainment of a general education development diploma

16  or an adult high school diploma.

17         (c)  The performance outcome measures for programs

18  funded through the Workforce Development Education Fund are

19  associated with placement and retention of students after

20  reaching a completion point or completing a program of study.

21  These measures include placement or retention in employment

22  that is related to the program of study; placement into or

23  retention in employment in an occupation on the Occupational

24  Forecasting Conference list of high-wage, high-skill

25  occupations with sufficient openings; and placement and

26  retention of WAGES clients or former WAGES clients in

27  employment. Continuing postsecondary education at a level that

28  will further enhance employment is a performance outcome for

29  adult general education programs. Placement and retention must

30  be reported pursuant to ss. 229.8075 and 239.233.

31

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  1         (5)  Effective July 1, 2000 1999, for community

  2  colleges school districts providing adult basic education for

  3  the elderly to at least 10,000 students during fiscal year

  4  1996-1997, and to at least 10,000 students during subsequent

  5  fiscal years, funds for these adult basic education courses

  6  for the elderly may be provided in a separate categorical

  7  subject to provisions defined in the General Appropriations

  8  Act.  Unless exempt pursuant to s. 239.117, fees for these

  9  courses shall be set at no less than 10 percent of the average

10  cost of instruction.

11         (6)  State funding and student fees for workforce

12  development instruction funded through the Workforce

13  Development Education Fund shall be established as follows:

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

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

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

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

18         (b)  For all other workforce development education

19  funded through the Workforce Development Education Fund, state

20  funding shall equal no less than 75 percent of the average

21  cost of instruction with the remaining percentage 25 percent

22  made up from student fees.  Fees for courses within a program

23  shall not vary according to the cost of the individual

24  program, but instead shall be based on a uniform fee

25  calculated and set at the state level, as adopted by the State

26  Board of Community Colleges Education, unless otherwise

27  specified in the General Appropriations Act.

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

29  unless otherwise provided for in law, state funding shall

30  equal 100 percent of the average cost of instruction.

31

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  1         (7)  Beginning in fiscal year 2000-2001 1999-2000, a

  2  school district or a community college that provides workforce

  3  development education funded through the Workforce Development

  4  Education Fund shall receive funds in accordance with

  5  distributions for base and performance funding established by

  6  the Legislature in the General Appropriations Act, pursuant to

  7  the following conditions:

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

  9  current fiscal year total Workforce Development Education Fund

10  allocation, which shall be distributed by the Legislature in

11  the General Appropriations Act based on a maximum of 85

12  percent of the institution's prior year total allocation from

13  base and performance funds.

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

15  of the current fiscal year total Workforce Development

16  Education Fund allocation, which shall be distributed by the

17  Legislature in the General Appropriations Act based on the

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

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

20  Performance funding must incorporate payments for at least

21  three levels of placements that reflect wages and workforce

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

23  the payments for placement. For fiscal year 2000-2001

24  1999-2000, school districts and community colleges shall be

25  awarded funds pursuant to this paragraph based on performance

26  output data generated for fiscal year 1998-1999 and

27  performance outcome data available in fiscal year 1997-1998

28  that year.

29         (c)  If a community college local educational agency

30  achieves a level of performance sufficient to generate a full

31  allocation as authorized by the workforce development funding

                                  33

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  formula, the community college agency may earn performance

  2  incentive funds as appropriated for that purpose in a General

  3  Appropriations Act. If performance incentive funds are funded

  4  and awarded, these funds must be added to the community

  5  college's local educational agency's prior year total

  6  allocation from the Workforce Development Education Fund and

  7  shall be used to calculate the following year's base funding.

  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.

16  Notwithstanding s. 216.351, funds awarded pursuant to this

17  section may be carried across fiscal years and shall not

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

19  community college board of trustees.

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

21  Community Colleges, in consultation with and the Jobs and

22  Education Partnership and the Department of Education, shall

23  provide the Legislature with recommended formulas, criteria,

24  timeframes, and mechanisms for distributing performance funds.

25  Such recommendations may provide performance exemptions for

26  new workforce development education programs and workforce

27  development education programs transferred from school

28  districts to community colleges, as defined in s. 239.105, for

29  a period not to exceed 2 years from the implementation of the

30  new program. The commissioner shall consolidate the

31  recommendations and develop a consensus proposal for funding.

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  1  The Legislature shall adopt a formula and distribute the

  2  performance funds to the Division of Community Colleges and

  3  the Division of Workforce Development through the General

  4  Appropriations Act. These recommendations shall be based on

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

  6  programs and encourage through performance-funding awards:

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

  8  occupations identified by the Occupational Forecasting

  9  Conference created by s. 216.136 and other programs as

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

11  performance incentives shall be calculated for adults who

12  reach completion points or complete programs that lead to

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

14  employment.

15         (b)  Programs that successfully prepare adults who are

16  eligible for public assistance, economically disadvantaged,

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

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

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

20  adults identified in this paragraph and job placement of such

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

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

23         (c)  Programs identified by the Jobs and Education

24  Partnership as increasing the effectiveness and cost

25  efficiency of education.

26         (d)  Upon the joint recommendation of local elected

27  officials, a regional workforce development board, and a

28  community college, the Jobs and Education Partnership may

29  expand the occupations that are included in the performance

30  funding program. Occupations so identified must meet needs

31  created by local emergencies or plant closings.

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    5-1225-00                                               See HB




  1         (e)  The Jobs and Education Partnership may add

  2  occupations recommended by the Quick-Response Advisory

  3  Committee as emerging occupations according to s. 288.047 to

  4  the list of recommendations produced by the Occupational

  5  Forecasting Conference.

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

  7  240.116 in a workforce development program funded through the

  8  Workforce Development Education Fund and operated by a

  9  community college or school district technical center

10  generates the amount calculated by the Workforce Development

11  Education Fund, including any payment of performance funding,

12  and the proportional share of full-time equivalent enrollment

13  generated through the Florida Education Finance Program for

14  the student's enrollment in a high school. If a high school

15  student is dually enrolled in a community college program,

16  including a program conducted at a high school, the community

17  college earns the funds generated through the Workforce

18  Development Education Fund and the school district earns the

19  proportional share of full-time equivalent funding from the

20  Florida Education Finance Program. If a student is dually

21  enrolled in a technical center operated by the same district

22  as the district in which the student attends high school, that

23  district earns the funds generated through the Workforce

24  Development Education Fund and also earns the proportional

25  share of full-time equivalent funding from the Florida

26  Education Finance Program. If a student is dually enrolled in

27  a workforce development program provided by a technical center

28  operated by a different school district, the funds must be

29  divided between the two school districts proportionally from

30  the two funding sources. A student may not be reported for

31  funding in a dual enrollment workforce development program

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    5-1225-00                                               See HB




  1  unless the student has completed the basic skills assessment

  2  pursuant to s. 239.213.

  3         (11)  The State Board of Community Colleges Department

  4  of Education may adopt rules to administer this section.

  5         (12)  The Auditor General shall annually audit the

  6  Workforce Development Education Fund. The Office of Program

  7  Policy Analysis and Government Accountability shall review the

  8  workforce development program and provide a report to the

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

10  direction of the Joint Legislative Auditing Committee. Such

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

12  community colleges and school districts, until such time as

13  all workforce development programs are offered only by

14  community colleges, when such audits and reviews shall be

15  based on source data at the community colleges only.

16         Section 18.  Section 239.117, Florida Statutes, is

17  amended to read:

18         239.117  Workforce development postsecondary student

19  fees.--

20         (1)  This section applies to students enrolled in

21  workforce development programs who are reported for funding

22  through the Workforce Development Education Fund, except that

23  college credit fees for the community colleges are governed by

24  s. 240.35.

25         (2)  All students shall be charged fees in accordance

26  with a fee schedule adopted by the State Board of Community

27  Colleges except students who are exempt from fees or students

28  whose fees are waived.

29         (3)  The following students are exempt from any

30  requirement for the payment of registration, matriculation,

31

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

  2  vocational-preparatory instruction:

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

  4  or its equivalent.

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

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

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

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

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

10  administered in the English language and approved by the

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

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

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

14  of registration, matriculation, and laboratory fees:

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

16  admission program pursuant to s. 239.241.

17         (b)  A student enrolled in an approved apprenticeship

18  program, as defined in s. 446.021.

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

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

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

22  planning goal pursuant to part III of chapter 39 is long-term

23  foster care or independent living, or who is adopted from the

24  Department of Children and Family Services after May 5, 1997.

25  Such exemption includes fees associated with enrollment in

26  vocational-preparatory instruction and completion of the

27  college-level communication and computation skills testing

28  program. Such exemption shall be available to any student

29  adopted from the Department of Children and Family Services

30  after May 5, 1997; however, the exemption shall be valid for

31

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  no more than 4 years after the date of graduation from high

  2  school.

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

  4  program under the WAGES Program.  The local WAGES coalition

  5  shall pay the community college or school district for costs

  6  incurred for WAGES clients.

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

  8  nighttime residence or whose primary nighttime residence is a

  9  public or private shelter designed to provide temporary

10  residence for individuals intended to be institutionalized, or

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

12  as, a regular sleeping accommodation for human beings.

13         (f)  A student who is a proprietor, owner, or worker of

14  a company whose business has been at least 50 percent

15  negatively financially impacted by the buy-out of property

16  around Lake Apopka by the State of Florida. Such a student may

17  receive a fee exemption only if the student has not received

18  compensation because of the buy-out, the student is designated

19  a Florida resident for tuition purposes, pursuant to s.

20  240.1201, and the student has applied for and been denied

21  financial aid, pursuant to s. 240.404, which would have

22  provided, at a minimum, payment of all student fees. The

23  student is responsible for providing evidence to the

24  postsecondary education institution verifying that the

25  conditions of this paragraph have been met, including support

26  documentation provided by the Department of Revenue. The

27  student must be currently enrolled in, or begin coursework

28  within, a program area by fall semester 2000.  The exemption

29  is valid for a period of 4 years from the date that the

30  postsecondary education institution confirms that the

31  conditions of this paragraph have been met.

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  1         (5)  School districts and Community colleges may waive

  2  fees for any fee-nonexempt student. A community college may

  3  waive fees up to an amount equal to 8 percent of the community

  4  college's total workforce development enrollment hours. The

  5  total value of fee waivers granted by the school district or

  6  community college may not exceed the amount established

  7  annually in the General Appropriations Act. Any student whose

  8  fees are waived in excess of the authorized amount may not be

  9  reported for state funding purposes. Any school district or

10  community college that waives fees and requests state funding

11  for a student in violation of the provisions of this section

12  shall be penalized at a rate equal to 2 times the value of the

13  full-time student enrollment reported.

14         (6)(a)  The State Board of Community Colleges

15  Commissioner of Education shall provide to the Legislature

16  State Board of Education no later than December 31 of each

17  year a schedule of fees for workforce development education,

18  excluding continuing workforce education, for school districts

19  and community colleges. The fee schedule shall be based on the

20  amount of student fees necessary to produce no more than 25

21  percent of the prior year's average cost of a course of study

22  leading to a certificate or diploma. The schedule so

23  calculated shall be implemented, unless otherwise specified in

24  the General Appropriations Act. At the discretion of a school

25  board or a community college, this fee schedule may be

26  implemented over a 3-year period, with full implementation in

27  the 1999-2000 school year. In years preceding that year, if

28  fee increases are necessary for some programs or courses, the

29  fees shall be raised in increments designed to lessen their

30  impact upon students already enrolled. Fees for students who

31  are not residents for tuition purposes must offset the full

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  cost of instruction. Fee-nonexempt students enrolled in

  2  vocational-preparatory instruction shall be charged fees equal

  3  to the fees charged for certificate career education

  4  instruction. Each community college that conducts

  5  college-preparatory and vocational-preparatory instruction in

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

  7  of instruction.

  8         (b)  Fees for continuing workforce education shall be

  9  locally determined by the school board or community college.

10  However, at least 50 percent of the expenditures for the

11  continuing workforce education program provided by the

12  community college or school district must be derived from

13  fees.

14         (c)  The State Board of Education shall adopt a fee

15  schedule for school districts that produces the fee revenues

16  calculated pursuant to paragraph (a). The schedule so

17  calculated shall take effect, unless otherwise specified in

18  the General Appropriations Act.

19         (d)  The State Board of Education shall adopt, by rule,

20  the definitions and procedures that school boards shall use in

21  the calculation of cost borne by students.

22         (7)  Each year the State Board of Community Colleges

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

24  programs and certificate career education programs supported

25  through student fees.  For students who are residents for

26  tuition purposes, the schedule so adopted must produce

27  revenues equal to 25 percent of the prior year's average

28  program cost for college-preparatory and certificate-level

29  workforce development programs. Fees for continuing workforce

30  education shall be locally determined by the school board or

31  community college. However, at least 50 percent of the

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  expenditures for the continuing workforce education program

  2  provided by the community college or school district must be

  3  derived from fees. Fees for students who are not residents for

  4  tuition purposes must offset the full cost of instruction.

  5         (7)(8)  Each school board and community college board

  6  of trustees may establish a separate fee for financial aid

  7  purposes in an additional amount of up to 10 percent of the

  8  student fees collected for workforce development programs

  9  funded through the Workforce Development Education Fund.  All

10  fees collected shall be deposited into a separate workforce

11  development student financial aid fee trust fund of the

12  district or community college to support students enrolled in

13  workforce development programs. Any undisbursed balance

14  remaining in the trust fund and interest income accruing to

15  investments from the trust fund shall increase the total funds

16  available for distribution to workforce development education

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

18  distributed in accordance with a nationally recognized system

19  of need analysis approved by the State Board of Community

20  Colleges for Career Education. Fees collected pursuant to this

21  subsection shall be allocated in an expeditious manner.

22         (8)(9)  The State Board of Education and the State

23  Board of Community Colleges shall adopt rules to allow the

24  deferral of registration and tuition fees for students

25  receiving financial aid from a federal or state assistance

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

27  student through circumstances beyond the control of the

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

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

30  rules must provide for the enforcement and collection or other

31  settlement of delinquent accounts.

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    5-1225-00                                               See HB




  1         (9)(10)  Any veteran or other eligible student who

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

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

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

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

  6  delay in the receipt of benefits.

  7         (10)(11)  Each school district and community college

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

  9  school district or community college has not collected a

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

11  course for which the student subsequently registers until the

12  fee has been paid.

13         (11)(12)  Any school district or community college that

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

15  in calculations of full-time equivalent enrollments for state

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

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

18  against the following year's allocation from the Florida

19  Workforce Development Education Fund or the Community College

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

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

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

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

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

25  employer fee payments.

26         (12)(13)  Each school district and community college

27  shall report only those students who have actually enrolled in

28  instruction provided or supervised by instructional personnel

29  under contract with the district or community college in

30  calculations of actual full-time enrollments for state funding

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

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  course or who has been granted academic or vocational credit

  2  through means other than actual coursework completed at the

  3  granting institution may not be calculated for enrollment in

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

  5  which the student has been granted credit. School districts

  6  and Community colleges that report enrollments in violation of

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

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

  9  against the following year's allocation from the Workforce

10  Development Education Fund and shall revert to the General

11  Revenue Fund.

12         (13)(14)  School boards and Community college boards of

13  trustees may establish scholarship funds using donations.  If

14  such funds are established, school boards and community

15  college boards of trustees shall adopt rules that provide for

16  the criteria and methods for awarding scholarships from the

17  fund.

18         (14)(15)  Each school board and community college board

19  of trustees may establish a separate fee for capital

20  improvements, technology enhancements, or equipping buildings

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

22  resident students or 5 percent of the matriculation and

23  tuition fee for nonresident students.  Funds collected by

24  community colleges through these fees may be bonded only for

25  the purpose of financing or refinancing new construction and

26  equipment, renovation, or remodeling of educational

27  facilities. The fee shall be collected as a component part of

28  the registration and tuition fees, paid into a separate

29  account, and expended only to construct and equip, maintain,

30  improve, or enhance the certificate career education or adult

31  education facilities of the school district or community

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  college. Projects funded through the use of the capital

  2  improvement fee must meet the survey and construction

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

  4  school board and community college board of trustees shall

  5  identify each project, including maintenance projects,

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

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

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

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

10  term not to exceed 20 years, and not to exceed the useful life

11  of the asset being financed, only for the new construction and

12  equipment, renovation, or remodeling of educational

13  facilities. Community colleges may use the services of the

14  Division of Bond Finance of the State Board of Administration

15  to issue any bonds authorized through the provisions of this

16  subsection. Any such bonds issued by the Division of Bond

17  Finance shall be in compliance with the provisions of the

18  State Bond Act. Bonds issued pursuant to the State Bond Act

19  shall be validated in the manner provided by chapter 75. The

20  complaint for such validation shall be filed in the circuit

21  court of the county where the seat of state government is

22  situated, the notice required to be published by s. 75.06

23  shall be published only in the county where the complaint is

24  filed, and the complaint and order of the circuit court shall

25  be served only on the state attorney of the circuit in which

26  the action is pending. A maximum of 15 cents per credit hour

27  may be allocated from the capital improvement fee for child

28  care centers conducted by the school board or community

29  college board of trustees.

30         (15)(16)  Community colleges and district school boards

31  are not authorized to charge students enrolled in workforce

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    5-1225-00                                               See HB




  1  development programs any fee that is not specifically

  2  authorized by statute. In addition to matriculation, tuition,

  3  financial aid, capital improvement, and technology fees, as

  4  authorized in this section, community colleges and district

  5  school boards are authorized to establish fee schedules for

  6  the following user fees and fines: laboratory fees; parking

  7  fees and fines; library fees and fines; fees and fines

  8  relating to facilities and equipment use or damage; access or

  9  identification card fees; duplicating, photocopying, binding,

10  or microfilming fees; standardized testing fees; diploma

11  replacement fees; transcript fees; application fees;

12  graduation fees; and late fees related to registration and

13  payment. Such user fees and fines shall not exceed the cost of

14  the services provided and shall only be charged to persons

15  receiving the service. Parking fee revenues may be pledged by

16  a community college board of trustees as a dedicated revenue

17  source for the repayment of debt, including lease-purchase

18  agreements and revenue bonds with terms not exceeding 20 years

19  and not exceeding the useful life of the asset being financed.

20  Community colleges shall use the services of the Division of

21  Bond Finance of the State Board of Administration to issue any

22  revenue bonds authorized by the provisions of this subsection.

23  Any such bonds issued by the Division of Bond Finance shall be

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

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

26  the manner established in chapter 75. The complaint for such

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

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

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

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

31

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




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

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

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

  4  college district board of trustees is authorized to establish

  5  specific fees for workforce development instruction not

  6  reported for state funding purposes or for workforce

  7  development instruction not reported as state funded full-time

  8  equivalent students. District school boards and District

  9  boards of trustees are not required to charge any other fee

10  specified in this section for this type of instruction.

11         (17)(18)  Each district school board and community

12  college district board of trustees is authorized to establish

13  a separate fee for technology, not to exceed $1.80 per credit

14  hour or credit-hour equivalent for resident students and not

15  more than $5.40 per credit hour or credit-hour equivalent for

16  nonresident students, or the equivalent, to be expended in

17  accordance with technology improvement plans. The technology

18  fee may apply only to associate degree programs and courses.

19  Fifty percent of technology fee revenues may be pledged by a

20  community college board of trustees as a dedicated revenue

21  source for the repayment of debt, including lease-purchase

22  agreements, not to exceed the useful life of the asset being

23  financed. Revenues generated from the technology fee may not

24  be bonded.

25         Section 19.  Section 239.125, Florida Statutes, is

26  amended to read:

27         239.125  Computer-assisted student advising.--In

28  conjunction with s. 240.2099, each public secondary school

29  shall provide computer-assisted student advising through which

30  students obtain information related to career descriptions and

31  corresponding educational requirements; institutional

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    Florida Senate - 2000                                  SB 1472
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  1  admission requirements for state universities and, community

  2  colleges, and area technical centers; and available sources of

  3  student financial aid.  Such advising must also enable

  4  students to examine their interests and aptitudes for the

  5  purpose of curricular and career planning.

  6         Section 20.  Section 239.205, Florida Statutes, is

  7  amended to read:

  8         239.205  State Board of Community Colleges Education

  9  rules regarding career education programs; common definitions;

10  criteria for determining program level.--

11         (1)  The State Board of Community Colleges Education

12  shall adopt, by rule, common definitions for associate in

13  science degrees and for certificates.

14         (2)  The State Board of Community Colleges Education

15  shall develop guidelines to determine the criteria by which

16  the level of degree or certificate is assigned to a vocational

17  program.  The guidelines must ensure that assignments are made

18  at the lowest level possible commensurate with sound

19  professional practice; however, the guidelines must also

20  ensure that assignments are updated for programs that increase

21  in technical complexity or general education requirements

22  beyond the parameters of a certificate program. Institutions

23  may continue to offer existing programs that are assigned to a

24  lower level; however, such programs shall be funded at the

25  assigned level.  The State Board of Community Colleges

26  Education shall adopt rules regarding reporting requirements

27  for vocational programs.

28         Section 21.  Subsections (1) and (2) of section

29  239.213, Florida Statutes, are amended to read:

30         239.213  Vocational-preparatory instruction.--

31

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  1         (1)  The State Board of Community Colleges for Career

  2  Education shall adopt, by rule, standards of basic skill

  3  mastery for certificate career education programs. Each school

  4  district and community college that conducts certificate

  5  career education programs shall provide vocational-preparatory

  6  instruction through which students receive the basic skills

  7  instruction required pursuant to this section.

  8         (2)  Students who enroll in a certificate career

  9  education program of 450 hours or more shall complete an

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

11  into the program.  The State Board of Community Colleges shall

12  designate examinations that are currently in existence, the

13  results of which are comparable across institutions, to assess

14  student mastery of basic skills. Any student deemed to lack a

15  minimal level of basic skills for such program shall be

16  referred to vocational-preparatory instruction or adult basic

17  education for a structured program of basic skills

18  instruction. Such instruction may include English for speakers

19  of other languages.  A student may not receive a certificate

20  of vocational program completion prior to demonstrating the

21  basic skills required in the state curriculum frameworks for

22  the vocational program.

23         Section 22.  Section 239.229, Florida Statutes, is

24  amended to read:

25         239.229  Vocational standards.--

26         (1)  The purpose of career education is to enable

27  students who complete vocational programs to attain and

28  sustain employment and realize economic self-sufficiency.  The

29  purpose of this section is to identify issues related to

30  career education for which school boards and community college

31  boards of trustees are accountable.  It is the intent of the

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    Florida Senate - 2000                                  SB 1472
    5-1225-00                                               See HB




  1  Legislature that the standards articulated in subsection (2)

  2  be considered in the development of accountability standards

  3  for public schools pursuant to ss. 229.591, 229.592, and

  4  230.23(16), and that the standards articulated in subsection

  5  (3) be considered in the development of accountability

  6  standards for community colleges pursuant to s. 240.324.

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

  8  accountability for career education within elementary and

  9  secondary schools includes, but is not limited to:

10         (a)1.  Student exposure to a variety of careers and

11  provision of instruction to explore specific careers in

12  greater depth.

13         (b)2.  Student awareness of available vocational

14  programs and the corresponding occupations into which such

15  programs lead.

16         (c)3.  Student development of individual career plans.

17         (d)4.  Integration of academic and vocational skills in

18  the secondary curriculum.

19         (e)5.  Student preparation to enter the workforce and

20  enroll in postsecondary education without being required to

21  complete college-preparatory or vocational-preparatory

22  instruction.

23         (f)6.  Student retention in school through high school

24  graduation.

25         (g)7.  Vocational curriculum articulation with

26  corresponding postsecondary programs in the local area

27  technical center or community college, or both.

28         (3)(b)  School board, superintendent, and area

29  technical center, and Community college board of trustees and

30  president, accountability for certificate career education and

31  diploma programs includes, but is not limited to:

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    5-1225-00                                               See HB




  1         (a)1.  Student demonstration of the academic skills

  2  necessary to enter an occupation.

  3         (b)2.  Student preparation to enter an occupation in an

  4  entry-level position or continue postsecondary study.

  5         (c)3.  Vocational program articulation with other

  6  corresponding postsecondary programs and job training

  7  experiences.

  8         (d)4.  Employer satisfaction with the performance of

  9  students who complete workforce development education or reach

10  occupational completion points.

11         (e)5.  Student completion, placement, and retention

12  rates as defined in s. 239.233.

13         (4)(c)  Department of Education accountability for

14  career education includes, but is not limited to:

15         (a)1.  The provision of timely, accurate technical

16  assistance to school districts and community colleges.

17         (b)2.  The provision of timely, accurate information to

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

19  public.

20         (c)3.  The development of policies, rules, and

21  procedures that facilitate institutional attainment of the

22  accountability standards and coordinate the efforts of all

23  divisions within the department.

24         (d)4.  The development of program standards and

25  industry-driven benchmarks for vocational, adult, and

26  community education programs.

27         (e)5.  Overseeing school district and community college

28  compliance with the provisions of this chapter.

29         (f)6.  Ensuring that the educational outcomes for the

30  technical component of workforce development programs and

31  secondary vocational job-preparatory programs are uniform and

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  1  designed to provide a graduate of high quality who is capable

  2  of entering the workforce on an equally competitive basis

  3  regardless of the institution of choice.

  4         (3)  Each area technical center operated by a school

  5  board shall establish a center advisory council pursuant to s.

  6  229.58.  The center advisory council shall assist in the

  7  preparation and evaluation of center improvement plans

  8  required pursuant to s. 230.23(16) and may provide assistance,

  9  upon the request of the center director, in the preparation of

10  the center's annual budget and plan as required by s.

11  229.555(1).

12         Section 23.  Section 239.241, Florida Statutes, is

13  amended to read:

14         239.241  Vocational dual enrollment and early

15  admission.--

16         (1)  Vocational dual enrollment shall be provided as a

17  curricular option for secondary students to pursue in order to

18  earn a series of elective credits toward the high school

19  diploma. However, vocational dual enrollment may not supplant

20  student acquisition of the diploma.  Vocational dual

21  enrollment must be available for a secondary student seeking a

22  degree or certificate from a complete job-preparatory program,

23  but may not sustain student enrollment in isolated vocational

24  courses. It is the intent of the Legislature that student

25  enrollment in a vocational dual enrollment program reflect the

26  interests and aptitudes of the student.  The provision of a

27  comprehensive academic and vocational dual enrollment program

28  within the vocational-technical center or community college is

29  supportive of legislative intent; however, such provision is

30  not mandatory.

31

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  1         (2)  Vocational early admission is a form of vocational

  2  dual enrollment through which eligible secondary students

  3  enroll full time in an area technical center or a community

  4  college in courses that are creditable toward the high school

  5  diploma and the certificate or associate degree.

  6  Participation in the vocational early admission program shall

  7  be limited to students who have completed a minimum of 6

  8  semesters of full-time secondary enrollment, including studies

  9  undertaken in the ninth grade. Students enrolled pursuant to

10  this section are exempt from the payment of registration,

11  matriculation, and laboratory fees.

12         Section 24.  Paragraph (b) of subsection (2) of section

13  239.245, Florida Statutes, is amended to read:

14         239.245  Public information on career education

15  programs.--

16         (2)  The dissemination shall be conducted in accordance

17  with the following procedures:

18         (b)1.  Each school district shall publish, at a

19  minimum, the most recently available placement rate for each

20  certificate career education program conducted by that school

21  district at the secondary school level and at the degree

22  career education level. The placement rates for the preceding

23  3 years shall be published, if available; shall be included in

24  each publication that informs the public of the availability

25  of the program; and shall be made available to each school

26  guidance counselor. If a program does not have a placement

27  rate, a publication that lists or describes that program must

28  state that the rate is unavailable.

29         2.  Each community college shall publish, at a minimum,

30  the most recent placement rate for each certificate career

31  education program and for each degree career education program

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  1  in its annual catalog. The placement rates for the preceding 3

  2  years shall be published, if available, and shall be included

  3  in any publication that informs the public of the availability

  4  of the program. If a program does not have a placement rate,

  5  the publication that lists or describes that program must

  6  state that the rate is unavailable.

  7         3.  If a school district or a community college has

  8  calculated for a program a placement rate that differs from

  9  the rate reported by the department, and if each record of a

10  placement was obtained through a process that was capable of

11  being audited, procedurally sound, and consistent statewide,

12  the district or the community college may use the locally

13  calculated placement rate in the report required by this

14  section. However, that rate may not be combined with the rate

15  maintained in the computer files of the Department of

16  Education's Florida Education and Training Placement

17  Information Program.

18         4.  An independent degree career education, technical,

19  trade, or business school may not publish a placement rate

20  unless the placement rate was determined as provided by this

21  section.

22         Section 25.  Paragraphs (a) and (b) of subsection (3),

23  paragraph (e) of subsection (4), and subsections (5), (8),

24  (9), (10), and (11) of section 239.301, Florida Statutes, are

25  amended to read:

26         239.301  Adult general education.--

27         (3)(a)  Each school board or community college board of

28  trustees shall negotiate with local personnel of the

29  Department of Children and Family Services for basic and

30  functional literacy skills assessments for participants in

31  employment and training programs under the WAGES Program. Such

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  1  assessments shall be conducted at a site mutually acceptable

  2  to the school board or community college board of trustees and

  3  the Department of Children and Family Services.

  4         (b)  State employees who are employed in local or

  5  regional offices of state agencies shall inform clients of the

  6  availability of adult basic and secondary programs in the

  7  region. The identities of clients who do not possess high

  8  school diplomas or who demonstrate skills below the level of

  9  functional literacy shall be conveyed, with their consent, to

10  the local school district or community college, or both.

11         (4)

12         (e)  A district school board or a community college

13  board of trustees may negotiate a contract with the local

14  WAGES coalition for specialized services for WAGES clients,

15  beyond what is routinely provided for the general public, to

16  be funded by the WAGES coalition pursuant to s. 414.065.

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

18  be conducted within and funded through the Workforce

19  Development Education Fund or the Community College Program

20  Fund.  Each school board or community college board of

21  trustees that has an educational program for disabled adults

22  shall submit a plan to the commissioner which includes, at a

23  minimum:

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

25  estimation of the number of such students.

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

27  program, including corresponding expected student outcomes.

28         3.  Provision for individualized educational plans and

29  periodic student evaluation.

30         4.  An interagency memorandum of agreement that

31  provides for the coordination of adult education, career

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  1  education, exceptional student education, the Department of

  2  Children and Family Services, vocational rehabilitation, and

  3  other local organizations whose adult disabled clients

  4  participate in the program.

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

  6  community college and one or more school districts within the

  7  service area have approved programs for disabled adults.

  8         5.6.  Provision for a single administrator for adult

  9  courses and programs for the disabled.

10         (b)  Each participating school board and community

11  college board of trustees shall submit an annual plan to the

12  commissioner on or before March 1 which reports progress

13  toward meeting the goals stated in the plan.  The report must

14  identify the number of students served, by head count and

15  full-time equivalent enrollments, the number and location of

16  courses and programs, and clock-hour length of each course or

17  program.

18         (c)  The State Board of Community Colleges Education

19  shall adopt entrance and exit criteria, curriculum frameworks,

20  and performance standards for disabled adult programs.

21         (d)  This subsection is not intended to discourage a

22  school district or community college from providing

23  educational services for disabled adults through classes in

24  which nondisabled adults participate; however, in order to

25  receive state funding designated especially for the program, a

26  school district or community college must have an approved

27  program for adult, disabled students, and each student

28  reported for funding pursuant to this subsection must have

29  been determined to be a disabled adult.

30         (8)  The State Board of Community Colleges commissioner

31  shall recommend the level of funding for public school and

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  1  community college adult education within the legislative

  2  budget request and make other recommendations and reports

  3  considered necessary or required by rules of the State Board

  4  of Community Colleges.

  5         (9)  Upon the request of any school board or community

  6  college board of trustees, the Department of Education shall

  7  provide technical assistance in the development and

  8  maintenance of adult education programs.

  9         (10)  Buildings, land, equipment, and other property

10  owned by a school board or community college board of trustees

11  may be used for the conduct of the adult education program.

12  Buildings, land, equipment, and other property owned or leased

13  by cooperating public or private agencies, organizations, or

14  institutions may also be used for the purposes of this

15  section.

16         (11)  The State Board of Community Colleges Education

17  may adopt rules necessary for the implementation of this

18  section.

19         Section 26.  Subsection (2), paragraph (b) of

20  subsection (4), and paragraph (d) of subsection (6) of section

21  239.501, Florida Statutes, are amended to read:

22         239.501  Florida Literacy Corps.--

23         (2)  There is created a Florida Literacy Corps to be

24  administered by the Department of Education pursuant to this

25  section and rules of the State Board of Education.

26  Participating students earn college credit for tutoring adults

27  who do not possess basic or functional literacy skills

28  pursuant to an agreement between the institution in which the

29  student is enrolled and the school board, community college

30  board of trustees, public library, or nonprofit organization

31  offering literacy instruction to adults pursuant to s.

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  1  239.305.  The school board, community college board of

  2  trustees, public library, or nonprofit organization is solely

  3  responsible for providing literacy programs and instructing

  4  participating postsecondary students.

  5         (4)  In order to be eligible to participate in the

  6  Florida Literacy Corps, a state university or community

  7  college must:

  8         (b)  Submit a proposal to the Department of Education

  9  for review and approval. The proposal must include, but is not

10  limited to:

11         1.  Identification of the school district, community

12  college, public library, or nonprofit organization with which

13  participating students will be working.

14         2.  Demonstration of the need for literacy tutors by

15  the school district, community college, public library, or

16  nonprofit organization.

17         3.  Demonstration of commitment by the public school,

18  community college, public library, or nonprofit organization

19  to provide instruction for tutors.

20         4.  Description of the literacy program.

21         5.  Demonstration of student interest in program

22  participation.

23         6.  Designation of one or more faculty to conduct the

24  Florida Literacy Corps course and identification of the

25  qualifications of such faculty.

26         (6)  Each participating state university and community

27  college shall submit an annual report to the Commissioner of

28  Education which includes, but is not limited to:

29         (d)  An evaluation of the tutors' effectiveness as

30  judged by the participating school district, community

31  college, public library, or nonprofit organization.  The

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  1  department shall develop a common evaluation form for this

  2  purpose.

  3         Section 27.  Section 239.513, Florida Statutes, is

  4  amended to read:

  5         239.513  Workforce literacy programs.--

  6         (1)  The workforce literacy program is established

  7  within the community college system and local school districts

  8  to ensure the existence of sufficient numbers of employees who

  9  possess the skills necessary to perform in entry-level

10  occupations and to adapt to technological advances in the

11  workplace.  Workforce literacy programs are intended to

12  support economic development by increasing adult literacy and

13  producing an educated workforce.

14         (2)  Each community college and school district may

15  conduct courses and programs through which adults gain the

16  communication and computation skills necessary to complete a

17  vocational program, to gain or maintain entry-level

18  employment, or to upgrade employment.  Courses may not be

19  conducted until the community college or school district

20  identifies current and prospective employees who do not

21  possess the skills necessary to enter vocational programs or

22  to obtain or maintain employment.

23         (3)  A community college or school district may be

24  eligible to fund a workforce literacy program pursuant to the

25  provisions of s. 239.305.

26         Section 28.  Section 239.514, Florida Statutes, is

27  amended to read:

28         239.514  Workforce Development Capitalization Incentive

29  Grant Program.--The Legislature recognizes that the need for

30  school districts and community colleges to be able to respond

31  to emerging local or statewide economic development needs is

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  1  critical to the workforce development system. The Workforce

  2  Development Capitalization Incentive Grant Program is created

  3  to provide grants to school districts and community colleges

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

  5  associated with the creation or expansion of workforce

  6  development programs that serve specific employment workforce

  7  needs. Funds may also be used to upgrade workforce development

  8  programs to established industry standards in accordance with

  9  program updates conducted by the Division of Community

10  Colleges.

11         (1)  Funds awarded for a workforce development

12  capitalization incentive grant may be used for instructional

13  equipment, laboratory equipment, supplies, personnel, student

14  services, or other expenses associated with the creation,

15  upgrade, or expansion of a workforce development program.

16  Expansion of a program may include either the expansion of

17  enrollments in a program or expansion into new areas of

18  specialization within a program. No grant funds may be used

19  for recurring instructional costs or for institutions'

20  indirect costs unless otherwise provided for in the General

21  Appropriations Act.

22         (2)  The State Board of Community Colleges

23  Postsecondary Education Planning Commission shall accept

24  applications from school districts or community colleges for

25  workforce development capitalization incentive grants.

26  Applications from school districts or community colleges shall

27  contain projected enrollments and projected costs for the new

28  or expanded workforce development program. The State Board of

29  Community Colleges Postsecondary Education Planning

30  Commission, in consultation with the Jobs and Education

31  Partnership, the Department of Education, and the

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  1  Postsecondary Education Planning Commission State Board of

  2  Community Colleges, shall review and rank each application for

  3  a grant according to subsection (3) and shall submit to the

  4  Legislature a list in priority order of applications

  5  recommended for a grant award.

  6         (3)  The State Board of Community Colleges commission

  7  shall give highest priority to programs that train people to

  8  enter high-skill, high-wage occupations identified by the

  9  occupational forecasting conference and other programs

10  approved by the Jobs and Education Partnership; programs that

11  train people to enter occupations on the WAGES list; or

12  programs that train for the workforce adults who are eligible

13  for public assistance, economically disadvantaged, disabled,

14  not proficient in English, or dislocated workers. The State

15  Board of Community Colleges commission shall consider the

16  statewide geographic dispersion of grant funds in ranking the

17  applications and shall give priority to applications from

18  education agencies that are making maximum use of their

19  workforce development funding by offering high-performing,

20  high-demand programs.

21         Section 29.  Paragraphs (a), (b), (c), and (d) of

22  subsection (1) and subsections (2) and (3) of section 240.115,

23  Florida Statutes, are amended to read:

24         240.115  Articulation agreement; acceleration

25  mechanisms.--

26         (1)(a)  Articulation between secondary and

27  postsecondary education; admission of associate in arts degree

28  graduates from Florida community colleges and state

29  universities; admission of applied technology diploma program

30  graduates from public community colleges or technical centers;

31  admission of associate in science degree and associate in

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  1  applied science degree graduates from Florida community

  2  colleges; the use of acceleration mechanisms, including

  3  nationally standardized examinations through which students

  4  may earn credit; general education requirements and common

  5  course code numbers as provided for in s. 229.551(1); and

  6  articulation among programs in nursing shall be governed by

  7  the articulation agreement, as established by the Department

  8  of Education.

  9         (b)  The articulation agreement must specifically

10  provide that every associate in arts graduate of a Florida

11  community college shall have met all general education

12  requirements and must be granted admission to the upper

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

14  teacher certification program or a major program requiring an

15  audition.  After admission has been granted to students under

16  provisions of this section and to university students who have

17  successfully completed 60 credit hours of coursework,

18  including 36 hours of general education, and met the

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

20  State University System and Florida community college students

21  who have successfully completed 60 credit hours of work,

22  including 36 hours of general education.  Community college

23  associate in arts graduates shall receive priority for

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

25  Orientation programs and student handbooks provided to

26  freshman enrollees and transfer students at state universities

27  must include an explanation of this provision of the

28  articulation agreement.

29         (c)(b)  Any student who transfers among postsecondary

30  institutions that are fully accredited by a regional or

31  national accrediting agency recognized by the United States

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  1  Department of Education and that participate in the common

  2  course designation and numbering system shall be awarded

  3  credit by the receiving institution for courses satisfactorily

  4  completed by the student at the previous institutions. Credit

  5  shall be awarded if the courses are judged by the appropriate

  6  common course designation and numbering system faculty task

  7  force representing school districts, community colleges,

  8  public universities, and participating nonpublic postsecondary

  9  education institutions to be academically equivalent to

10  courses offered at the receiving institution, including

11  equivalency of faculty credentials, regardless of the public

12  or nonpublic control of the previous institution. The

13  Department of Education shall ensure that credits to be

14  accepted by a receiving institution are generated in courses

15  for which the faculty possess credentials that are comparable

16  to those required by the accrediting association of the

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

18  courses that are entered in the common course designation and

19  numbering system. Credits awarded pursuant to this subsection

20  shall satisfy institutional requirements on the same basis as

21  credits awarded to native students.

22         (d)(c)  The articulation agreement must guarantee the

23  statewide articulation of appropriate workforce development

24  programs and courses between school districts and community

25  colleges and state universities and must specifically provide

26  for that every appropriate vocational certificate applied

27  technology diploma graduate to must be granted the same amount

28  of credit upon admission to an associate in science degree or

29  associate in applied science degree program unless it is a

30  limited access program. Courses within an associate in applied

31  science degree program may articulate into a baccalaureate

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  1  degree program on an individual or block basis as authorized

  2  in local interinstitutional articulation agreements. The

  3  articulation agreement must guarantee the statewide

  4  articulation of appropriate courses within associate in

  5  science degree programs to baccalaureate degree programs,

  6  according to standards established by the Articulation

  7  Coordinating Committee after consultation with the Board of

  8  Regents and the State Board of Community Colleges. Preference

  9  for admission must be given to graduates who are residents of

10  Florida.

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

12  must guarantee the statewide articulation of appropriate

13  courses within associate in science degree programs to

14  baccalaureate degree programs, according to standards

15  established by the Articulation Coordinating Committee after

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

17  Community Colleges. Courses within an associate in applied

18  science degree program may articulate into a baccalaureate

19  degree program on an individual or block basis as authorized

20  in local interinstitutional articulation agreements.

21         (2)  The universities and, community college district

22  boards of trustees, and district school boards are authorized

23  to establish intrainstitutional and interinstitutional

24  programs to maximize this articulation.  Programs may include

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

26  distance learning, transfer agreements that facilitate the

27  transfer of credits between public and nonpublic postsecondary

28  institutions, and the concurrent enrollment of students at a

29  community college and a state university to enable students to

30  take any level of baccalaureate degree coursework. Should the

31  establishment of these programs necessitate the waiver of

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  1  existing State Board of Education rules, reallocation of

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

  3  college or university shall submit the proposed articulation

  4  program to the State Board of Education for review and

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

  6  its rules and make appropriate reallocations, revisions, or

  7  modifications in accordance with the above.

  8         (3)  The universities and boards of trustees of the

  9  community colleges shall identify their core curricula, which

10  shall include courses required by the State Board of

11  Education.  The universities and community colleges shall work

12  with their school districts to assure that high school

13  curricula coordinate with the core curricula and to prepare

14  students for college-level work. Core curricula for associate

15  in arts programs and associate in science programs shall be

16  adopted in rule by the State Board of Education and shall

17  include 36 semester hours of general education courses in the

18  subject areas of communication, mathematics, social sciences,

19  humanities, and natural sciences. By January 1, 1996, General

20  education coursework shall be identified by common course code

21  numbers, consistent with the recommendations of the

22  Articulation Coordinating Committee, pursuant to s.

23  229.551(1)(f)4. By fall semester 1996, Degree program

24  prerequisite courses and course substitutions shall be

25  available at community colleges. With the exception of

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

27  240.209(5)(f), degree program prerequisite courses shall be

28  common across delivery systems and shall be identified by

29  their common course code number consistent with the

30  recommendations of the Articulation Coordinating Committee,

31  pursuant to s. 229.551(1)(f)5.

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  1         Section 30.  Paragraph (b) of subsection (2) of section

  2  240.116, Florida Statutes, is amended to read:

  3         240.116  Articulated acceleration.--

  4         (2)

  5         (b)  Vocational dual enrollment shall be provided as a

  6  curricular option for secondary students to pursue in order to

  7  earn a series of elective credits toward the high school

  8  diploma. However, vocational dual enrollment shall not

  9  supplant student acquisition of the diploma.  Vocational dual

10  enrollment shall be available for secondary students seeking a

11  degree or certificate from a complete job-preparatory program,

12  but shall not sustain student enrollment in isolated

13  vocational courses.  It is the intent of the Legislature that

14  vocational dual enrollment be implemented as a positive

15  measure.  The provision of a comprehensive academic and

16  vocational dual enrollment program within the area technical

17  vocational-technical center or community college is supportive

18  of legislative intent; however, such provision is not

19  mandatory.

20         Section 31.  Subsection (1) of section 240.118, Florida

21  Statutes, is amended to read:

22         240.118  Postsecondary feedback of information to high

23  schools.--

24         (1)  The State Board of Education shall adopt rules

25  that require the Commissioner of Education to report to the

26  State Board of Education, the Legislature, and the school

27  districts on the performance of each

28  first-time-in-postsecondary education student from each public

29  high school in this state who is enrolled in a university,

30  community college, or area public technical center.  Such

31  reports must be based on information databases maintained by

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  1  the Division of Universities, Division of Community Colleges,

  2  and Division of Workforce Development.  In addition, the

  3  universities, community colleges, and technical centers shall

  4  provide school districts access to information on student

  5  performance in regular and preparatory courses and shall

  6  indicate students referred for remediation pursuant to s.

  7  240.117 or s. 239.213.

  8         Section 32.  Paragraphs (c) and (t) of subsection (4)

  9  of section 240.319, Florida Statutes, are amended to read:

10         240.319  Community college district boards of trustees;

11  duties and powers.--

12         (4)  Such rules, procedures, and policies for the

13  boards of trustees include, but are not limited to, the

14  following:

15         (c)  Each board of trustees constitutes the contracting

16  agent of the community college.  It may, when acting as a

17  body, make contracts, sue, and be sued in the name of the

18  board of trustees. In any suit, a change in personnel of the

19  board shall not abate the suit, which shall proceed as if such

20  change had not taken place. Each board may adopt rules,

21  procedures, and policies related to contracts and contract

22  management, including contractual arrangements with public

23  schools or other educational entities for the provision of

24  workforce development educational programs and services.

25         (t)  Each board of trustees is authorized to borrow

26  funds and incur debt, including entering into lease-purchase

27  agreements and the issuance of revenue bonds as specifically

28  authorized and only for the purposes authorized in ss.

29  239.117(14)(15) and (15)(16) and 240.35(14) and (15). At the

30  option of the board of trustees, bonds may be issued which are

31  secured by a combination of revenues authorized to be pledged

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  1  to bonds pursuant to ss. 239.117(14)(15) and 240.35(14) or ss.

  2  239.117(15)(16) and 240.35(15). Lease-purchase agreements may

  3  be secured by a combination of revenues as specifically

  4  authorized pursuant to ss. 239.117(17)(18) and 240.35(16).

  5         Section 33.  Subsection (2) of section 240.384, Florida

  6  Statutes, is amended to read:

  7         240.384  Training school consolidation pilot

  8  projects.--

  9         (2)  EXISTING PUBLIC CRIMINAL JUSTICE TRAINING

10  PROGRAMS.--Notwithstanding ss. 229.551(1)(g), 230.02, 230.35,

11  and 239.216 230.64, or any other provision of law to the

12  contrary, criminal justice training programs in the pilot

13  counties will transfer to community colleges, effective July

14  1, 1999, at which time responsibility for the provision of

15  basic recruit, advanced, career development, and continuing

16  training courses and programs offered in public criminal

17  justice training programs and for the operation of existing

18  public criminal justice training programs will be shifted from

19  the school district to the community college in whose service

20  area the public criminal justice training program is located.

21  Certification of the program granted by the Criminal Justice

22  Standards and Training Commission will be transferred to the

23  respective community college and the college must continue to

24  meet the requirements of the commission.

25         Section 34.  Paragraph (d) of subsection (3) of section

26  339.0805, Florida Statutes, is amended to read:

27         339.0805  Funds to be expended with certified

28  disadvantaged business enterprises; specified percentage to be

29  expended; construction management development program; bond

30  guarantee program.--It is the policy of the state to

31  meaningfully assist socially and economically disadvantaged

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  1  business enterprises through a program that will provide for

  2  the development of skills through construction and business

  3  management training, as well as by providing contracting

  4  opportunities and financial assistance in the form of bond

  5  guarantees, to primarily remedy the effects of past economic

  6  disparity.

  7         (3)  The head of the department is authorized to expend

  8  up to 6 percent of the funds specified in subsection (1) which

  9  are designated to be expended on small business firms owned

10  and controlled by socially and economically disadvantaged

11  individuals to conduct, by contract or otherwise, a

12  construction management development program.  Participation in

13  the program will be limited to those firms which are certified

14  under the provisions of subsection (1) by the department or

15  the federal Small Business Administration or to any firm which

16  has annual gross receipts not exceeding $2 million averaged

17  over a 3-year period.  The program will consist of classroom

18  instruction and on-the-job instruction.  To the extent

19  feasible, the registration fee shall be set to cover the cost

20  of instruction and overhead. No salary will be paid to any

21  participant.

22         (d)  The department shall develop, under contract with

23  the State University System, the community college system, an

24  area technical a school district in behalf of its

25  vocational-technical center, or a private consulting firm, a

26  curriculum for instruction in the courses that will lead to a

27  certification of proficiency in the construction management

28  development program.

29         Section 35.  Section 376.0705, Florida Statutes, is

30  amended to read:

31

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  1         376.0705  Development of training programs and

  2  educational materials.--The department shall encourage the

  3  development of training programs for personnel needed for

  4  pollutant discharge prevention and cleanup activities. The

  5  department shall work with accredited community colleges, area

  6  technical vocational-technical centers, state universities,

  7  and private institutions in developing educational materials,

  8  courses of study, and other such information to be made

  9  available for persons seeking to be trained for pollutant

10  discharge prevention and cleanup activities.

11         Section 36.  Subsection (2) of section 403.716, Florida

12  Statutes, is amended to read:

13         403.716  Training of operators of solid waste

14  management and other facilities.--

15         (2)  The department shall work with accredited

16  community colleges, area technical vocational-technical

17  centers, state universities, and private institutions in

18  developing educational materials, courses of study, and other

19  such information to be made available for persons seeking to

20  be trained as operators of solid waste management facilities.

21         Section 37.  Paragraph (a) of subsection (1) of section

22  411.222, Florida Statutes, is amended to read:

23         411.222  Intraagency and interagency coordination;

24  creation of offices; responsibilities; memorandum of

25  agreement; creation of coordinating council;

26  responsibilities.--

27         (1)  DEPARTMENT OF EDUCATION.--There is created within

28  the Department of Education an Office of Prevention, Early

29  Assistance, and Child Development for the purpose of

30  intraagency and interagency planning, policy, and program

31  development and coordination to enhance existing programs and

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  1  services and to develop new programs and services for

  2  high-risk children and their families. The Department of

  3  Education, as the designated lead agency for administration of

  4  part H of Pub. L. No. 99-457, shall assign primary

  5  responsibility for implementation of part H to the Office of

  6  Prevention, Early Assistance, and Child Development.

  7         (a)  Intraagency responsibilities.--

  8         1.  Assure planning, policy, and program coordination

  9  in programs serving high-risk children and their families,

10  including, but not limited to:

11         a.  Preschool programs for children of migrant farm

12  workers.

13         b.  Preschool programs for handicapped children.

14         c.  Prekindergarten Early Intervention Program.

15         d.  Florida First Start Program.

16         e.  Preschool programs for educationally disadvantaged

17  children funded through federal funds, such as Head Start and

18  chapter I of Pub. L. No. 97-35, when applicable.

19         f.  Programs for teen parents and their children.

20         g.  Programs for preventing sexual activity and teenage

21  pregnancy.

22         h.  Food services for preschool and child care

23  programs.

24         i.  Transportation for programs serving preschool

25  children.

26         j.  Facilities for programs serving preschool children.

27         k.  School volunteer programs serving preschool

28  children.

29         l.  Support services, including social work and school

30  health services for preschool children.

31

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  1         m.  Parent education, child care courses, and child

  2  care laboratories in high schools and vocational-technical

  3  centers.

  4         2.  Serve as clearinghouse for the collection and

  5  dissemination of information relating to programs and services

  6  for high-risk children and their families, including model and

  7  exemplary programs that have demonstrated effectiveness and

  8  beneficial outcomes.

  9         3.  Develop publications, including, but not limited

10  to, directories, newsletters, public awareness documents, and

11  other resource materials which assist agencies, programs, and

12  families in meeting the needs of the high-risk population.

13         4.  Provide technical assistance at the request of

14  agencies, programs, and services.

15         5.  Disseminate information regarding the availability

16  of federal, state, and private grants which target high-risk

17  children and their families.

18         6.  Perform duties relating to the joint strategic plan

19  as specified in s. 411.221.

20         Section 38.  Subsection (11) of section 420.0004,

21  Florida Statutes, is amended to read:

22         420.0004  Definitions.--As used in this part, unless

23  the context otherwise indicates:

24         (11)  "Student" means any person not living with his or

25  her parent or guardian who is eligible to be claimed by his or

26  her parent or guardian as a dependent under the federal income

27  tax code and who is enrolled on at least a half-time basis in

28  a secondary school, area technical vocational-technical

29  center, community college, college, or university.

30         Section 39.  Subsection (5) of section 420.524, Florida

31  Statutes, is amended to read:

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  1         420.524  Definitions.--For the purpose of ss.

  2  420.521-420.529, the term:

  3         (5)  "Student" means any person not living with that

  4  person's parent or guardian who is eligible to be claimed by

  5  that person's parent or guardian as a dependent under the

  6  federal income tax code and who is enrolled on at least a

  7  half-time basis in a secondary school, area technical

  8  vocational-technical center, community college, college, or

  9  university.  The term does not include a person participating

10  in an educational or training program approved by the agency.

11         Section 40.  Subsection (11) of section 420.602,

12  Florida Statutes, is amended to read:

13         420.602  Definitions.--As used in this part, the

14  following terms shall have the following meanings, unless the

15  context otherwise requires:

16         (11)  "Student" means any person not living with his or

17  her parent or guardian who is eligible to be claimed by his or

18  her parent or guardian as a dependent under the federal income

19  tax code and who is enrolled on at least a half-time basis in

20  a secondary school, area technical vocational-technical

21  center, community college, college, or university.

22         Section 41.  Paragraph (c) of subsection (1) of section

23  440.16, Florida Statutes, is amended to read:

24         440.16  Compensation for death.--

25         (1)  If death results from the accident within 1 year

26  thereafter or follows continuous disability and results from

27  the accident within 5 years thereafter, the employer shall

28  pay:

29         (c)  To the surviving spouse, payment of postsecondary

30  student fees for instruction at any area technical center

31  established under s. 239.215 230.63 for up to 1,800 classroom

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  1  hours or payment of student fees at any community college

  2  established under part III of chapter 240 for up to 80

  3  semester hours.  The spouse of a deceased state employee shall

  4  be entitled to a full waiver of such fees as provided in ss.

  5  239.117 and 240.345 in lieu of the payment of such fees.  The

  6  benefits provided for in this paragraph shall be in addition

  7  to other benefits provided for in this section and shall

  8  terminate 7 years after the death of the deceased employee, or

  9  when the total payment in eligible compensation under

10  paragraph (b) has been received.  To qualify for the

11  educational benefit under this paragraph, the spouse shall be

12  required to meet and maintain the regular admission

13  requirements of, and be registered at, such area technical

14  center or community college, and make satisfactory academic

15  progress as defined by the educational institution in which

16  the student is enrolled.

17         Section 42.  Subsection (1) of section 446.011, Florida

18  Statutes, is amended to read:

19         446.011  Legislative intent regarding apprenticeship

20  training.--

21         (1)  It is the intent of the State of Florida to

22  provide educational opportunities for its young people so that

23  they can be trained for trades, occupations, and professions

24  suited to their abilities. It is the intent of this act to

25  promote the mode of training known as apprenticeship in

26  occupations throughout industry in the state that require

27  physical manipulative skills. By broadening job training

28  opportunities and providing for increased coordination between

29  public school academic programs, vocational programs, and

30  registered apprenticeship programs, the young people of the

31  state will benefit from the valuable training opportunities

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  1  developed when on-the-job training is combined with

  2  academic-related classroom experiences. This act is intended

  3  to develop the apparent potentials in apprenticeship training

  4  by assisting in the establishment of preapprenticeship

  5  programs in the community college and public school system and

  6  elsewhere and by expanding presently registered programs as

  7  well as promoting new registered programs in jobs that lend

  8  themselves to apprenticeship training.

  9         Section 43.  Subsection (8) of section 446.041, Florida

10  Statutes, is amended to read:

11         446.041  Apprenticeship program, duties of

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

13         (8)  Cooperate with and assist the State Board of

14  Community Colleges, the Division of Workforce Development of

15  the Department of Education, and appropriate education

16  institutions in the development of viable apprenticeship and

17  preapprenticeship programs.

18         Section 44.  Paragraph (b) of subsection (7) of section

19  943.14, Florida Statutes, is amended to read:

20         943.14  Criminal justice training schools; certificates

21  and diplomas; exemptions; injunctive relief; fines.--

22         (7)

23         (b)  All other criminal justice sciences or

24  administration courses or subjects which are a part of the

25  curriculum of any accredited college, university, community

26  college, or area technical vocational-technical center of this

27  state, and all full-time instructors of such institutions, are

28  exempt from the provisions of subsections (1)-(5).

29         Section 45.  Sections 235.199, 239.249, and 239.5142,

30  Florida Statutes, are repealed.

31

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  1         Section 46.  Paragraph (b) of subsection (4) and

  2  paragraphs (a) and (c) of subsection (6) of section 240.40685,

  3  Florida Statutes, are amended to read:

  4         240.40685  Certified Education Paraprofessional Welfare

  5  Transition Program.--

  6         (4)  The agencies shall complete an implementation plan

  7  that addresses at least the following recommended components

  8  of the program:

  9         (b)  A budget for use of incentive funding to provide

10  motivation to participants to succeed and excel.  The budget

11  for incentive funding includes:

12         1.  Funds allocated by the Legislature directly for the

13  program.

14         2.  Funds that may be made available from the federal

15  Job Training Partnership Act based on client eligibility or

16  requested waivers to make the clients eligible.

17         3.  Funds made available by implementation strategies

18  that would make maximum use of work supplementation funds

19  authorized by federal law.

20         4.  Funds authorized by strategies to lengthen

21  participants' eligibility for federal programs such as

22  Medicaid, subsidized child care, and transportation.

23

24  Incentives may include a stipend during periods of college

25  classroom training, a bonus and recognition for a high

26  grade-point average, child care and prekindergarten services

27  for children of participants, and services to increase a

28  participant's ability to advance to higher levels of

29  employment. Nonfinancial incentives should include providing a

30  mentor or tutor, and service incentives should continue and

31  increase for any participant who plans to complete the

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  1  baccalaureate degree and become a certified teacher. Services

  2  may be provided in accordance with family choice by community

  3  colleges and area school district technical centers, through

  4  family service centers and full-service schools, or under

  5  contract with providers through central agencies.

  6         (6)(a)  A community college or area school district

  7  technical center is eligible to participate if it provides a

  8  technical certificate program in Child Development Early

  9  Intervention as approved by the Jobs and Education Partnership

10  and it is participating in the Performance Based Incentive

11  Funding program authorized in s. 239.249.  Priority programs

12  provide an option and incentives to articulate with an

13  associate in science degree program or a baccalaureate degree

14  program.

15         (c)  Historically black colleges or universities that

16  have established programs that serve participants of the WAGES

17  Program are eligible to participate in the Performance Based

18  Incentive Funding Program and may earn an incentive award

19  determined by the Jobs and Education Partnership for

20  successful placement of program completers in jobs as

21  education paraprofessionals in at-risk schools.

22         Section 47.  Section 246.50, Florida Statutes, is

23  amended to read:

24         246.50  Certified Teacher-Aide Welfare Transition

25  Program; participation by independent postsecondary

26  schools.--An independent postsecondary school may participate

27  in the Certified Teacher-Aide Welfare Transition Program and

28  may receive incentives for successful performance from the

29  Performance Based Incentive Funding Program if:

30

31

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  1         (1)  The school is accredited by the Southern

  2  Association of Colleges and Schools and licensed by the State

  3  Board of Nonpublic Career Education;

  4         (2)  The school serves recipients of temporary

  5  assistance under the WAGES Program in a certified teacher-aide

  6  program;

  7         (3)  A participating school district recommends the

  8  school to the Jobs and Education Partnership; and

  9         (4)  The Jobs and Education Partnership approves.

10         Section 48.  Subsection (5) of section 288.9952,

11  Florida Statutes, is repealed.

12         Section 49.  This act shall take effect July 1, 2000.

13

14            *****************************************

15                       LEGISLATIVE SUMMARY

16    Creates the "Workforce Development Education Unification
      Act of 2000." Transfers adult workforce development
17    programs and area technical centers to community
      colleges.
18

19

20

21

22

23

24

25

26

27

28

29

30

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