Senate Bill sb2004e1
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SB 2004 First Engrossed
1 A bill to be entitled
2 An act relating to education; providing for the
3 Florida Bright Futures Scholarship Testing
4 Program; requiring the Articulation
5 Coordinating Committee to identify scores,
6 credit, and courses for which credit may be
7 awarded for specified examinations; requiring
8 the completion of examinations for receipt of
9 certain awards; providing requirements with
10 respect to the award of credit; requiring
11 annual reporting of the effectiveness of the
12 program; providing legislative intent for
13 certain career and technical education programs
14 within comprehensive programs of study in high
15 schools; providing for industry-certification,
16 for certain required courses and activities;
17 authorizing an endorsement and funding;
18 authorizing rules of the Department of
19 Education; requiring certain programs and
20 career-development activities to assist
21 counselors; amending ss. 228.041, 229.601,
22 229.602, 239.121, F.S.; revising a personnel
23 classification title; amending s. 236.081,
24 F.S.; providing for funding of certain
25 programs; prohibiting certain courses and
26 programs from being reported for funding or
27 from being substituted for other courses or
28 programs; providing for certain
29 professional-development activities; amending
30 s. 239.229, F.S.; providing certain
31 responsibilities for school boards and
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SB 2004 First Engrossed
1 superintendents; amending s. 446.609, F.S.;
2 deleting a time-period limitation for the "Jobs
3 for Florida's Graduates" school-to-work
4 program; deleting provisions relating to an
5 endowment fund; revising certain provisions
6 relating to the members of the board of
7 directors of the Florida Endowment Foundation
8 for Florida Graduates; revising criteria for
9 certain outcome goals; deleting provisions
10 relating to distribution of earnings on the
11 endowment fund; deleting provisions relating to
12 startup funding; revising annual report
13 requirements; requiring the State Board of
14 Administration to transfer all principal and
15 interest in the endowment fund to the
16 foundation's board of directors for certain
17 purposes; repealing s. 3, ch. 98-218, Laws of
18 Florida, relating to a temporary pilot
19 apprenticeship program; providing an effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Florida Bright Futures Scholarship Testing
25 Program.--
26 (1) By January 1, 2002, the Articulation Coordinating
27 Committee shall identify the minimum scores, maximum credit,
28 and course or courses for which credit is to be awarded for
29 each College Level Examination Program (CLEP) general
30 examination, CLEP subject examination, College Board Advanced
31 Placement Program examination, and International Baccalaureate
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SB 2004 First Engrossed
1 examination. In addition, the Articulation Coordinating
2 Committee shall identify such courses in the general education
3 core curriculum of each state university and community
4 college.
5 (2) Each community college and state university must
6 award credit for specific courses for which competency has
7 been demonstrated by successful passage of one of these
8 examinations unless the award of credit duplicates credit
9 already awarded. Community colleges and universities may not
10 exempt students from courses without the award of credit if
11 competencies have been so demonstrated.
12 (3) Beginning with initial award recipients for the
13 2002-2003 academic year and continuing thereafter, students
14 eligible for a Florida Academic Scholars award or a Florida
15 Medallion Scholars award who are admitted to and enroll in a
16 community college or state university shall, prior to
17 registering for courses that may be earned through a CLEP
18 examination and no later than registration for their second
19 term, complete at least five examinations from those specified
20 in subsection (1) in the following areas: English; humanities;
21 mathematics; natural sciences; and social sciences. Successful
22 completion of dual enrollment courses, Advanced Placement
23 examinations, and International Baccalaureate examinations
24 taken prior to high school graduation satisfy this
25 requirement. The Articulation Coordinating Committee shall
26 identify the examinations that satisfy each component of this
27 requirement.
28 (4) Initial award recipients for the 2001-2002
29 academic year who are eligible for a Florida Academic Scholars
30 award or a Florida Medallion Scholars award and who are
31 admitted to and enroll in a community college or state
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SB 2004 First Engrossed
1 university may choose, prior to registering for courses that
2 may be earned through CLEP examination, to complete up to five
3 CLEP examinations, one in each of the following areas:
4 English; humanities; mathematics; natural sciences; and social
5 sciences.
6 (5) Each community college and state university shall
7 pay for the CLEP examinations required pursuant to this
8 section from the funds appropriated from the Educational
9 Enhancement Trust Fund. Institutions shall pay no more than
10 $46 per examination for the program, which shall include
11 access to a student guide to prepare for the test. The
12 Department of Education shall negotiate with the College Board
13 for a reduced rate for the examinations. The institution shall
14 not charge the student for preparation and administration of
15 the test, access to a student guide to prepare for the test,
16 or recordkeeping and reporting of each student's test results
17 to the department.
18 (6) The credit awarded pursuant to this section shall
19 apply toward the 120 hours of college credit required pursuant
20 to section 240.115(6), Florida Statutes.
21 (7) The maximum number of credit hours for which a
22 student is eligible to receive a Florida Bright Futures
23 Scholarship Program award shall be reduced by the number of
24 hours for which credit is awarded pursuant to this section.
25 (8) Beginning with the 2002-2003 award recipients, the
26 Department of Education shall track and annually report on the
27 effectiveness of the program, and include information on the
28 number of students participating in the program; the CLEP
29 examinations taken and the passage rate of Florida Academic
30 Scholars and Florida Medallion Scholars award recipients; the
31 use of Advanced Placement and International Baccalaureate
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1 examinations and dual enrollment courses to satisfy the
2 requirements of the program; and the course credit provided.
3 Section 2. (1) The Legislature intends to ensure that
4 all high schools provide supportive services to students and
5 their parents to determine the comprehensive program of study
6 that will best meet the needs and goals of each student. At a
7 minimum, these services must include access to a guidance
8 counselor and assistance in developing an educational and
9 career plan. Each high school shall provide a variety of
10 comprehensive, relevant programs of study which will meet the
11 needs of all students and enable each student to pursue his or
12 her individual educational and career goals.
13 (2) Key components of this process are:
14 (a) A variety of programs of study which are based on
15 individual educational and career goals.
16 (b) Parental involvement in the identification of the
17 appropriate program of study.
18 (c) Assurance that all programs of study are designed
19 to provide a seamless transition to an appropriate
20 postsecondary education and employment.
21 Section 3. (1) A career and technical education
22 program within a comprehensive high school program of study
23 must be certified or endorsed by the appropriate industry to
24 ensure that all components of the program are relevant and
25 appropriate to prepare the student for further education and
26 employment in that industry.
27 (2) Effective July 1, 2006, each career and technical
28 program preparing for postsecondary education and employment
29 offered as part of a comprehensive program of study in a high
30 school must be industry-certified or endorsed, except for
31 courses classified as exploratory, orientation, or practical
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SB 2004 First Engrossed
1 arts. A student enrolled in a course within a career and
2 technical program that is not industry-certified may not be
3 reported for full-time equivalent funding through the Florida
4 Education Finance Program unless the course is classified as
5 exploratory, orientation, or practical arts. The Department of
6 Education shall assure that each program is certified by July
7 1, 2006, and recertified at least every 5 years. The
8 department shall adopt rules for the certification process,
9 and the rules must establish any necessary procedures for
10 obtaining appropriate business partners and requirements for
11 business and industry involvement in curriculum oversight and
12 equipment procurement.
13 (3) Each full-time equivalent student in an
14 industry-certified or endorsed career and technical program
15 generates 1.15 times the cost factor for students enrolled in
16 the basic program for grades 9-12, as provided by section
17 236.081, Florida Statutes, and the annual General
18 Appropriations Act.
19 (4) Effective July 1, 2006, each career and technical
20 education program offered by a high school and able to be
21 articulated to a postsecondary level must also have an
22 articulation agreement with one or more appropriate
23 postsecondary education institutions to ensure a seamless
24 transition to a related postsecondary program without a loss
25 of credit for the student. Students enrolled in a program that
26 is not articulated to a postsecondary program may not be
27 reported for full-time equivalent student funding through the
28 Florida Education Finance Program unless the course is
29 classified as exploratory, orientation, or practical arts or
30 terminates at the high school level.
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SB 2004 First Engrossed
1 Section 4. (1) A comprehensive program of study in
2 career and technical education must be designed to ensure
3 that, upon completion of the program of study and graduation
4 from high school, a student is prepared to continue his or her
5 education at a postsecondary education institution and obtain
6 employment. Therefore, a comprehensive career and technical
7 program of study must require of each student:
8 (a) Completion of academic courses with a designation
9 from the Department of Education of level two or above. All
10 credits earned to meet graduation requirements in mathematics,
11 science, and communication must have that designation.
12 (b) Attainment of at least one occupational completion
13 point in an industry-certified or endorsed career and
14 technical education program or completion of at least two
15 courses in a technology education program.
16 (c) Completion of a one-credit core course addressing
17 workplace-readiness skills. The Department of Education shall
18 define in rule the content of the course and shall assure that
19 the course meets graduation requirements for performing arts
20 or practical arts. The course requirement may be satisfied
21 through infusing course content into existing select career
22 and technical education course.
23 (d) Participation in work-based learning experiences,
24 as defined in rule by the Department of Education.
25 (e) Participation in a capstone activity that includes
26 a project related to a career. This activity is designed to
27 apply and demonstrate the competencies and concepts attained
28 in the student's program of study. The Department of Education
29 may specify in rule characteristics of capstone activities
30 that meet the intent of this paragraph.
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1 (2) The Legislature intends to recognize with an
2 endorsement on the high school diploma a student who:
3 (a) Completes the requirements for high school
4 graduation as provided in section 232.246, Florida Statutes,
5 and the additional requirements for a comprehensive career and
6 technical program of study provided in subsection (1).
7 (b) Passes the college entry-level placement test or
8 an equivalent test identified by the department with a score
9 adequate to enroll in a public postsecondary education program
10 without the need for college preparatory or vocational
11 preparatory instruction.
12 (3) The endorsement indicates that the student is
13 prepared to continue into postsecondary education without the
14 need for remediation and that the student has marketable
15 employment skills. The Department of Education may adopt by
16 rule a standard format for the endorsement.
17 (4) For each student who receives the endorsement on
18 his or her diploma, the school district shall receive
19 incentive funding, as provided in section 236.081, Florida
20 Statutes, and the annual General Appropriations Act.
21 (5) A school district that generates funds as a result
22 of industry-certified programs or incentive funding for
23 student achievement of the endorsement must expend the total
24 amount on the comprehensive career and technical program of
25 study. The district may not apply indirect charges to
26 incentive funds earned.
27 Section 5. The Legislature finds that, to adequately
28 assist students in advanced technical and academic career
29 planning, high school guidance counselors and career
30 specialists require preservice and inservice professional
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SB 2004 First Engrossed
1 development programs that contain sufficient information on
2 career education.
3 (1) Each guidance counselor and career specialist in a
4 school with technical education programs certified as provided
5 in section 2 of this act shall complete 12 inservice points in
6 technical education and career development which include:
7 (a) An emphasis on labor-market trends and
8 projections;
9 (b) A practicum that focuses on development of a
10 career-awareness program; and
11 (c) Content related to a career or employment within
12 the counselor's work experience.
13 (2) The Department of Education shall assist guidance
14 counselors and career specialists in attaining the additional
15 inservice required. The State Board of Education shall revise
16 rules governing the certification and recertification of
17 guidance counselors to allow substitution of personal
18 work-based experiences and temporary-employment opportunities
19 in business and industry for the required classroom
20 instruction. A minimum of 12 hours of inservice in career and
21 technical education will be required for each 5-year period.
22 (3) To implement the requirements of this act through
23 preservice education, the Legislature encourages colleges of
24 education to provide for the additional courses required
25 without increasing the total number of credit hours needed to
26 complete a program. Instead, the colleges are encouraged to
27 infuse course content required for ethics courses into courses
28 required for introduction, theory, and practicum.
29 Section 6. Paragraph (b) of subsection (9) of section
30 228.041, Florida Statutes, is amended to read:
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SB 2004 First Engrossed
1 228.041 Definitions.--Specific definitions shall be as
2 follows, and wherever such defined words or terms are used in
3 the Florida School Code, they shall be used as follows:
4 (9) INSTRUCTIONAL PERSONNEL.--"Instructional
5 personnel" means any staff member whose function includes the
6 provision of direct instructional services to students.
7 Instructional personnel also includes personnel whose
8 functions provide direct support in the learning process of
9 students. Included in the classification of instructional
10 personnel are:
11 (b) Pupil personnel services.--Pupil personnel
12 services include staff members responsible for: advising
13 students with regard to their abilities and aptitudes,
14 educational and occupational opportunities, and personal and
15 social adjustments; providing placement services; performing
16 educational evaluations; and similar functions. Included in
17 this classification are guidance counselors, social workers,
18 career occupational/placement specialists, and school
19 psychologists.
20 Section 7. Paragraph (c) of subsection (2) of section
21 229.601, Florida Statutes, is amended to read:
22 229.601 Career education program.--
23 (2) There is hereby established a career education
24 program in the state educational system. The Commissioner of
25 Education and his or her designated staff shall administer
26 this program. In developing and administering the career
27 education program, the purpose of which is to promote positive
28 career opportunities for all students regardless of their
29 race, color, creed, national origin, ancestry, socioeconomic
30 status, or gender, the commissioner shall:
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SB 2004 First Engrossed
1 (c) Develop programs for preservice and inservice
2 training for the purpose of infusing career education concepts
3 into the basic curricula of public schools and core curricula
4 of community colleges and state universities and programs for
5 preservice and inservice training for counselors and career
6 occupational and placement specialists to assist in career
7 counseling and placement and followup activities.
8 Section 8. Paragraph (a) of subsection (5) of section
9 229.602, Florida Statutes, is amended to read:
10 229.602 Florida private sector and education
11 partnerships.--
12 (5) Each school district shall designate one or more
13 persons to coordinate local private sector and education
14 partnership activities. The general activities of these
15 coordinators shall be to enhance private sector and education
16 partnership activities. The specific duties of the district
17 coordinators shall include, but not be limited to, the
18 following:
19 (a) Maintaining contact with local businesses and
20 industries, local chamber of commerce organizations, regional
21 workforce boards private industry councils with Job Training
22 Partnership Act programs, district, career occupational
23 specialists, guidance personnel, economics educators,
24 volunteer coordinators, community education coordinators,
25 appropriate governmental personnel, and any others interested
26 in private sector and education partnerships.
27 Section 9. Paragraphs (c), (d), and (l) of subsection
28 (1) of section 236.081, Florida Statutes, are amended, present
29 paragraphs (m) through (p) of that subsection are redesignated
30 as paragraphs (n) through (q), respectively, and a new
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SB 2004 First Engrossed
1 paragraph (m) is added to that subsection, and paragraph (a)
2 of subsection (5) of that section is amended, to read:
3 236.081 Funds for operation of schools.--If the annual
4 allocation from the Florida Education Finance Program to each
5 district for operation of schools is not determined in the
6 annual appropriations act or the substantive bill implementing
7 the annual appropriations act, it shall be determined as
8 follows:
9 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
10 OPERATION.--The following procedure shall be followed in
11 determining the annual allocation to each district for
12 operation:
13 (c) Determination of programs.--Cost factors based on
14 desired relative cost differences between the following
15 programs shall be established in the annual General
16 Appropriations Act. A secondary career or technical education
17 program certified as required by section 2 of this act
18 generates funding as provided in paragraph (m). Effective July
19 1, 2006, a full-time equivalent student in a career or
20 technical education program that is not industry-certified or
21 endorsed shall not generate any state funding unless the
22 student is in a course classified as exploration, orientation,
23 or practical arts and the General Appropriations Act contains
24 a cost factor for such courses. The Department of Education
25 shall complete a study by January 2002 to determine if career
26 and technical education programs should have differentiated
27 funding weights. The Commissioner of Education shall specify a
28 matrix of services and intensity levels to be used by
29 districts in the determination of the two weighted cost
30 factors for exceptional students with the highest levels of
31 need. For these students, the funding support level shall fund
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SB 2004 First Engrossed
1 the exceptional students' education program, with the
2 exception of extended school year services for students with
3 disabilities.
4 1. Basic programs.--
5 a. Kindergarten and grades 1, 2, and 3.
6 b. Grades 4, 5, 6, 7, and 8.
7 c. Grades 9, 10, 11, and 12.
8 2. Programs for exceptional students.--
9 a. Support Level IV.
10 b. Support Level V.
11 3. Secondary career and technical education programs,
12 industry-certified or endorsed.--
13 4. Career and technical education programs, all other
14 programs.--
15 5.4. English for Speakers of Other Languages.--
16 (d) Annual allocation calculation.--
17 1. The Department of Education shall is authorized and
18 directed to review all district programs and enrollment
19 projections and calculate a maximum total weighted full-time
20 equivalent student enrollment for each district for the K-12
21 FEFP.
22 2. Maximum enrollments calculated by the department
23 shall be derived from enrollment estimates used by the
24 Legislature to calculate the FEFP. If two or more districts
25 enter into an agreement under the provisions of s.
26 230.23(4)(d), after the final enrollment estimate is agreed
27 upon, the amount of FTE specified in the agreement, not to
28 exceed the estimate for the specific program as identified in
29 paragraph (c), may be transferred from the participating
30 districts to the district providing the program.
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SB 2004 First Engrossed
1 3. As part of its calculation of each district's
2 maximum total weighted full-time equivalent student
3 enrollment, the department shall establish separate enrollment
4 ceilings for each of two program groups. Group 1 shall be
5 composed of grades K-3, grades 4-8, and grades 9-12. Group 2
6 shall be composed of students in exceptional student education
7 programs, English for Speakers of Other Languages programs,
8 all basic programs other than the programs in group 1, and all
9 vocational programs in grades 6-12 7-12.
10 a. The weighted enrollment ceiling for group 2
11 programs shall be calculated by multiplying the final
12 enrollment conference estimate for each program by the
13 appropriate program weight. The weighted enrollment ceiling
14 for program group 2 shall be the sum of the weighted
15 enrollment ceilings for each program in the program group,
16 plus the increase in weighted full-time equivalent student
17 membership from the prior year for clients of the Department
18 of Children and Family Services and the Department of Juvenile
19 Justice.
20 b. If, for any calculation of the FEFP, the weighted
21 enrollment for program group 2, derived by multiplying actual
22 enrollments by appropriate program weights, exceeds the
23 enrollment ceiling for that group, the following procedure
24 shall be followed to reduce the weighted enrollment for that
25 group to equal the enrollment ceiling:
26 (I) The weighted enrollment ceiling for each program
27 in the program group shall be subtracted from the weighted
28 enrollment for that program derived from actual enrollments.
29 (II) If the difference calculated under
30 sub-sub-subparagraph (I) is greater than zero for any program,
31 a reduction proportion shall be computed for the program by
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SB 2004 First Engrossed
1 dividing the absolute value of the difference by the total
2 amount by which the weighted enrollment for the program group
3 exceeds the weighted enrollment ceiling for the program group.
4 (III) The reduction proportion calculated under
5 sub-sub-subparagraph (II) shall be multiplied by the total
6 amount of the program group's enrollment over the ceiling as
7 calculated under sub-sub-subparagraph (I).
8 (IV) The prorated reduction amount calculated under
9 sub-sub-subparagraph (III) shall be subtracted from the
10 program's weighted enrollment. For any calculation of the
11 FEFP, the enrollment ceiling for group 1 shall be calculated
12 by multiplying the actual enrollment for each program in the
13 program group by its appropriate program weight.
14 c. For program group 2, the weighted enrollment
15 ceiling shall be a number not less than the sum obtained by:
16 (I) Multiplying the sum of reported FTE for all
17 programs in the program group that have a cost factor of 1.0
18 or more by 1.0, and
19 (II) By adding this number to the sum obtained by
20 multiplying the projected FTE for all programs with a cost
21 factor less than 1.0 by the actual cost factor.
22 4. Following completion of the weighted enrollment
23 ceiling calculation as provided in subparagraph 3., a
24 supplemental capping calculation shall be employed for those
25 districts that are over their weighted enrollment ceiling. For
26 each such district, the total reported unweighted FTE
27 enrollment for group 2 programs shall be compared with the
28 total appropriated unweighted FTE enrollment for group 2
29 programs. If the total reported unweighted FTE for group 2 is
30 greater than the appropriated unweighted FTE, then the excess
31 unweighted FTE up to the unweighted FTE transferred from group
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SB 2004 First Engrossed
1 2 to group 1 for each district by the Public School FTE
2 Estimating Conference shall be funded at a weight of 1.0 and
3 added to the funded weighted FTE computed in subparagraph 3.
4 This adjustment shall be calculated beginning with the third
5 calculation of the 1998-1999 FEFP.
6 (l) Instruction in career education.--Effective for
7 the 1985-1986 school year and thereafter, District pupil
8 progression plans shall provide for the substitution of
9 vocational courses for the nonelective courses required for
10 high school graduation pursuant to s. 232.246. Beginning July
11 1, 2006, a career and technical course may not be substituted
12 for another required course unless it is part of an
13 industry-certified or endorsed program certified as provided
14 in section 2 of this act. A student in grades 9 through 12 who
15 enrolls in and satisfactorily completes a job-preparatory
16 course program may substitute credit for a portion of the
17 required four credits in English, three credits in
18 mathematics, any credits in social studies, and three credits
19 in science. The credit substituted for English, mathematics,
20 social studies, or science earned through the vocational
21 job-preparatory course program shall be on a curriculum
22 equivalency basis as provided for in the State Course Code
23 Directory. The State Board of Education shall authorize by
24 rule vocational course substitutions not to exceed two credits
25 in each of the nonelective academic subject areas of English,
26 mathematics, social studies, and science. School districts
27 shall provide for vocational course substitutions not to
28 exceed two credits in each of the nonelective academic subject
29 areas of English, mathematics, social studies, and science,
30 upon adoption of vocational student performance standards by
31 the school board pursuant to s. 232.2454. A career and
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SB 2004 First Engrossed
1 technical course vocational program which has been used as a
2 substitute for a nonelective academic credit in one subject
3 area may not be used as a substitute for any other subject
4 area. The credit in practical arts or exploratory career
5 education required for high school graduation pursuant to s.
6 232.246(1) shall be funded as a career education course. Such
7 a course is eligible for funding at 1.15 times the cost factor
8 for students enrolled in the basic program for grades 9-12
9 only if it is part of a program certified or endorsed as
10 required by section 2 of this act.
11 (m) Calculation of full-time equivalent membership for
12 an industry-certified or endorsed technical program.--Funding
13 for students enrolled in an industry-certified program as
14 provided in section 2 of this act is calculated at 1.15 times
15 the cost factor for students enrolled in the program for
16 grades 9-12 and multiplying that number by the number of
17 full-time equivalent students in an industry-certified or
18 endorsed career and technical program. A student who earns the
19 endorsement authorized by section 3 of this act generates
20 additional incentive funding for the program, as provided in
21 subsection (5). During the transition from the 2001-2002
22 school year until July 1, 2006, all career and technical
23 education programs not industry-certified or endorsed or
24 articulated to postsecondary institutions will continue to
25 earn weighted funding as determined in the General
26 Appropriations Act.
27 (5) CATEGORICAL PROGRAMS.--The Legislature hereby
28 provides for the establishment of selected categorical
29 programs to assist in the development and maintenance of
30 activities giving indirect support to the programs previously
31 funded. These categorical appropriations may be funded as
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1 general and transitional categorical programs. It is the
2 intent of the Legislature that no transitional categorical
3 program be funded for more than 4 fiscal years from the date
4 of original authorization. Such programs are as follows:
5 (a) General.--
6 1. Comprehensive school construction and debt service
7 as provided by law.
8 2. Community schools as provided by law.
9 3. School lunch programs as provided by law.
10 4. Instructional material funds as provided by law.
11 5. Student transportation as provided by law.
12 6. Student development services as provided by law.
13 7. Diagnostic and learning resource centers as
14 provided by law.
15 8. Comprehensive health education as provided by law.
16 9. Excellent Teaching Program as provided by law.
17 10. Attainment of the high school career and technical
18 endorsement authorized by section 3 of this act and rules of
19 the State Board of Education.
20 Section 10. Section 239.121, Florida Statutes, is
21 amended to read:
22 239.121 Career Occupational specialists.--
23 (1) District school boards and community college
24 boards of trustees may employ career occupational specialists
25 to provide student counseling services and occupational
26 information to students and to provide information to local
27 business and industry regarding the availability of vocational
28 programs through local educational institutions. Under the
29 supervision of a certified counselor, career occupational
30 specialists may undertake special assignments that include,
31 but are not limited to, the identification and intensive
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1 counseling of current and former students and the parents of
2 such students, as well as counseling students and all
3 education personnel regarding job and career opportunities.
4 (2) Career Occupational specialists shall receive
5 certification pursuant to State Board of Education rule and s.
6 231.1725. A career No occupational specialist may not be paid
7 less than any other member of the instructional personnel who
8 has equivalent qualifications and provides similar services.
9 Career Occupational specialists may receive salary supplements
10 upon documentation that such supplements are necessary for
11 recruiting or retaining suitable personnel.
12 (3) The Department of Education and each school
13 district that employs a career specialist shall assist that
14 person in preparing a professional development plan designed
15 to provide the skills necessary to perform the duties
16 associated with implementing a comprehensive technical
17 education program of study.
18 Section 11. Paragraph (a) of subsection (2) of section
19 239.229, Florida Statutes, is amended to read:
20 239.229 Vocational standards.--
21 (2)(a) Each school board and superintendent shall
22 direct the smooth transition of high school career and
23 technical education programs to industry-certified or endorsed
24 programs of study included in a comprehensive course of study.
25 Each school board and superintendent shall also direct the
26 implementation of all components required to obtain the
27 endorsement authorized in section 3 of this act if the
28 district chooses to offer the endorsement. School board,
29 superintendent, and school accountability for career education
30 within elementary and secondary schools includes, but is not
31 limited to:
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SB 2004 First Engrossed
1 1. Student exposure to a variety of careers and
2 provision of instruction to explore specific careers in
3 greater depth.
4 2. Student awareness of available vocational programs
5 and the corresponding occupations into which such programs
6 lead.
7 3. Student development of individual career plans.
8 4. Integration of academic and vocational skills in
9 the secondary curriculum.
10 5. Student preparation to enter the workforce and
11 enroll in postsecondary education without being required to
12 complete college-preparatory or vocational-preparatory
13 instruction.
14 6. Student retention in school through high school
15 graduation.
16 7. Career and technical Vocational curriculum
17 articulation with corresponding postsecondary programs in the
18 local area technical center or community college, or both.
19 Section 12. Section 446.609, Florida Statutes, is
20 amended to read:
21 446.609 Jobs for Florida's Graduates Act.--
22 (1) SHORT TITLE.--This section may be cited as the
23 "Jobs for Florida's Graduates Act."
24 (2) DEFINITIONS.--For the purposes of this section:
25 (a) "Board" means the board of directors of the
26 Florida Endowment Foundation for Florida's Graduates.
27 (b) "Department" means the Department of Education.
28 (c) "Endowment fund" means an account established
29 within the Florida Endowment Foundation for Florida's
30 Graduates to provide a continuing and growing source of
31 revenue for school-to-work transition efforts.
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SB 2004 First Engrossed
1 (d) "Foundation" means the Florida Endowment
2 Foundation for Florida's Graduates.
3 (e) "Operating account" means an account established
4 under paragraph (7)(8)(h) to carry out the purposes of this
5 section.
6 (3) LEGISLATIVE INTENT.--The Legislature recognizes
7 that it is in the best interest of the citizens of this state
8 that the state have a well-educated and skilled workforce to
9 be competitive in a changing economy. It is the intent of the
10 Legislature to meet the challenge of ensuring a skilled
11 workforce by creating a formal program to facilitate the
12 important school-to-work transition and to provide additional
13 funding to achieve this goal. Accordingly, the Legislature
14 finds and declares that:
15 (a) The purpose of this section is to broaden the
16 participation and funding potential for further significant
17 support for Florida students who are approaching the
18 transition from school to work.
19 (b) It is appropriate to encourage individual and
20 corporate support and involvement, as well as state support
21 and involvement, to promote employment opportunities for
22 Florida's students.
23 (4) PROGRAM.--There is hereby created, for an initial
24 5-year period, a school-to-work program to be known as Jobs
25 for Florida's Graduates which shall, during the initial 5-year
26 phase set forth in this section and except as otherwise
27 provided by law or by rule of the Department of Education, be
28 operated in accordance with the process and outcome standards
29 of Jobs for America's Graduates, Inc. To that end, the board
30 shall enter into a sponsoring agreement with Jobs for
31
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1 America's Graduates, Inc., to carry out the Jobs for America's
2 Graduates model within the state.
3 (a) During the first year of operation, the Jobs for
4 Florida's Graduates Program shall be operated in not less than
5 25 nor more than 50 high schools in the state to be chosen by
6 the board. The goal of the program shall be to have a minimum
7 of 300 high schools participating in the program by the end of
8 the 2001-2002 school year.
9 (b) The schools chosen by the board to participate in
10 the program must represent a demographically balanced sample
11 population, include both urban and rural schools, and be
12 comprised of schools, including charter schools, in all
13 geographic areas of the state. Each school selected to
14 participate shall enter into a formal written agreement with
15 the board which, at a minimum, details the responsibilities of
16 each party and the process and outcome goals of the initial
17 5-year Jobs for Florida's Graduates Program.
18 (c) Students shall be selected and approved for
19 participation in the program by the educational institutions
20 in which they are enrolled, and such selection and approval
21 shall be based on their being classified as 12th grade at-risk
22 students pursuant to the Jobs for America's Graduates model.
23 (5) REVENUE FOR THE ENDOWMENT FUND.--
24 (a) An endowment fund is created as a long-term,
25 stable, growing source of revenue to be administered by the
26 foundation in accordance with rules promulgated by the
27 department.
28 (b) The principal of the endowment fund shall consist
29 of legislative appropriations that are made to the endowment
30 fund and bequests, gifts, grants, and donations as may be
31 solicited from public or private sources by the foundation.
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1 (c) The State Board of Administration shall invest and
2 reinvest moneys of the endowment fund principal in accordance
3 with the provisions of ss. 215.44-215.53. Interest and
4 investment income earned on the endowment fund principal shall
5 be annually transmitted to the foundation, based upon a fiscal
6 year which runs from July 1 through June 30, and shall be
7 deposited in the foundation's operating account for
8 distribution as provided in this section.
9 (5)(6) THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S
10 GRADUATES.--
11 (a) The Florida Endowment Foundation for Florida's
12 Graduates is created as a direct-support organization of the
13 Department of Education to encourage public and private
14 support to enhance school-to-work transition. As a
15 direct-support organization, the foundation shall operate
16 under contract with the department and shall be:
17 1. A Florida corporation not for profit which is
18 incorporated under the provisions of chapter 617 and approved
19 by the Department of State.
20 2. Organized and operated exclusively to do the
21 following: raise funds; submit requests and receive grants
22 from the Federal Government, the state, private foundations,
23 and individuals; receive, hold, and administer property; and
24 make expenditures to or for the benefit of school-to-work
25 transition programs approved by the board of directors of the
26 foundation.
27 (b) As a direct-support organization, The foundation
28 shall:
29 1. Develop articles of incorporation.
30 2. Create a board of directors appointed by the
31 Commissioner of Education.
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1 3. Perform an annual financial and performance review
2 to determine if the foundation is operating in a manner
3 consistent with the goals of the Legislature in providing
4 assistance for school-to-work transitions.
5 4. Provide a mechanism for the reversion to the state
6 of moneys in the foundation and in any other funds and
7 accounts held in trust by the foundation if the foundation is
8 dissolved.
9 (6)(7) BOARD OF DIRECTORS.--The foundation shall be
10 administered by a board of directors, as follows:
11 (a) The board shall consist of at least 15 members a
12 majority of which shall. At least 9 of the 15 members must be
13 from the private sector, and the remaining members may be from
14 the public sector. Among the public sector members,
15 representation shall come from secondary education, vocational
16 education, and job-training programs such as Job Education
17 Partnership. The chair shall may be from either the private
18 sector or the public sector.
19 (b) All members shall have an interest in
20 school-to-work transition and, insofar as is practicable,
21 shall:
22 1. Have skills in foundation work or other fundraising
23 activities, financial consulting, or investment banking or
24 other related experience; or
25 2. Have experience in policymaking or senior
26 management level positions or have distinguished themselves in
27 the fields of education, business, or industry.
28 (c) Initially, the chair and all board members shall
29 be appointed by the Commissioner of Education. Effective July
30 1, 2001, all reappointments shall be made by a membership
31 committee comprised of current board members.
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1 1. The chair shall be appointed for a term of 2 years
2 and may be reappointed. However, no chair may serve more than
3 6 consecutive years.
4 2. Board members shall serve for 3-year terms or
5 until resignation or removal for cause, except that members
6 appointed to serve initial terms shall be appointed for
7 staggered terms of 1, 2, and 3 years, respectively.
8 (d) In the event of a vacancy on the board caused by
9 an occurrence other than the expiration of a term, a new
10 member shall be appointed.
11 (e) Each member is accountable to the Commissioner of
12 Education for the proper performance of the duties of office.
13 The commissioner may remove any member from office for
14 malfeasance, misfeasance, neglect of duty, incompetence, or
15 permanent inability to perform official duties or for pleading
16 nolo contendere to, or being found guilty of, a crime.
17 (7)(8) ORGANIZATION, POWERS, AND DUTIES.--Within the
18 limits prescribed in this section or by rule of the
19 department:
20 (a) Upon appointment, the board shall meet and
21 organize. Thereafter, the board shall hold such meetings as
22 are necessary to implement the provisions of this section and
23 shall conduct its business in accordance with rules
24 promulgated by the department.
25 (b) The board may solicit and receive bequests, gifts,
26 grants, donations, goods, and services. When gifts are
27 restricted as to purpose, they may be used only for the
28 purpose or purposes stated by the donor.
29 (c) The board may enter into contracts with the
30 Federal Government, state or local agencies, private entities,
31 or individuals to carry out the purposes of this section.
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1 (d) The board may identify, initiate, and fund Jobs
2 for Florida's Graduates programs to carry out the purposes of
3 this section.
4 (e) The board may make gifts or grants:
5 1. To the state, or any political subdivision thereof,
6 or any public agency of state or local government.
7 2. To a corporation, trust, association, or foundation
8 organized and operated exclusively for charitable,
9 educational, or scientific purposes.
10 3. To the department for purposes of program
11 recognition and marketing, public relations and education,
12 professional development, and technical assistance and
13 workshops for grant applicants and recipients and the business
14 community.
15 (f) The board may advertise and solicit applications
16 for funding and shall evaluate applications and program
17 proposals submitted thereto.
18 (g) The board shall monitor, review, and annually
19 evaluate funded programs to determine whether funding should
20 be continued, terminated, reduced, or increased.
21 (h) The board shall establish an operating account for
22 the deposit of funds to be used in carrying out the purposes
23 of this section.
24 (i) The board shall operate the Jobs for Florida's
25 Graduates Program in such a way, and shall recommend to the
26 Department of Education the adoption of such rules as may be
27 necessary, to ensure that the following outcome goals are met:
28 1. In year 1:
29 a. The statewide graduation rates, or GED test
30 completion rates, of participants in the Jobs for Florida's
31 Graduates Program shall be at least 82 percent by June 30
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1 March 31 of the year following the end of the academic year in
2 which the participants' respective high school classes
3 graduated.
4 b. By June 30 March 31 of the year following the end
5 of the academic year in which the participants' respective
6 high school classes graduated, 70 to 75 percent of graduated
7 working participants in the Jobs for Florida's Graduates
8 Program shall be employed full time a minimum of 40 hours per
9 week in the civilian sector or the military or enrolled in
10 postsecondary training education, or any combination of these
11 that together are equivalent to full time 40 hours per week.
12 c. By June 30 March 31 of the year following the end
13 of the academic year in which the participants' respective
14 high school classes graduated, the average wage of graduated
15 participants in the Jobs for Florida's Graduates Program who
16 are working shall be at or above the national average wage for
17 all participants in programs affiliated with Jobs for
18 America's Graduates, Inc.
19 2. In year 2:
20 a. The statewide graduation rates, or GED test
21 completion rates, of participants in the Jobs for Florida's
22 Graduates Program shall be at least 85 percent by June 30
23 March 31 of the year following the end of the academic year in
24 which the participants' respective high school classes
25 graduated.
26 b. By June 30 March 31 of the year following the end
27 of the academic year in which the participants' respective
28 high school classes graduated, 75 to 78 percent of graduated
29 working participants in the Jobs for Florida's Graduates
30 Program shall be employed full time a minimum of 40 hours per
31 week in the civilian sector or the military or enrolled in
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SB 2004 First Engrossed
1 postsecondary training education, or any combination of these
2 that together are equivalent to full time 40 hours per week.
3 c. By June 30 March 31 of the year following the end
4 of the academic year in which the participants' respective
5 high school classes graduated, the average wage of graduated
6 participants in the Jobs for Florida's Graduates Program who
7 are working shall be at or above the national average wage for
8 all participants in programs affiliated with Jobs for
9 America's Graduates, Inc.
10 3. In years 3 through 5:
11 a. The statewide graduation rates, or GED test
12 completion rates, of participants in the Jobs for Florida's
13 Graduates Program shall be at least 90 percent by June 30
14 March 31 of the year following the end of the academic year in
15 which the participants' respective high school classes
16 graduated.
17 b. By June 30 March 31 of the year following the end
18 of the academic year in which the participants' respective
19 high school classes graduated, 80 percent of graduated working
20 participants in the Jobs for Florida's Graduates Program shall
21 be employed full time a minimum of 40 hours per week in the
22 civilian sector or the military or enrolled in postsecondary
23 training education, or any combination of these that together
24 are equivalent to full time 40 hours per week.
25 c. By June 30 March 31 of the year following the end
26 of the academic year in which the participants' respective
27 high school classes graduated, the average wage of graduated
28 participants in the Jobs for Florida's Graduates Program who
29 are working shall be at or above the national average wage for
30 all participants in programs affiliated with Jobs for
31 America's Graduates, Inc.
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1 (j) The board may take such additional actions,
2 including independently organizing and conducting hiring
3 practices, as are deemed necessary and appropriate to
4 administer the provisions of this section. To the maximum
5 extent possible, the board shall hire Jobs for Florida's
6 Graduates Program staff who operate in selected schools to
7 fill necessary staff positions and shall provide for salary,
8 benefits, discipline, evaluation, or discharge according to a
9 contractual agreement. These positions shall not be state
10 employee positions.
11 (9) DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND
12 PRINCIPAL.--The board shall use the moneys in the operating
13 account, by whatever means, to provide for:
14 (a) Planning, research, and policy development for
15 issues related to school-to-work transition and publications
16 and dissemination of such information as may serve the
17 objectives of this section.
18 (b) Promotion of initiatives for school-to-work
19 transition.
20 (c) Funding of programs which engage in, contract for,
21 foster, finance, or aid in job training and counseling for
22 school-to-work transition research, education, or
23 demonstration, or other related activities.
24 (d) Funding of programs which engage in, contract for,
25 foster, finance, or aid in activities designed to advance
26 better public understanding and appreciation of the
27 school-to-work transition.
28 (10) STARTUP FUNDING.--Notwithstanding any provision
29 of this section to the contrary, in order to provide for first
30 year startup funds, 50 percent of the money allocated during
31 the 12-month period beginning July 1, 1998, shall not be
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SB 2004 First Engrossed
1 available for investment by the State Board of Administration,
2 but shall be transmitted quarterly to the foundation board and
3 shall be available to the foundation for the purposes set
4 forth in this section.
5 (8)(11) ACCREDITATION.--During the initial 5-year
6 period, The board shall request and contract with the national
7 accreditation process of Jobs for America's Graduates, Inc.,
8 to ensure the viability and efficacy of the individual
9 school-based Jobs for Florida's Graduates programs in the
10 state.
11 (9)(12) ANNUAL AUDIT.--The board shall cause an annual
12 audit of the foundation's financial accounts to be conducted
13 by an independent certified public accountant in accordance
14 with rules adopted by the department. The annual audit report
15 shall be submitted to the Auditor General and the department
16 for review. The Auditor General and the department may
17 require and receive from the foundation, or from its
18 independent auditor, any relevant detail or supplemental data.
19 (10)(13) ASSESSMENT OF PROGRAM RESULTS.--The success
20 of the Jobs for Florida's Graduates Program shall be assessed
21 as follows:
22 (a) No later than November 1 of each year of the Jobs
23 for Florida's Graduates Program, Jobs for America's Graduates,
24 Inc., shall conduct and deliver to the Office of Program
25 Policy Analysis and Government Accountability a full review
26 and report of the program's activities. The Office of Program
27 Policy Analysis and Government Accountability shall audit and
28 review the report and deliver the report, along with its
29 analysis and any recommendations for expansion, curtailment,
30 modification, or continuation, to the board not later than
31 December 31 of the same year.
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1 (b) Beginning in the first year of the Jobs for
2 Florida's Graduates Program, the Division of Economic and
3 Demographic Research of the Joint Legislative Management
4 Committee shall undertake, during the initial phase, an
5 ongoing longitudinal study of participants to determine the
6 overall efficacy of the program. The division shall transmit
7 its findings each year to the Office of Program Policy
8 Analysis and Government Accountability for inclusion in the
9 report provided for in paragraph (a).
10 (11)(14) ANNUAL REPORT.--The board shall issue a
11 report to the Governor, the President of the Senate, the
12 Speaker of the House of Representatives, and the Commissioner
13 of Education by March 1, 2000, and each year thereafter,
14 summarizing the performance of the endowment fund for the
15 previous fiscal year and the foundation's fundraising
16 activities and performance and detailing those activities and
17 programs supported by the earnings on the endowment principal
18 or by bequests, gifts, grants, donations, and other valued
19 goods and services received.
20 (12)(15) RULES.--The department shall adopt promulgate
21 rules to implement for the implementation of this section.
22 Section 13. The State Board of Administration shall
23 transfer all principal and interest in the endowment fund, as
24 defined in s. 446.609, Florida Statutes, to the Board of
25 Directors of the Florida Endowment Foundation for Florida's
26 Graduates to be used for the Jobs for Florida's Graduates
27 Program as provided by law.
28 Section 14. Section 3 of chapter 98-218, Laws of
29 Florida, is repealed.
30 Section 15. This act shall take effect July 1, 2001.
31
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