Senate Bill 2300

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    Florida Senate - 2000                                  SB 2300

    By Senator Diaz-Balart





    37-1329A-00

  1                      A bill to be entitled

  2         An act relating to student fees; amending s.

  3         239.115, F.S.; revising the requirements for

  4         state funding of workforce development

  5         education; amending s. 239.117, F.S.; requiring

  6         that a local WAGES coalition pay the total

  7         costs incurred by WAGES clients enrolled in an

  8         employment and training program; limiting the

  9         total value of fee waivers that may be granted

10         by a school district or community college;

11         revising requirements for setting a fee

12         schedule for workforce development education,

13         adult programs, and certificate career

14         education programs; revising the formula for

15         setting fees for financial aid; deleting a

16         limitation on the use of technology fees;

17         amending s. 240.35, F.S.; providing for payment

18         of the total costs incurred by WAGES clients

19         enrolled at a community college; requiring that

20         the matriculation fee be used for safety and

21         security purposes under certain circumstances;

22         revising the method of calculating the fee for

23         capital improvements, technology enhancements,

24         and student buildings; providing an effective

25         date.

26

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

28

29         Section 1.  Section 239.115, Florida Statutes, is

30  amended to read:

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  1         239.115  Funds for operation of adult general education

  2  and adult vocational education programs.--

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

  4  development education" and "workforce development program"

  5  include:

  6         (a)  Adult general education programs designed to

  7  improve the employability skills of the state's workforce

  8  through adult basic education, adult secondary education, GED

  9  preparation, and vocational-preparatory education.

10         (b)  Vocational certificate programs, including courses

11  that lead to an occupational completion point within a program

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

13  degree.

14         (c)  Applied technology diploma programs.

15         (d)  Continuing workforce education courses.

16         (e)  Degree vocational education programs.

17         (f)  Apprenticeship and preapprenticeship programs as

18  defined in s. 446.021.

19         (2)  Any workforce development education program may be

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

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

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

23  in science degree program contains within it an occupational

24  completion point that confers a certificate or an applied

25  technology diploma, that portion of the program may be

26  conducted by a school district technical center. Any

27  instruction designed to articulate to a degree program is

28  subject to guidelines and standards adopted by the

29  Articulation Coordinating Committee pursuant to s.

30  229.551(1)(g).

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

  2  239.301 is a workforce development program as defined in law

  3  it must be funded as provided in this section.

  4         (4)  The Florida Workforce Development Education Fund

  5  is created to provide performance-based funding for all

  6  workforce development programs, whether the programs are

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

  8  for all workforce development education programs must be from

  9  the Workforce Development Education Fund and must be based on

10  cost categories, performance output measures, and performance

11  outcome measures. This subsection takes effect July 1, 1999.

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

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

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

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

16  direct and indirect instructional costs, consumable supplies,

17  equipment, and standard program length.

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

19  education programs of study is student completion of a

20  vocational program of study that leads to an occupational

21  completion point associated with a certificate; an

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

23  technology diploma or an associate in science degree.

24  Performance output measures for registered apprenticeship

25  programs shall be based on program lengths that coincide with

26  lengths established pursuant to the requirements of chapter

27  446.

28         2.  The performance output measure for an adult general

29  education course of study is measurable improvement in student

30  skills. This measure shall include improvement in literacy

31  skills, grade level improvement as measured by an approved

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  1  test, or attainment of a general education development diploma

  2  or an adult high school diploma.

  3         (c)  The performance outcome measures for programs

  4  funded through the Workforce Development Education Fund are

  5  associated with placement and retention of students after

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

  7  These measures include placement or retention in employment

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

  9  retention in employment in an occupation on the Occupational

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

11  occupations with sufficient openings; and placement and

12  retention of WAGES clients or former WAGES clients in

13  employment. Continuing postsecondary education at a level that

14  will further enhance employment is a performance outcome for

15  adult general education programs. Placement and retention must

16  be reported pursuant to ss. 229.8075 and 239.233.

17         (5)  Effective July 1, 1999, for school districts

18  providing adult basic education for the elderly to at least

19  10,000 students during fiscal year 1996-1997, and to at least

20  10,000 students during subsequent fiscal years, funds for

21  these adult basic education courses for the elderly may be

22  provided in a separate categorical subject to provisions

23  defined in the General Appropriations Act.  Unless exempt

24  pursuant to s. 239.117, fees for these courses shall be set at

25  no less than 10 percent of the average cost of instruction.

26         (6)  State funding and student fees for workforce

27  development instruction funded through the Workforce

28  Development Education Fund shall be established as follows:

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

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

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

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

  3         (b)  For all other workforce development education

  4  funded through the Workforce Development Education Fund, state

  5  funding shall equal at least 75 percent of the average cost of

  6  instruction with the remaining amount 25 percent made up from

  7  student fees.  Fees for courses within a program shall not

  8  vary according to the cost of the individual program, but

  9  instead shall be based on a uniform fee calculated and set at

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

11  unless otherwise specified in the General Appropriations Act.

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

13  unless otherwise provided for in law, state funding shall

14  equal 100 percent of the average cost of instruction.

15         (7)  Beginning in fiscal year 1999-2000, a school

16  district or a community college that provides workforce

17  development education funded through the Workforce Development

18  Education Fund shall receive funds in accordance with

19  distributions for base and performance funding established by

20  the Legislature in the General Appropriations Act, pursuant to

21  the following conditions:

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

23  current fiscal year total Workforce Development Education Fund

24  allocation, which shall be distributed by the Legislature in

25  the General Appropriations Act based on a maximum of 85

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

27  base and performance funds.

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

29  of the current fiscal year total Workforce Development

30  Education Fund allocation, which shall be distributed by the

31  Legislature in the General Appropriations Act based on the

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

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

  3  Performance funding must incorporate payments for at least

  4  three levels of placements that reflect wages and workforce

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

  6  the payments for placement. For fiscal year 1999-2000, school

  7  districts and community colleges shall be awarded funds

  8  pursuant to this paragraph based on performance output data

  9  generated for fiscal year 1998-1999 and performance outcome

10  data available in that year.

11         (c)  If a local educational agency achieves a level of

12  performance sufficient to generate a full allocation as

13  authorized by the workforce development funding formula, the

14  agency may earn performance incentive funds as appropriated

15  for that purpose in a General Appropriations Act. If

16  performance incentive funds are funded and awarded, these

17  funds must be added to the local educational agency's prior

18  year total allocation from the Workforce Development Education

19  Fund and shall be used to calculate the following year's base

20  funding.

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

22  performance funding must use the money to benefit the

23  postsecondary vocational and adult education programs it

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

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

26  workforce development program improvement. The school board or

27  community college board of trustees may not withhold any

28  portion of the performance funding for indirect costs.

29  Notwithstanding s. 216.351, funds awarded pursuant to this

30  section may be carried across fiscal years and shall not

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

  2  community college board of trustees.

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

  4  Community Colleges, and the Jobs and Education Partnership

  5  shall provide the Legislature with recommended formulas,

  6  criteria, timeframes, and mechanisms for distributing

  7  performance funds. The commissioner shall consolidate the

  8  recommendations and develop a consensus proposal for funding.

  9  The Legislature shall adopt a formula and distribute the

10  performance funds to the Division of Community Colleges and

11  the Division of Workforce Development through the General

12  Appropriations Act. These recommendations shall be based on

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

14  programs and encourage through performance-funding awards:

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

16  occupations identified by the Occupational Forecasting

17  Conference created by s. 216.136 and other programs as

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

19  performance incentives shall be calculated for adults who

20  reach completion points or complete programs that lead to

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

22  employment.

23         (b)  Programs that successfully prepare adults who are

24  eligible for public assistance, economically disadvantaged,

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

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

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

28  adults identified in this paragraph and job placement of such

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

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

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  1         (c)  Programs identified by the Jobs and Education

  2  Partnership as increasing the effectiveness and cost

  3  efficiency of education.

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

  5  240.116 in a workforce development program funded through the

  6  Workforce Development Education Fund and operated by a

  7  community college or school district technical center

  8  generates the amount calculated by the Workforce Development

  9  Education Fund, including any payment of performance funding,

10  and the proportional share of full-time equivalent enrollment

11  generated through the Florida Education Finance Program for

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

13  student is dually enrolled in a community college program,

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

15  college earns the funds generated through the Workforce

16  Development Education Fund and the school district earns the

17  proportional share of full-time equivalent funding from the

18  Florida Education Finance Program. If a student is dually

19  enrolled in a technical center operated by the same district

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

21  district earns the funds generated through the Workforce

22  Development Education Fund and also earns the proportional

23  share of full-time equivalent funding from the Florida

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

25  a workforce development program provided by a technical center

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

27  divided between the two school districts proportionally from

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

29  funding in a dual enrollment workforce development program

30  unless the student has completed the basic skills assessment

31  pursuant to s. 239.213.

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  1         (11)  The Department of Education may adopt rules to

  2  administer this section.

  3         (12)  The Auditor General shall annually audit the

  4  Workforce Development Education Fund. The Office of Program

  5  Policy Analysis and Government Accountability shall review the

  6  workforce development program and provide a report to the

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

  8  direction of the Joint Legislative Auditing Committee. Such

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

10  community colleges and school districts.

11         Section 2.  Paragraph (d) of subsection (4), subsection

12  (5), paragraph (a) of subsection (6), and subsections (7),

13  (8), and (18) of section 239.117, Florida Statutes, are

14  amended to read:

15         239.117  Workforce development postsecondary student

16  fees.--

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

18  of registration, matriculation, and laboratory fees:

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

20  program under the WAGES Program.  The local WAGES coalition

21  shall pay the community college or school district for the

22  total costs incurred for WAGES clients.

23         (5)  School districts and community colleges may waive

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

25  waivers granted by the school district or community college

26  may not exceed 8 percent of the enrollment hours for the

27  postsecondary vocational certificate program of the district

28  or community college or an the amount established annually in

29  the General Appropriations Act. Any student whose fees are

30  waived in excess of the authorized amount may not be reported

31  for state funding purposes. Any school district or community

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  1  college that waives fees and requests state funding for a

  2  student in violation of the provisions of this section shall

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

  4  full-time student enrollment reported.

  5         (6)(a)  The Commissioner of Education shall provide to

  6  the State Board of Education no later than December 31 of each

  7  year a schedule of fees for workforce development education,

  8  excluding continuing workforce education, for school districts

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

10  amount of student fees necessary to produce up to 25 percent

11  of the prior year's average cost of a course of study leading

12  to a certificate or diploma. At the discretion of a school

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

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

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

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

17  fees shall be raised in increments designed to lessen their

18  impact upon students already enrolled. Fees for students who

19  are not residents for tuition purposes must offset the full

20  cost of instruction. Fee-nonexempt students enrolled in

21  vocational-preparatory instruction shall be charged fees equal

22  to the fees charged for certificate career education

23  instruction. Each community college that conducts

24  college-preparatory and vocational-preparatory instruction in

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

26  of instruction.

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

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

29  programs and certificate career education programs supported

30  through student fees.  For students who are residents for

31  tuition purposes, the schedule so adopted must produce

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

  2  program cost for college-preparatory and certificate-level

  3  workforce development programs. Fees for continuing workforce

  4  education shall be locally determined by the school board or

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

  6  expenditures for the continuing workforce education program

  7  provided by the community college or school district must be

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

  9  tuition purposes must offset the full cost of instruction.

10         (8)  Each school board and community college board of

11  trustees may establish a separate fee for financial aid

12  purposes in an additional amount of up to 5 10 percent of the

13  student fees collected for workforce development programs

14  funded through the Workforce Development Education Fund.  All

15  fees collected shall be deposited into a separate workforce

16  development student financial aid fee trust fund of the

17  district or community college to support students enrolled in

18  workforce development programs. Any undisbursed balance

19  remaining in the trust fund and interest income accruing to

20  investments from the trust fund shall increase the total funds

21  available for distribution to workforce development education

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

23  distributed in accordance with a nationally recognized system

24  of need analysis approved by the State Board for Career

25  Education. Fees collected pursuant to this subsection shall be

26  allocated in an expeditious manner.

27         (18)  Each district school board and community college

28  district board of trustees is authorized to establish a

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

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

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

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

  2  accordance with technology improvement plans. The technology

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

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

  5  community college board of trustees as a dedicated revenue

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

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

  8  financed. Revenues generated from the technology fee may not

  9  be bonded.

10         Section 3.  Subsections (3), (7), (10), and (14) of

11  section 240.35, Florida Statutes, are amended to read:

12         240.35  Student fees.--Unless otherwise provided, the

13  provisions of this section apply only to fees charged for

14  college credit instruction leading to an associate in arts

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

16  associate in science degree and noncollege credit

17  college-preparatory courses defined in s. 239.105.

18         (3)  Students enrolled in dual enrollment and early

19  admission programs under s. 240.116 and students enrolled in

20  employment and training programs under the WAGES Program are

21  exempt from the payment of registration, matriculation, and

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

23  within calculations of fee-waived enrollments. The local WAGES

24  coalition shall pay the community college for the total costs

25  incurred by that WAGES participant related to that person's

26  classes or program. Other fee-exempt instruction provided

27  under this subsection generates an additional one-fourth

28  full-time equivalent enrollment.

29         (7)  Each community college board of trustees shall

30  establish matriculation and tuition fees, which may vary no

31  more than 10 percent below and 15 percent above the fee

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  1  schedule adopted by the State Board of Community Colleges,

  2  provided that any amount from 10 to 15 percent above the fee

  3  schedule is used only to support safety and security purposes.

  4  In order to assess an additional amount for safety and

  5  security purposes, a community college board of trustees must

  6  provide written justification to the State Board of Community

  7  Colleges based on criteria approved by the local board of

  8  trustees, including but not limited to criteria such as local

  9  crime data and information, and strategies for the

10  implementation of local safety plans.  If For 1999-2000, each

11  community college is authorized to increase the sum of the

12  matriculation fee and technology fee by not more than 5

13  percent of the sum of the matriculation and local safety and

14  security fees in 1998-1999. However, no fee in 1999-2000 shall

15  exceed the prescribed statutory limit. Should a college

16  increases decide to increase the matriculation fee to an

17  amount between 10 percent and 15 percent above the standard

18  matriculation fee, the funds raised by increasing the

19  matriculation fee must be expended solely for additional

20  safety and security purposes and may shall not supplant

21  funding expended in the prior year's 1998-1999 budget for

22  safety and security purposes.

23         (10)  Each community college district board of trustees

24  may establish a separate activity and service fee not to

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

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

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

28  registration and tuition fees. The student activity and

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

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

31  purposes to directly benefit the student body in general.

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  1  These purposes include, but are not limited to, student

  2  publications and grants to duly recognized student

  3  organizations, the membership of which is open to all students

  4  at the community college without regard to race, sex, or

  5  religion.

  6         (14)  Each community college board of trustees may

  7  establish a separate fee for capital improvements, technology

  8  enhancements, or equipping student buildings which may not

  9  exceed 5 percent of the matriculation fee for resident

10  students or 5 percent of the matriculation and tuition fees

11  for nonresident students $1 per credit hour or credit-hour

12  equivalent for residents and which equals or exceeds $3 per

13  credit hour for nonresidents.  Funds collected by community

14  colleges through these fees may be bonded only for the purpose

15  of financing or refinancing new construction and equipment,

16  renovation, or remodeling of educational facilities. The fee

17  shall be collected as a component part of the registration and

18  tuition fees, paid into a separate account, and expended only

19  to construct and equip, maintain, improve, or enhance the

20  educational facilities of the community college. Projects

21  funded through the use of the capital improvement fee shall

22  meet the survey and construction requirements of chapter 235.

23  Pursuant to s. 216.0158, each community college shall identify

24  each project, including maintenance projects, proposed to be

25  funded in whole or in part by such fee. Capital improvement

26  fee revenues may be pledged by a board of trustees as a

27  dedicated revenue source to the repayment of debt, including

28  lease-purchase agreements and revenue bonds, with a term not

29  to exceed 20 years, and not to exceed the useful life of the

30  asset being financed, only for the new construction and

31  equipment, renovation, or remodeling of educational

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  1  facilities. Community colleges may use the services of the

  2  Division of Bond Finance of the State Board of Administration

  3  to issue any bonds authorized through the provisions of this

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

  5  Finance shall be in compliance with the provisions of the

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

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

  8  complaint for such validation shall be filed in the circuit

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

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

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

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

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

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

15  may be allocated from the capital improvement fee for child

16  care centers conducted by the community college.

17         Section 4.  This act shall take effect July 1, 2000.

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19            *****************************************

20                          SENATE SUMMARY

21    Revises the requirements for setting fees and funding
      workforce development education, adult education
22    programs, and certificate career education. Provides for
      a local WAGES coalition to pay the total costs incurred
23    by WAGES clients enrolled in certain programs. Deletes a
      limitation on the use of technology fees. Requires that
24    the matriculation fee be used for safety and security
      purposes if it exceeds a certain amount. (See bill for
25    details.)

26

27

28

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