HB 0191 2003
   
1 A bill to be entitled
2         An act relating to career and technical education;
3   providing legislative intent; requiring career and
4   technical education programs within a comprehensive high
5   school program of study to be industry certified;
6   requiring State Board of Education rules for the
7   certification process; providing full-time equivalent
8   student funding for student enrollment; requiring
9   articulation with postsecondary programs; providing
10   academic requirements for students enrolled in career and
11   technical education programs; providing for a career and
12   technical education endorsement on a high school diploma
13   and incentive funding to school districts for students
14   receiving the endorsement; providing professional
15   development programs for guidance counselors and career
16   specialists; amending s. 1003.491, F.S.; providing certain
17   responsibilities for district school boards and
18   superintendents; amending s. 1011.62, F.S., relating to
19   the Florida Education Finance Program; providing for
20   funding of career and technical education programs;
21   revising a program group; providing incentive funding for
22   attainment of high school career and technical education
23   endorsements as a categorical program; amending s.
24   1012.01, F.S.; revising a personnel classification title;
25   requiring a study by the Office of Program Policy Analysis
26   and Government Accountability; providing effective dates.
27         
28         Be It Enacted by the Legislature of the State of Florida:
29         
30         Section 1.(1) The Legislature intends to ensure that all
31   high schools provide supportive services to students and their
32   parents to determine the comprehensive program of study that
33   will best meet the needs and goals of each student. At a
34   minimum, these services must include access to a guidance
35   counselor and assistance in developing an educational and career
36   plan. Each high school shall provide a variety of comprehensive,
37   relevant programs of study that will meet the needs of all
38   students and enable each student to pursue his or her individual
39   educational and career goals.
40         (2) Key components of this process are:
41         (a) A variety of programs of study that are based on
42   individual educational and career goals.
43         (b) Parental involvement in the identification of the
44   appropriate program of study.
45         (c) Assurance that all programs of study are designed to
46   provide a seamless transition to appropriate postsecondary
47   education and employment.
48         Section 2.(1) A career and technical education program
49   within a comprehensive high school program of study must be
50   certified by the appropriate industry to ensure that all
51   components of the program are relevant and appropriate to
52   prepare the student for further education and employment in that
53   industry.
54         (2) Effective July 1, 2008, each career and technical
55   education program that prepares students for postsecondary
56   education and employment and is offered as part of a
57   comprehensive program of study in a high school must be industry
58   certified, except for courses classified as exploratory,
59   orientation, or practical arts. A student enrolled in a course
60   within a career and technical education program that is not
61   industry certified may not be reported for full-time equivalent
62   funding through the Florida Education Finance Program unless the
63   course is classified as exploratory, orientation, or practical
64   arts. The Department of Education shall ensure that each program
65   is certified by July 1, 2008, and recertified at least every 5
66   years thereafter. The State Board of Education shall adopt rules
67   pursuant to ss. 120.536(1) and 120.54, Florida Statutes, for
68   implementing the certification process, which rules must
69   establish any necessary procedures for obtaining appropriate
70   business partners and requirements for business and industry
71   involvement in curriculum oversight and equipment procurement.
72         (3) Each full-time equivalent student in an industry-
73   certified career and technical education program shall generate
74   1.5 times the cost factor for students enrolled in the basic
75   program for grades 9-12, as provided in s. 1011.62, Florida
76   Statutes, and the annual General Appropriations Act.
77         (4) Effective July 1, 2008, each career and technical
78   education program offered by a high school and able to be
79   articulated to a postsecondary level must have an articulation
80   agreement with one or more appropriate postsecondary educational
81   institutions to ensure a seamless transition to a related
82   postsecondary program without a loss of credit for the student.
83   Students enrolled in a program that is not articulated to a
84   postsecondary program may not be reported for full-time
85   equivalent student funding through the Florida Education Finance
86   Program unless the course is classified as exploratory,
87   orientation, or practical arts or terminates at the high school
88   level.
89         Section 3.(1) A comprehensive program of study in career
90   and technical education must be designed to ensure that upon
91   completion of the program of study and graduation from high
92   school, a student is prepared to continue his or her education
93   at a postsecondary educational institution and obtain
94   employment. Therefore, a comprehensive career and technical
95   education program of study must require of each student:
96         (a) Completion of academic courses with a designation from
97   the Department of Education of level two or above. All credits
98   earned to meet graduation requirements in mathematics, science,
99   and communication must have that designation.
100         (b) Attainment of at least one occupational completion
101   point in an industry-certified career and technical education
102   program or completion of at least two courses in a technology
103   education program.
104         (c) Completion of a one-credit core course addressing
105   workplace readiness skills. The State Board of Education shall
106   define by rule the content of the course and shall ensure that
107   the course meets graduation requirements for performing fine
108   arts or practical arts. The course requirement may be satisfied
109   by infusing course content into an existing select career and
110   technical education course.
111         (d) Participation in work-based learning experiences, as
112   defined by rule by the State Board of Education.
113         (e) Participation in a capstone activity that includes a
114   project related to a career. This activity is designed to apply
115   and demonstrate the competencies and concepts attained in the
116   student's program of study. The State Board of Education may
117   specify by rule characteristics of capstone activities that meet
118   the intent of this paragraph.
119         (2) A student who fulfills the following requirements may
120   be recognized with a career and technical education endorsement
121   on his or her high school diploma:
122         (a) Completion of the requirements for high school
123   graduation as provided in s. 1003.43, Florida Statutes, and the
124   additional requirements for a comprehensive career and technical
125   education program of study provided in subsection (1).
126         (b) Passing of the college entry-level placement test or
127   an equivalent test identified by the Department of Education
128   with a score adequate to enroll in a public postsecondary
129   educational program without the need for college preparatory or
130   vocational preparatory instruction.
131         (3) The career and technical education endorsement
132   indicates that the student is prepared to continue into
133   postsecondary education without the need for remediation and
134   that the student has marketable employment skills. The State
135   Board of Education may adopt by rule a standard format for the
136   endorsement.
137         (4) For each student who receives the career and technical
138   education endorsement on his or her high school diploma, the
139   school district shall receive incentive funding as provided in
140   s. 1011.62, Florida Statutes, and the annual General
141   Appropriations Act.
142         (5) A school district that generates funds as a result of
143   industry-certified programs or incentive funding for student
144   achievement of the career and technical education endorsement on
145   the high school diploma must expend the total amount on the
146   comprehensive career and technical education program of study.
147   The school district may not apply indirect charges to incentive
148   funds earned.
149         Section 4.The Legislature finds that to adequately assist
150   students in advanced technical and academic career planning,
151   high school guidance counselors and career specialists require
152   preservice and inservice professional development programs that
153   contain sufficient information on career education.
154         (1) Each guidance counselor and career specialist in a
155   school with an industry-certified career and technical education
156   program shall complete 12 hours of inservice training in career
157   and technical education for every 5-year period. The inservice
158   training shall include:
159         (a) An emphasis on labor market trends and projections.
160         (b) A practicum that focuses on development of a career
161   awareness program.
162         (c) Content related to a career or employment within a
163   guidance counselor's work experience.
164         (2) The Department of Education shall assist guidance
165   counselors and career specialists in attaining the additional
166   inservice training required. The State Board of Education shall
167   revise rules governing the certification and recertification of
168   guidance counselors to allow substitution of personal work-based
169   experiences and temporary employment opportunities in business
170   and industry for the required classroom instruction.
171         (3) The Legislature encourages colleges of education to
172   provide for additional coursework required pursuant to this
173   section without increasing the total number of credit hours
174   needed to complete a program. Instead, the colleges are
175   encouraged to infuse course content into courses required for
176   introduction, theory, and practicum.
177         Section 5. Subsection (1) of section 1003.491, Florida
178   Statutes, is amended to read:
179         1003.491 Career and technical education.—
180         (1)Each district school board and superintendent shall
181   direct the smooth transition of high school career and technical
182   education programs to industry-certified programs of study
183   included in a comprehensive course of study. Each district
184   school board and superintendent shall also direct the
185   implementation of all components required to obtain the career
186   and technical education endorsement on the high school diploma
187   if the school district chooses to offer the endorsement.School
188   board, superintendent, and school accountability for career and
189   technical education within elementary and secondary schools
190   includes, but is not limited to:
191         (a) Student exposure to a variety of careers and provision
192   of instruction to explore specific careers in greater depth.
193         (b) Student awareness of available career and technical
194   programs and the corresponding occupations into which such
195   programs lead.
196         (c) Student development of individual career plans.
197         (d) Integration of academic and career and technical
198   skills in the secondary curriculum.
199         (e) Student preparation to enter the workforce and enroll
200   in postsecondary education without being required to complete
201   college preparatory or vocational preparatory instruction.
202         (f) Student retention in school through high school
203   graduation.
204         (g) Career and technicaleducationcurriculum articulation
205   with corresponding postsecondary programs in the local area
206   technical center or community college, or both.
207         Section 6. Paragraphs (c) and (d) of subsection (1) of
208   section 1011.62, Florida Statutes, are amended, paragraphs (k)
209   through (r) of said subsection are redesignated as paragraphs
210   (l) through (s), respectively, a new paragraph (k) is added to
211   said subsection, and paragraph (a) of subsection (5) of said
212   section is amended, to read:
213         1011.62 Funds for operation of schools.—If the annual
214   allocation from the Florida Education Finance Program to each
215   district for operation of schools is not determined in the
216   annual appropriations act or the substantive bill implementing
217   the annual appropriations act, it shall be determined as
218   follows:
219         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
220   OPERATION.—The following procedure shall be followed in
221   determining the annual allocation to each district for
222   operation:
223         (c) Determination of programs.—Cost factors based on
224   desired relative cost differences between the following programs
225   shall be established in the annual General Appropriations Act.
226   An industry-certified secondary career and technical education
227   program shall generate funding as provided in paragraph (k).
228   Effective July 1, 2008, a full-time equivalent student in a
229   career and technical education program that is not industry
230   certified shall not generate any state funding unless the
231   student is in a course classified as exploratory, orientation,
232   or practical arts and the General Appropriations Act contains a
233   cost factor for such course.The Commissioner of Education shall
234   specify a matrix of services and intensity levels to be used by
235   districts in the determination of the two weighted cost factors
236   for exceptional students with the highest levels of need. For
237   these students, the funding support level shall fund the
238   exceptional students' education program, with the exception of
239   extended school year services for students with disabilities.
240         1. Basic programs.—
241         a. Kindergarten and grades 1, 2, and 3.
242         b. Grades 4, 5, 6, 7, and 8.
243         c. Grades 9, 10, 11, and 12.
244         2. Programs for exceptional students.—
245         a. Support Level IV.
246         b. Support Level V.
247         3. Secondary career and technical education programsthat
248   are industry certified.—
249         4. Secondary career and technical education programs that
250   are not industry certified.-
251         5.4.English for Speakers of Other Languages.—
252         (d) Annual allocation calculation.—
253         1. The Department of Educationshallis authorized and
254   directed toreview all district programs and enrollment
255   projections and calculate a maximum total weighted full-time
256   equivalent student enrollment for each district for the K-12
257   FEFP.
258         2. Maximum enrollments calculated by the department shall
259   be derived from enrollment estimates used by the Legislature to
260   calculate the FEFP. If two or more districts enter into an
261   agreement under the provisions of s. 1001.42(4)(d), after the
262   final enrollment estimate is agreed upon, the amount of FTE
263   specified in the agreement, not to exceed the estimate for the
264   specific program as identified in paragraph (c), may be
265   transferred from the participating districts to the district
266   providing the program.
267         3. As part of its calculation of each district's maximum
268   total weighted full-time equivalent student enrollment, the
269   department shall establish separate enrollment ceilings for each
270   of two program groups. Group 1 shall be composed of basic
271   programs for grades K-3, grades 4-8, and grades 9-12. Group 2
272   shall be composed of students in exceptional student education
273   programs, English for Speakers of Other Languages programs, and
274   all career and technical programs in grades6-127-12.
275         a. The weighted enrollment ceiling for group 2 programs
276   shall be calculated by multiplying the final enrollment
277   conference estimate for each program by the appropriate program
278   weight. The weighted enrollment ceiling for program group 2
279   shall be the sum of the weighted enrollment ceilings for each
280   program in the program group, plus the increase in weighted
281   full-time equivalent student membership from the prior year for
282   clients of the Department of Children and Family Services and
283   the Department of Juvenile Justice.
284         b. If, for any calculation of the FEFP, the weighted
285   enrollment for program group 2, derived by multiplying actual
286   enrollments by appropriate program weights, exceeds the
287   enrollment ceiling for that group, the following procedure shall
288   be followed to reduce the weighted enrollment for that group to
289   equal the enrollment ceiling:
290         (I) The weighted enrollment ceiling for each program in
291   the program group shall be subtracted from the weighted
292   enrollment for that program derived from actual enrollments.
293         (II) If the difference calculated under sub-sub-
294   subparagraph (I) is greater than zero for any program, a
295   reduction proportion shall be computed for the program by
296   dividing the absolute value of the difference by the total
297   amount by which the weighted enrollment for the program group
298   exceeds the weighted enrollment ceiling for the program group.
299         (III) The reduction proportion calculated under sub-sub-
300   subparagraph (II) shall be multiplied by the total amount of the
301   program group's enrollment over the ceiling as calculated under
302   sub-sub-subparagraph (I).
303         (IV) The prorated reduction amount calculated under sub-
304   sub-subparagraph (III) shall be subtracted from the program's
305   weighted enrollment. For any calculation of the FEFP, the
306   enrollment ceiling for group 1 shall be calculated by
307   multiplying the actual enrollment for each program in the
308   program group by its appropriate program weight.
309         c. For program group 2, the weighted enrollment ceiling
310   shall be a number not less than the sum obtained by:
311         (I) Multiplying the sum of reported FTE for all programs
312   in the program group that have a cost factor of 1.0 or more by
313   1.0, and
314         (II) By adding this number to the sum obtained by
315   multiplying the projected FTE for all programs with a cost
316   factor less than 1.0 by the actual cost factor.
317         4. Following completion of the weighted enrollment ceiling
318   calculation as provided in subparagraph 3., a supplemental
319   capping calculation shall be employed for those districts that
320   are over their weighted enrollment ceiling. For each such
321   district, the total reported unweighted FTE enrollment for group
322   2 programs shall be compared with the total appropriated
323   unweighted FTE enrollment for group 2 programs. If the total
324   reported unweighted FTE for group 2 is greater than the
325   appropriated unweighted FTE, then the excess unweighted FTE up
326   to the unweighted FTE transferred from group 2 to group 1 for
327   each district by the Public School FTE Estimating Conference
328   shall be funded at a weight of 1.0 and added to the funded
329   weighted FTE computed in subparagraph 3.
330         (k) Calculation of full-time equivalent membership for an
331   industry-certified career and technical education program.-
332   Funding for students enrolled in an industry-certified career
333   and technical education program is calculated at 1.5 times the
334   cost factor for students enrolled in the basic program for
335   grades 9-12 multiplied by the number of full-time equivalent
336   students in an industry-certified career and technical education
337   program. A student who earns the career and technical education
338   endorsement on the high school diploma indicating that he or she
339   has completed the additional requirements for a comprehensive
340   career and technical education program of study shall generate
341   additional incentive funding for the program, as provided in
342   subsection (5). During the transition from the 2003-2004 school
343   year until July 1, 2008, all career and technical education
344   programs not industry certified or articulated to postsecondary
345   educational institutions shall continue to earn weighted funding
346   as determined in the General Appropriations Act.
347         (5) CATEGORICAL FUNDS.—
348         (a) In addition to the basic amount for current operations
349   for the FEFP as determined in subsection (1), the Legislature
350   may appropriate categorical funding for specified programs,
351   activities, or purposes.Categorical funding shall include
352   incentive funding for attainment of the career and technical
353   education endorsement on the high school diploma.
354         Section 7. Paragraph (b) of subsection (2) of section
355   1012.01, Florida Statutes, is amended to read:
356         1012.01 Definitions.—Specific definitions shall be as
357   follows, and wherever such defined words or terms are used in
358   the Florida K-20 Education Code, they shall be used as follows:
359         (2) INSTRUCTIONAL PERSONNEL.—"Instructional personnel"
360   means any staff member whose function includes the provision of
361   direct instructional services to students. Instructional
362   personnel also includes personnel whose functions provide direct
363   support in the learning process of students. Included in the
364   classification of instructional personnel are:
365         (b) Student personnel services.—Student personnel services
366   include staff members responsible for: advising students with
367   regard to their abilities and aptitudes, educational and
368   occupational opportunities, and personal and social adjustments;
369   providing placement services; performing educational
370   evaluations; and similar functions. Included in this
371   classification are guidance counselors, social workers,career
372   occupational/placementspecialists, and school psychologists.
373         Section 8.The Office of Program Policy Analysis and
374   Government Accountability shall conduct a study to determine if
375   career and technical education programs should have
376   differentiated funding weights, which study shall be completed
377   by January 1, 2004.
378         Section 9. Except as otherwise provided herein, this act
379   shall take effect July 1, 2003.
380