House Bill 0321c1

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    Florida House of Representatives - 2000              CS/HB 321

        By the Committee on Education Innovation and
    Representatives Wise and Melvin





  1                      A bill to be entitled

  2         An act relating to job training; amending s.

  3         446.609, F.S.; deleting a time-period

  4         limitation for the "Jobs for Florida's

  5         Graduates" school to work program; deleting

  6         provisions relating to an endowment fund;

  7         deleting provisions relating to distribution of

  8         earnings on the endowment fund; deleting

  9         provisions relating to startup funding;

10         revising annual report requirements; repealing

11         s. 3, ch. 98-218, Laws of Florida, relating to

12         a temporary pilot apprenticeship program;

13         providing an effective date.

14

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

16

17         Section 1.  Section 446.609, Florida Statutes, is

18  amended to read:

19         446.609  Jobs for Florida's Graduates Act.--

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

21  "Jobs for Florida's Graduates Act."

22         (2)  DEFINITIONS.--For the purposes of this section:

23         (a)  "Board" means the board of directors of the

24  Florida Endowment Foundation for Florida's Graduates.

25         (b)  "Department" means the Department of Education.

26         (c)  "Endowment fund" means an account established

27  within the Florida Endowment Foundation for Florida's

28  Graduates to provide a continuing and growing source of

29  revenue for school-to-work transition efforts.

30         (d)  "Foundation" means the Florida Endowment

31  Foundation for Florida's Graduates.

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  1         (e)  "Operating account" means an account established

  2  under paragraph (7)(8)(h) to carry out the purposes of this

  3  section.

  4         (3)  LEGISLATIVE INTENT.--The Legislature recognizes

  5  that it is in the best interest of the citizens of this state

  6  that the state have a well-educated and skilled workforce to

  7  be competitive in a changing economy. It is the intent of the

  8  Legislature to meet the challenge of ensuring a skilled

  9  workforce by creating a formal program to facilitate the

10  important school-to-work transition and to provide additional

11  funding to achieve this goal.  Accordingly, the Legislature

12  finds and declares that:

13         (a)  The purpose of this section is to broaden the

14  participation and funding potential for further significant

15  support for Florida students who are approaching the

16  transition from school to work.

17         (b)  It is appropriate to encourage individual and

18  corporate support and involvement, as well as state support

19  and involvement, to promote employment opportunities for

20  Florida's students.

21         (4)  PROGRAM.--There is hereby created, for an initial

22  5-year period, a school-to-work program to be known as Jobs

23  for Florida's Graduates which shall, during the initial 5-year

24  phase set forth in this section and except as otherwise

25  provided by law or by rule of the Department of Education, be

26  operated in accordance with the process and outcome standards

27  of Jobs for America's Graduates, Inc.  To that end, the board

28  shall enter into a sponsoring agreement with Jobs for

29  America's Graduates, Inc., to carry out the Jobs for America's

30  Graduates model within the state.

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  1         (a)  During the first year of operation, the Jobs for

  2  Florida's Graduates Program shall be operated in not less than

  3  25 nor more than 50 high schools in the state to be chosen by

  4  the board.  The goal of the program shall be to have a minimum

  5  of 300 high schools participating in the program by the end of

  6  the 2001-2002 school year.

  7         (b)  The schools chosen by the board to participate in

  8  the program must represent a demographically balanced sample

  9  population, include both urban and rural schools, and be

10  comprised of schools, including charter schools, in all

11  geographic areas of the state.  Each school selected to

12  participate shall enter into a formal written agreement with

13  the board which, at a minimum, details the responsibilities of

14  each party and the process and outcome goals of the initial

15  5-year Jobs for Florida's Graduates Program.

16         (c)  Students shall be selected and approved for

17  participation in the program by the educational institutions

18  in which they are enrolled, and such selection and approval

19  shall be based on their being classified as 12th grade at-risk

20  students.

21         (5)  REVENUE FOR THE ENDOWMENT FUND.--

22         (a)  An endowment fund is created as a long-term,

23  stable, growing source of revenue to be administered by the

24  foundation in accordance with rules promulgated by the

25  department.

26         (b)  The principal of the endowment fund shall consist

27  of legislative appropriations that are made to the endowment

28  fund and bequests, gifts, grants, and donations as may be

29  solicited from public or private sources by the foundation.

30         (c)  The State Board of Administration shall invest and

31  reinvest moneys of the endowment fund principal in accordance

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  1  with the provisions of ss. 215.44-215.53. Interest and

  2  investment income earned on the endowment fund principal shall

  3  be annually transmitted to the foundation, based upon a fiscal

  4  year which runs from July 1 through June 30, and shall be

  5  deposited in the foundation's operating account for

  6  distribution as provided in this section.

  7         (5)(6)  THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S

  8  GRADUATES.--

  9         (a)  The Florida Endowment Foundation for Florida's

10  Graduates is created as a direct-support organization of the

11  Department of Education to encourage public and private

12  support to enhance school-to-work transition. As a

13  direct-support organization, the foundation shall operate

14  under contract with the department and shall be:

15         1.  A Florida corporation not for profit which is

16  incorporated under the provisions of chapter 617 and approved

17  by the Department of State.

18         2.  Organized and operated exclusively to do the

19  following:  raise funds; submit requests and receive grants

20  from the Federal Government, the state, private foundations,

21  and individuals; receive, hold, and administer property; and

22  make expenditures to or for the benefit of school-to-work

23  transition programs approved by the board of directors of the

24  foundation.

25         (b)  As a direct-support organization, the foundation

26  shall:

27         1.  Develop articles of incorporation.

28         2.  Create a board of directors appointed by the

29  Commissioner of Education.

30         3.  Perform an annual financial and performance review

31  to determine if the foundation is operating in a manner

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  1  consistent with the goals of the Legislature in providing

  2  assistance for school-to-work transitions.

  3         4.  Provide a mechanism for the reversion to the state

  4  of moneys in the foundation and in any other funds and

  5  accounts held in trust by the foundation if the foundation is

  6  dissolved.

  7         (6)(7)  BOARD OF DIRECTORS.--The foundation shall be

  8  administered by a board of directors, as follows:

  9         (a)  The board shall consist of 15 members. At least 9

10  of the 15 members must be from the private sector, and the

11  remaining members may be from the public sector. Among the

12  public sector members, representation shall come from

13  secondary education, vocational education, and job-training

14  programs such as Job Education Partnership. The chair may be

15  from either the private sector or the public sector.

16         (b)  All members shall have an interest in

17  school-to-work transition and, insofar as is practicable,

18  shall:

19         1.  Have skills in foundation work or other fundraising

20  activities, financial consulting, or investment banking or

21  other related experience; or

22         2.  Have experience in policymaking or senior

23  management level positions or have distinguished themselves in

24  the fields of education, business, or industry.

25         (c)  The chair and all board members shall be appointed

26  by the Commissioner of Education.

27         1.  The chair shall be appointed for a term of 2 years

28  and may be reappointed.  However, no chair may serve more than

29  6 consecutive years.

30         2.  Board members shall serve for 3-year terms or

31  until resignation or removal for cause, except that members

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  1  appointed to serve initial terms shall be appointed for

  2  staggered terms of 1, 2, and 3 years, respectively.

  3         (d)  In the event of a vacancy on the board caused by

  4  an occurrence other than the expiration of a term, a new

  5  member shall be appointed.

  6         (e)  Each member is accountable to the Commissioner of

  7  Education for the proper performance of the duties of office.

  8  The commissioner may remove any member from office for

  9  malfeasance, misfeasance, neglect of duty, incompetence, or

10  permanent inability to perform official duties or for pleading

11  nolo contendere to, or being found guilty of, a crime.

12         (7)(8)  ORGANIZATION, POWERS, AND DUTIES.--Within the

13  limits prescribed in this section or by rule of the

14  department:

15         (a)  Upon appointment, the board shall meet and

16  organize. Thereafter, the board shall hold such meetings as

17  are necessary to implement the provisions of this section and

18  shall conduct its business in accordance with rules

19  promulgated by the department.

20         (b)  The board may solicit and receive bequests, gifts,

21  grants, donations, goods, and services.  When gifts are

22  restricted as to purpose, they may be used only for the

23  purpose or purposes stated by the donor.

24         (c)  The board may enter into contracts with the

25  Federal Government, state or local agencies, private entities,

26  or individuals to carry out the purposes of this section.

27         (d)  The board may identify, initiate, and fund Jobs

28  for Florida's Graduates programs to carry out the purposes of

29  this section.

30         (e)  The board may make gifts or grants:

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  1         1.  To the state, or any political subdivision thereof,

  2  or any public agency of state or local government.

  3         2.  To a corporation, trust, association, or foundation

  4  organized and operated exclusively for charitable,

  5  educational, or scientific purposes.

  6         3.  To the department for purposes of program

  7  recognition and marketing, public relations and education,

  8  professional development, and technical assistance and

  9  workshops for grant applicants and recipients and the business

10  community.

11         (f)  The board may advertise and solicit applications

12  for funding and shall evaluate applications and program

13  proposals submitted thereto.

14         (g)  The board shall monitor, review, and annually

15  evaluate funded programs to determine whether funding should

16  be continued, terminated, reduced, or increased.

17         (h)  The board shall establish an operating account for

18  the deposit of funds to be used in carrying out the purposes

19  of this section.

20         (i)  The board shall operate the Jobs for Florida's

21  Graduates Program in such a way, and shall recommend to the

22  Department of Education the adoption of such rules as may be

23  necessary, to ensure that the following outcome goals are met:

24         1.  In year 1:

25         a.  The statewide graduation rates, or GED test

26  completion rates, of participants in the Jobs for Florida's

27  Graduates Program shall be at least 82 percent by March 31 of

28  the year following the end of the academic year in which the

29  participants' respective high school classes graduated.

30         b.  By March 31 of the year following the end of the

31  academic year in which the participants' respective high

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  1  school classes graduated, 70 to 75 percent of participants in

  2  the Jobs for Florida's Graduates Program shall be employed a

  3  minimum of 40 hours per week in the civilian sector or the

  4  military or enrolled in postsecondary training education, or

  5  any combination of these that together are equivalent to 40

  6  hours per week.

  7         c.  By March 31 of the year following the end of the

  8  academic year in which the participants' respective high

  9  school classes graduated, the average wage of participants in

10  the Jobs for Florida's Graduates Program who are working shall

11  be at or above the national average wage for all participants

12  in programs affiliated with Jobs for America's Graduates, Inc.

13         2.  In year 2:

14         a.  The statewide graduation rates, or GED test

15  completion rates, of participants in the Jobs for Florida's

16  Graduates Program shall be at least 85 percent by March 31 of

17  the year following the end of the academic year in which the

18  participants' respective high school classes graduated.

19         b.  By March 31 of the year following the end of the

20  academic year in which the participants' respective high

21  school classes graduated, 75 to 78 percent of participants in

22  the Jobs for Florida's Graduates Program shall be employed a

23  minimum of 40 hours per week in the civilian sector or the

24  military or enrolled in postsecondary training education, or

25  any combination of these that together are equivalent to 40

26  hours per week.

27         c.  By March 31 of the year following the end of the

28  academic year in which the participants' respective high

29  school classes graduated, the average wage of participants in

30  the Jobs for Florida's Graduates Program who are working shall

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  1  be at or above the national average wage for all participants

  2  in programs affiliated with Jobs for America's Graduates, Inc.

  3         3.  In years 3 through 5:

  4         a.  The statewide graduation rates, or GED test

  5  completion rates, of participants in the Jobs for Florida's

  6  Graduates Program shall be at least 90 percent by March 31 of

  7  the year following the end of the academic year in which the

  8  participants' respective high school classes graduated.

  9         b.  By March 31 of the year following the end of the

10  academic year in which the participants' respective high

11  school classes graduated, 80 percent of participants in the

12  Jobs for Florida's Graduates Program shall be employed a

13  minimum of 40 hours per week in the civilian sector or the

14  military or enrolled in postsecondary training education, or

15  any combination of these that together are equivalent to 40

16  hours per week.

17         c.  By March 31 of the year following the end of the

18  academic year in which the participants' respective high

19  school classes graduated, the average wage of participants in

20  the Jobs for Florida's Graduates Program who are working shall

21  be at or above the national average wage for all participants

22  in programs affiliated with Jobs for America's Graduates, Inc.

23         (j)  The board may take such additional actions,

24  including independently organizing and conducting hiring

25  practices, as are deemed necessary and appropriate to

26  administer the provisions of this section.  To the maximum

27  extent possible, the board shall hire Jobs for Florida's

28  Graduates Program staff who operate in selected schools to

29  fill necessary staff positions and shall provide for salary,

30  benefits, discipline, evaluation, or discharge according to a

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  1  contractual agreement. These positions shall not be state

  2  employee positions.

  3         (9)  DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND

  4  PRINCIPAL.--The board shall use the moneys in the operating

  5  account, by whatever means, to provide for:

  6         (a)  Planning, research, and policy development for

  7  issues related to school-to-work transition and publications

  8  and dissemination of such information as may serve the

  9  objectives of this section.

10         (b)  Promotion of initiatives for school-to-work

11  transition.

12         (c)  Funding of programs which engage in, contract for,

13  foster, finance, or aid in job training and counseling for

14  school-to-work transition research, education, or

15  demonstration, or other related activities.

16         (d)  Funding of programs which engage in, contract for,

17  foster, finance, or aid in activities designed to advance

18  better public understanding and appreciation of the

19  school-to-work transition.

20         (10)  STARTUP FUNDING.--Notwithstanding any provision

21  of this section to the contrary, in order to provide for first

22  year startup funds, 50 percent of the money allocated during

23  the 12-month period beginning July 1, 1998, shall not be

24  available for investment by the State Board of Administration,

25  but shall be transmitted quarterly to the foundation board and

26  shall be available to the foundation for the purposes set

27  forth in this section.

28         (8)(11)  ACCREDITATION.--During the initial 5-year

29  period, The board shall request and contract with the national

30  accreditation process of Jobs for America's Graduates, Inc.,

31  to ensure the viability and efficacy of the individual

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  1  school-based Jobs for Florida's Graduates programs in the

  2  state.

  3         (9)(12)  ANNUAL AUDIT.--The board shall cause an annual

  4  audit of the foundation's financial accounts to be conducted

  5  by an independent certified public accountant in accordance

  6  with rules adopted by the department.  The annual audit report

  7  shall be submitted to the Auditor General and the department

  8  for review.  The Auditor General and the department may

  9  require and receive from the foundation, or from its

10  independent auditor, any relevant detail or supplemental data.

11         (10)(13)  ASSESSMENT OF PROGRAM RESULTS.--The success

12  of the Jobs for Florida's Graduates Program shall be assessed

13  as follows:

14         (a)  No later than November 1 of each year of the Jobs

15  for Florida's Graduates Program, Jobs for America's Graduates,

16  Inc., shall conduct and deliver to the Office of Program

17  Policy Analysis and Government Accountability a full review

18  and report of the program's activities.  The Office of Program

19  Policy Analysis and Government Accountability shall audit and

20  review the report and deliver the report, along with its

21  analysis and any recommendations for expansion, curtailment,

22  modification, or continuation, to the board not later than

23  December 31 of the same year.

24         (b)  Beginning in the first year of the Jobs for

25  Florida's Graduates Program, the Division of Economic and

26  Demographic Research of the Joint Legislative Management

27  Committee shall undertake, during the initial phase, an

28  ongoing longitudinal study of participants to determine the

29  overall efficacy of the program.  The division shall transmit

30  its findings each year to the Office of Program Policy

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  1  Analysis and Government Accountability for inclusion in the

  2  report provided for in paragraph (a).

  3         (11)(14)  ANNUAL REPORT.--The board shall issue a

  4  report to the Governor, the President of the Senate, the

  5  Speaker of the House of Representatives, and the Commissioner

  6  of Education by March 1, 2000, and each year thereafter,

  7  summarizing the performance of the endowment fund for the

  8  previous fiscal year and the foundation's fundraising

  9  activities and performance and detailing those activities and

10  programs supported by the earnings on the endowment principal

11  or by bequests, gifts, grants, donations, and other valued

12  goods and services received.

13         (12)(15)  RULES.--The department shall adopt promulgate

14  rules to implement for the implementation of this section.

15         Section 2.  Section 3 of chapter 98-218, Laws of

16  Florida, is repealed.

17         Section 3.  This act shall take effect July 1, 2000.

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