Senate Bill sb1914c2

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    Florida Senate - 2003                    CS for CS for SB 1914

    By the Committees on Governmental Oversight and Productivity;
    Education; and Senator Bennett




    302-2313-03

  1                      A bill to be entitled

  2         An act relating to career and technical

  3         education; providing legislative intent;

  4         requiring career and technical education

  5         programs within a comprehensive high school

  6         program of study to be industry certified;

  7         requiring State Board of Education rules for

  8         the certification process; providing full-time

  9         equivalent student funding for student

10         enrollment; requiring articulation with

11         postsecondary programs; providing academic

12         requirements for students enrolled in career

13         and technical education programs; providing for

14         a career and technical education endorsement on

15         a high school diploma and incentive funding to

16         school districts for students receiving the

17         endorsement; providing professional development

18         programs for guidance counselors and career

19         specialists; amending s. 1003.491, F.S.;

20         providing certain responsibilities for district

21         school boards and superintendents; amending s.

22         1011.62, F.S., relating to the Florida

23         Education Finance Program; providing for

24         funding of career and technical education

25         programs; revising a program group; providing

26         incentive funding for attainment of high school

27         career and technical education endorsements as

28         a categorical program; amending s. 1012.01,

29         F.S.; revising a personnel classification

30         title; requiring a study by the Office of

31         Program Policy Analysis and Government

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1         Accountability; amending s. 1002.34, F.S.;

 2         allowing charter technical career sponsors to

 3         submit full-time-enrollment membership data as

 4         defined in the charter agreement; providing

 5         effective dates.

 6  

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

 8  

 9         Section 1.  (1)  The Legislature intends to ensure that

10  all high schools provide supportive services to students and

11  their parents to determine the comprehensive program of study

12  that will best meet the needs and goals of each student. At a

13  minimum, these services must include access to a guidance

14  counselor and assistance in developing an educational and

15  career plan. Each high school shall provide a variety of

16  comprehensive, relevant programs of study that will meet the

17  needs of all students and enable each student to pursue his or

18  her individual educational and career goals.

19         (2)  Key components of this process are:

20         (a)  A variety of programs of study that are based on

21  individual educational and career goals.

22         (b)  Parental involvement in the identification of the

23  appropriate program of study.

24         (c)  Assurance that all programs of study are designed

25  to provide a seamless transition to appropriate postsecondary

26  education and employment.

27         Section 2.  (1)  A career and technical education

28  program within a comprehensive high school program of study

29  must be certified by the appropriate industry to ensure that

30  all components of the program are relevant and appropriate to

31  

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1  prepare the student for further education and employment in

 2  that industry.

 3         (2)  Effective July 1, 2008, each career and technical

 4  education program that prepares students for postsecondary

 5  education and employment and is offered as part of a

 6  comprehensive program of study in a high school must be

 7  industry certified, except for courses classified as

 8  exploratory, orientation, or practical arts. A student

 9  enrolled in a course within a career and technical education

10  program that is not industry certified may not be reported for

11  full-time equivalent funding through the Florida Education

12  Finance Program unless the course is classified as

13  exploratory, orientation, or practical arts. The Department of

14  Education shall ensure that each program is certified by July

15  1, 2008, and recertified at least every 5 years thereafter.

16  The State Board of Education shall adopt rules pursuant to

17  sections 120.536(1) and 120.54, Florida Statutes, for

18  implementing the certification process, which rules must

19  establish any necessary procedures for obtaining appropriate

20  business partners and requirements for business and industry

21  involvement in curriculum oversight and equipment procurement.

22         (3)  Subject to appropriation, it shall be the

23  objective of this act to have each full-time equivalent

24  student in an industry-certified career and technical

25  education program generate a cost factor as a fraction or a

26  multiple of that provided students enrolled in the basic

27  program for grades 9-12, as determined by the studies provided

28  in sections 3 and 8 of this act.

29         (4)  Effective July 1, 2008, each career and technical

30  education program offered by a high school and able to be

31  articulated to a postsecondary level must have an articulation

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1  agreement with one or more appropriate postsecondary

 2  educational institutions to ensure a seamless transition to a

 3  related postsecondary program without a loss of credit for the

 4  student. Students enrolled in a program that is not

 5  articulated to a postsecondary program may not be reported for

 6  full-time equivalent student funding through the Florida

 7  Education Finance Program unless the course is classified as

 8  exploratory, orientation, or practical arts or terminates at

 9  the high school level.

10         Section 3.  (1)  A comprehensive program of study in

11  career and technical education must be designed to ensure that

12  upon completion of the program of study and graduation from

13  high school, a student is prepared to continue his or her

14  education at a postsecondary educational institution and

15  obtain employment. Therefore, a comprehensive career and

16  technical education program of study must require of each

17  student:

18         (a)  Completion of academic courses with a designation

19  from the Department of Education of level two or above. All

20  credits earned to meet graduation requirements in mathematics,

21  science, and communication must have that designation.

22         (b)  Attainment of at least one occupational completion

23  point in an industry-certified career and technical education

24  program or completion of at least two courses in a technology

25  education program.

26         (c)  Completion of a one-credit core course addressing

27  workplace readiness skills. The State Board of Education shall

28  define by rule the content of the course and shall ensure that

29  the course meets graduation requirements for performing fine

30  arts or practical arts. The course requirement may be

31  

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1  satisfied by infusing course content into an existing select

 2  career and technical education course.

 3         (d)  Participation in work-based learning experiences,

 4  as defined by rule by the State Board of Education.

 5         (e)  Participation in a capstone activity that includes

 6  a project related to a career. This activity is designed to

 7  apply and demonstrate the competencies and concepts attained

 8  in the student's program of study. The State Board of

 9  Education may specify by rule characteristics of capstone

10  activities that meet the intent of this paragraph.

11         (2)  A student who fulfills the following requirements

12  may be recognized with a career and technical education

13  endorsement on his or her high school diploma:

14         (a)  Completion of the requirements for high school

15  graduation as provided in section 1003.43, Florida Statutes,

16  and the additional requirements for a comprehensive career and

17  technical education program of study provided in subsection

18  (1).

19         (b)  Passing of the college entry-level placement test

20  or an equivalent test identified by the Department of

21  Education with a score adequate to enroll in a public

22  postsecondary educational program without the need for college

23  preparatory or vocational preparatory instruction.

24         (3)  The career and technical education endorsement

25  indicates that the student is prepared to continue into

26  postsecondary education without the need for remediation and

27  that the student has marketable employment skills. The State

28  Board of Education may adopt by rule a standard format for the

29  endorsement.

30         (4)  For each student who receives the career and

31  technical education endorsement on his or her high school

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1  diploma, the school district shall receive incentive funding

 2  as provided in section 1011.62, Florida Statutes, and the

 3  annual General Appropriations Act.

 4         (5)  A school district that generates funds as a result

 5  of industry-certified programs or incentive funding for

 6  student achievement of the career and technical education

 7  endorsement on the high school diploma must expend the total

 8  amount on the comprehensive career and technical education

 9  program of study. The school district may not apply indirect

10  charges to incentive funds earned.

11         Section 4.  The Legislature finds that to adequately

12  assist students in advanced technical and academic career

13  planning, high school guidance counselors and career

14  specialists require preservice and inservice professional

15  development programs that contain sufficient information on

16  career education.

17         (1)  Each guidance counselor and career specialist in a

18  school with an industry-certified career and technical

19  education program shall complete 12 hours of inservice

20  training in career and technical education for every 5-year

21  period. The inservice training shall include:

22         (a)  An emphasis on labor market trends and

23  projections.

24         (b)  A practicum that focuses on development of a

25  career awareness program.

26         (c)  Content related to a career or employment within a

27  guidance counselor's work experience.

28         (2)  The Department of Education shall assist guidance

29  counselors and career specialists in attaining the additional

30  inservice training required. The State Board of Education

31  shall revise rules governing the certification and

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1  recertification of guidance counselors to allow substitution

 2  of personal work-based experiences and temporary employment

 3  opportunities in business and industry for the required

 4  classroom instruction.

 5         (3)  The Legislature encourages colleges of education

 6  to provide for additional coursework required pursuant to this

 7  section without increasing the total number of credit hours

 8  needed to complete a program. Instead, the colleges are

 9  encouraged to infuse course content into courses required for

10  introduction, theory, and practicum.

11         Section 5.  Subsection (1) of section 1003.491, Florida

12  Statutes, is amended to read:

13         1003.491  Career and technical education.--

14         (1)  Each district school board and superintendent

15  shall direct the smooth transition of high school career and

16  technical education programs to industry-certified programs of

17  study included in a comprehensive course of study. Each

18  district school board and superintendent shall also direct the

19  implementation of all components required to obtain the career

20  and technical education endorsement on the high school diploma

21  if the school district chooses to offer the endorsement.

22  School board, superintendent, and school accountability for

23  career and technical education within elementary and secondary

24  schools includes, but is not limited to:

25         (a)  Student exposure to a variety of careers and

26  provision of instruction to explore specific careers in

27  greater depth.

28         (b)  Student awareness of available career and

29  technical programs and the corresponding occupations into

30  which such programs lead.

31         (c)  Student development of individual career plans.

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 1         (d)  Integration of academic and career and technical

 2  skills in the secondary curriculum.

 3         (e)  Student preparation to enter the workforce and

 4  enroll in postsecondary education without being required to

 5  complete college preparatory or vocational preparatory

 6  instruction.

 7         (f)  Student retention in school through high school

 8  graduation.

 9         (g)  Career and technical education curriculum

10  articulation with corresponding postsecondary programs in the

11  local area technical center or community college, or both.

12         Section 6.  Paragraphs (c) and (d) of subsection (1) of

13  section 1011.62, Florida Statutes, are amended, paragraphs (k)

14  through (r) of that subsection are redesignated as paragraphs

15  (l) through (s), respectively, a new paragraph (k) is added to

16  that subsection, and paragraph (a) of subsection (5) of that

17  section is amended, to read:

18         1011.62  Funds for operation of schools.--If the annual

19  allocation from the Florida Education Finance Program to each

20  district for operation of schools is not determined in the

21  annual appropriations act or the substantive bill implementing

22  the annual appropriations act, it shall be determined as

23  follows:

24         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

25  OPERATION.--The following procedure shall be followed in

26  determining the annual allocation to each district for

27  operation:

28         (c)  Determination of programs.--Cost factors based on

29  desired relative cost differences between the following

30  programs shall be established in the annual General

31  Appropriations Act. An industry-certified secondary career and

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1  technical education program shall generate funding as provided

 2  in paragraph (k). Effective July 1, 2008, a full-time

 3  equivalent student in a career and technical education program

 4  that is not industry certified shall not generate any state

 5  funding unless the student is in a course classified as

 6  exploratory, orientation, or practical arts and the General

 7  Appropriations Act contains a cost factor for such course. The

 8  Commissioner of Education shall specify a matrix of services

 9  and intensity levels to be used by districts in the

10  determination of the two weighted cost factors for exceptional

11  students with the highest levels of need. For these students,

12  the funding support level shall fund the exceptional students'

13  education program, with the exception of extended school year

14  services for students with disabilities.

15         1.  Basic programs.--

16         a.  Kindergarten and grades 1, 2, and 3.

17         b.  Grades 4, 5, 6, 7, and 8.

18         c.  Grades 9, 10, 11, and 12.

19         2.  Programs for exceptional students.--

20         a.  Support Level IV.

21         b.  Support Level V.

22         3.  Secondary career and technical education programs

23  that are industry certified.--

24         4.  Secondary career and technical education programs

25  that are not industry certified.--

26         5.4.  English for Speakers of Other Languages.--

27         (d)  Annual allocation calculation.--

28         1.  The Department of Education shall is authorized and

29  directed to review all district programs and enrollment

30  projections and calculate a maximum total weighted full-time

31  

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1  equivalent student enrollment for each district for the K-12

 2  FEFP.

 3         2.  Maximum enrollments calculated by the department

 4  shall be derived from enrollment estimates used by the

 5  Legislature to calculate the FEFP. If two or more districts

 6  enter into an agreement under the provisions of s.

 7  1001.42(4)(d), after the final enrollment estimate is agreed

 8  upon, the amount of FTE specified in the agreement, not to

 9  exceed the estimate for the specific program as identified in

10  paragraph (c), may be transferred from the participating

11  districts to the district providing the program.

12         3.  As part of its calculation of each district's

13  maximum total weighted full-time equivalent student

14  enrollment, the department shall establish separate enrollment

15  ceilings for each of two program groups. Group 1 shall be

16  composed of basic programs for grades K-3, grades 4-8, and

17  grades 9-12. Group 2 shall be composed of students in

18  exceptional student education programs, English for Speakers

19  of Other Languages programs, and all career and technical

20  programs in grades 6-12 7-12.

21         a.  The weighted enrollment ceiling for group 2

22  programs shall be calculated by multiplying the final

23  enrollment conference estimate for each program by the

24  appropriate program weight. The weighted enrollment ceiling

25  for program group 2 shall be the sum of the weighted

26  enrollment ceilings for each program in the program group,

27  plus the increase in weighted full-time equivalent student

28  membership from the prior year for clients of the Department

29  of Children and Family Services and the Department of Juvenile

30  Justice.

31  

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1         b.  If, for any calculation of the FEFP, the weighted

 2  enrollment for program group 2, derived by multiplying actual

 3  enrollments by appropriate program weights, exceeds the

 4  enrollment ceiling for that group, the following procedure

 5  shall be followed to reduce the weighted enrollment for that

 6  group to equal the enrollment ceiling:

 7         (I)  The weighted enrollment ceiling for each program

 8  in the program group shall be subtracted from the weighted

 9  enrollment for that program derived from actual enrollments.

10         (II)  If the difference calculated under

11  sub-sub-subparagraph (I) is greater than zero for any program,

12  a reduction proportion shall be computed for the program by

13  dividing the absolute value of the difference by the total

14  amount by which the weighted enrollment for the program group

15  exceeds the weighted enrollment ceiling for the program group.

16         (III)  The reduction proportion calculated under

17  sub-sub-subparagraph (II) shall be multiplied by the total

18  amount of the program group's enrollment over the ceiling as

19  calculated under sub-sub-subparagraph (I).

20         (IV)  The prorated reduction amount calculated under

21  sub-sub-subparagraph (III) shall be subtracted from the

22  program's weighted enrollment. For any calculation of the

23  FEFP, the enrollment ceiling for group 1 shall be calculated

24  by multiplying the actual enrollment for each program in the

25  program group by its appropriate program weight.

26         c.  For program group 2, the weighted enrollment

27  ceiling shall be a number not less than the sum obtained by:

28         (I)  Multiplying the sum of reported FTE for all

29  programs in the program group that have a cost factor of 1.0

30  or more by 1.0, and

31  

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    Florida Senate - 2003                    CS for CS for SB 1914
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 1         (II)  By adding this number to the sum obtained by

 2  multiplying the projected FTE for all programs with a cost

 3  factor less than 1.0 by the actual cost factor.

 4         4.  Following completion of the weighted enrollment

 5  ceiling calculation as provided in subparagraph 3., a

 6  supplemental capping calculation shall be employed for those

 7  districts that are over their weighted enrollment ceiling. For

 8  each such district, the total reported unweighted FTE

 9  enrollment for group 2 programs shall be compared with the

10  total appropriated unweighted FTE enrollment for group 2

11  programs. If the total reported unweighted FTE for group 2 is

12  greater than the appropriated unweighted FTE, then the excess

13  unweighted FTE up to the unweighted FTE transferred from group

14  2 to group 1 for each district by the Public School FTE

15  Estimating Conference shall be funded at a weight of 1.0 and

16  added to the funded weighted FTE computed in subparagraph 3.

17         (k)  Calculation of full-time equivalent membership for

18  an industry-certified career and technical education

19  program.--Subject to appropriation, it shall be the objective

20  of this act to have each full-time equivalent student in an

21  industry-certified career and technical education program

22  generate a cost factor as a fraction or a multiple of that

23  provided students enrolled in the basic program for grades

24  9-12, as determined by the studies provided in sections 3 and

25  8 of this act. A student who earns the career and technical

26  education endorsement on the high school diploma indicating

27  that he or she has completed the additional requirements for a

28  comprehensive career and technical education program of study

29  may generate additional incentive funding for the program, as

30  provided in subsection (5). During the transition from the

31  2003-2004 school year until July 1, 2008, all career and

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 1  technical education programs not industry certified or

 2  articulated to postsecondary educational institutions shall

 3  continue to earn weighted funding as determined in the General

 4  Appropriations Act.

 5         (5)  CATEGORICAL FUNDS.--

 6         (a)  In addition to the basic amount for current

 7  operations for the FEFP as determined in subsection (1), the

 8  Legislature may appropriate categorical funding for specified

 9  programs, activities, or purposes. Categorical funding may

10  include incentive funding for attainment of the career and

11  technical education endorsement on the high school diploma.

12         Section 7.  Paragraph (b) of subsection (2) of section

13  1012.01, Florida Statutes, is amended to read:

14         1012.01  Definitions.--Specific definitions shall be as

15  follows, and wherever such defined words or terms are used in

16  the Florida K-20 Education Code, they shall be used as

17  follows:

18         (2)  INSTRUCTIONAL PERSONNEL.--"Instructional

19  personnel" means any staff member whose function includes the

20  provision of direct instructional services to students.

21  Instructional personnel also includes personnel whose

22  functions provide direct support in the learning process of

23  students. Included in the classification of instructional

24  personnel are:

25         (b)  Student personnel services.--Student personnel

26  services include staff members responsible for: advising

27  students with regard to their abilities and aptitudes,

28  educational and occupational opportunities, and personal and

29  social adjustments; providing placement services; performing

30  educational evaluations; and similar functions. Included in

31  this classification are guidance counselors, social workers,

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 1  career occupational/placement specialists, and school

 2  psychologists.

 3         Section 8.  The Office of Program Policy Analysis and

 4  Government Accountability shall conduct a study to determine

 5  if career and technical education programs should have

 6  differentiated funding weights, which study shall be completed

 7  by January 1, 2004.

 8         Section 9.  Subsection (11) of section 1002.34, Florida

 9  Statutes, is amended to read:

10         1002.34  Charter technical career centers.--

11         (11)  FUNDING.--

12         (a)  Notwithstanding any other provision of law, a

13  charter technical career center's student membership

14  enrollment must be calculated pursuant to this section.

15         (b)(a)  Each district school board and community

16  college that sponsors a charter technical career center shall

17  pay directly to the center an amount stated in the charter.

18  State funding shall be generated for the center for its

19  student enrollment and program outcomes as provided in law.  A

20  center is eligible for funding from the Florida Workforce

21  Development Education Fund, the Florida Education Finance

22  Program, and the Community College Program Fund, depending

23  upon the programs conducted by the center.

24         (c)(b)  A center may receive other state and federal

25  aid, grants, and revenue through the district school board or

26  community college board of trustees.

27         (d)(c)  A center may receive gifts and grants from

28  private sources.

29         (e)(d)  A center may not levy taxes or issue bonds, but

30  it may charge a student tuition fee consistent with authority

31  granted in its charter and permitted by law.

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 1         (f)(e)  A center shall provide for an annual financial

 2  audit in accordance with s. 218.39.

 3         (g)  A center must define in the charter agreement the

 4  delivery system in which the instructional offering of

 5  educational services will be placed. The rules governing this

 6  provider educational delivery system must be applied to all of

 7  the center's students and must authorize all other sponsoring

 8  educational systems to report required enrollment and student

 9  data as necessary, relying solely on the documentation

10  required of the instructional provider sponsor. The

11  educational system sponsors may submit their comparable data

12  based solely on the rules of the offering institution, and

13  each sponsor will earn full-time-equivalent membership for

14  each student for funding and reporting purposes.

15         (f)  A center must provide instruction for at least the

16  number of days required by law for other public schools or

17  community colleges, as appropriate, and may provide

18  instruction for additional days.

19         Section 10.  Except as otherwise provided in this act,

20  this act shall take effect July 1, 2003.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                          CS for SB 1914

24                                 

25  The CS for CS for SB 1914 reduces the fiscal impact of the
    bill by making all changes to the program of career education
26  contingent upon appropriation and removing specific references
    to program weights. The funding issues will be subject to two
27  studies commissioned in the report, the findings of which will
    affect the subsequent setting of the funding policy.
28  

29  

30  

31  

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