Senate Bill sb2858
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Florida Senate - 2004 SB 2858
By Senator Bennett
21-1195-04
1 A bill to be entitled
2 An act relating to workforce development
3 funding; amending s. 1011.80, F.S.; revising
4 criteria for funding workforce development
5 programs; replacing performance-based funding
6 with funding based on workload plus
7 performance; requiring the Department of
8 Education to develop funding-allocation models
9 for community colleges and for school district
10 programs; deleting references to the Workforce
11 Development Education Fund; allowing certain
12 workload measures to be adjusted to account for
13 the length of program segments; requiring
14 workload estimates to be agreed upon by the
15 Education Estimating Conference and requiring
16 that funding for workload be added to base
17 funding on the basis of such estimates;
18 increasing the maximum percentage that base
19 funding may constitute of the total allocation
20 for workforce development programs for the
21 current fiscal year; requiring that the
22 calculation of certain performance incentives
23 be based on empirical evidence; providing
24 restrictions on base funding; providing for
25 allocation of the base funding; requiring local
26 educational agencies to return unused funds to
27 the state; requiring that, when a program moves
28 from one local educational agency to another,
29 the funds move to the new agency within a
30 specified period of time; providing an
31 effective date.
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Florida Senate - 2004 SB 2858
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1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Subsections (4), (5), (6), (8), and (9) of
4 section 1011.80, Florida Statutes, are amended, present
5 subsection (10) of that section is redesignated as subsection
6 (11), and a new subsection (10) is added to that section, to
7 read:
8 1011.80 Funds for operation of adult technical
9 education programs.--
10 (4) The Florida Workforce Development Education Fund
11 is created to provide Performance-based funding for all
12 workforce development programs, whether the programs are
13 offered by a school district or a community college, must be
14 provided on a workload plus performance basis. The Department
15 of Education shall develop for the 2005-2006 fiscal year an
16 allocation model for community colleges and an allocation
17 model for school district programs using a common set of
18 criteria. Funding for all workforce development education
19 programs must be from the Workforce Development Education Fund
20 and must be based on cost categories, performance output
21 measures, and performance outcome measures.
22 (a) The cost categories must be calculated to identify
23 high-cost programs, medium-cost programs, and low-cost
24 programs. The cost analysis used to calculate and assign a
25 program of study to a cost category must include at least both
26 direct and indirect instructional costs, consumable supplies,
27 equipment, and standard program length.
28 (a)(b)1. The workload performance output measure for
29 career and technical education programs of study is student
30 completion of a career and technical program of study that
31 leads to an occupational completion point associated with a
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Florida Senate - 2004 SB 2858
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1 certificate; an apprenticeship program; or a program that
2 leads to an applied technology diploma or an associate in
3 applied science or associate in science degree. Performance
4 output measures for registered apprenticeship programs shall
5 be based on program lengths that coincide with lengths
6 established pursuant to the requirements of chapter 446. The
7 workload measure for career and technical education programs
8 may be adjusted to account for program segment length.
9 2. The workload performance output measure for an
10 adult general education course of study is measurable
11 improvement in student skills. This measure shall include
12 improvement in literacy skills, grade level improvement as
13 measured by an approved test, or attainment of a State of
14 Florida diploma or an adult high school diploma. The workload
15 measure for adult general education programs may be adjusted
16 to account for program segment length.
17 (c) The performance outcome measures for workforce
18 development education programs funded through the Workforce
19 Development Education Fund are associated with placement and
20 retention of students after reaching a completion point or
21 completing a program of study. These measures include
22 placement or retention in employment that is related to the
23 program of study; placement into or retention in employment in
24 an occupation on the Workforce Estimating Conference list of
25 high-wage, high-skill occupations with sufficient openings, or
26 other High Wage/High Skill Program occupations as determined
27 by Workforce Florida, Inc.; and placement and retention of
28 participants or former participants in the welfare transition
29 program in employment. Continuing postsecondary education at a
30 level that will further enhance employment is a performance
31 outcome for adult general education programs. Placement and
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Florida Senate - 2004 SB 2858
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1 retention must be reported pursuant to ss. 1008.39 and
2 1008.43.
3 (5) State funding and student fees for workforce
4 development instruction funded through the Workforce
5 Development Education Fund shall be established as follows:
6 (a) For a continuing workforce education course, state
7 funding shall equal 50 percent of the cost of instruction,
8 with student fees, business support, quick-response training
9 funds, or other means making up the remaining 50 percent.
10 (b) For all other workforce development education
11 funded through the Workforce Development Education Fund, state
12 funding shall equal 75 percent of the average cost of
13 instruction with the remaining 25 percent made up from student
14 fees. Fees for courses within a program shall not vary
15 according to the cost of the individual program, but instead
16 shall be based on a uniform fee calculated and set at the
17 state level, as adopted by the State Board of Education,
18 unless otherwise specified in the General Appropriations Act.
19 (c) For fee-exempt students pursuant to s. 1009.25,
20 unless otherwise provided for in law, state funding shall
21 equal 100 percent of the average cost of instruction.
22 (6)(a) A school district or a community college that
23 provides workforce development education funded through the
24 Workforce Development Education Fund shall receive funds in
25 accordance with distributions for workload plus base and
26 performance funding established by the Legislature in the
27 General Appropriations Act, pursuant to the following
28 conditions:
29 1. A college's or district's base funding may shall
30 not exceed 90 85 percent of the current fiscal year total
31 Workforce Development Education Fund allocation for workforce
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1 development programs, which shall be distributed by the
2 Legislature in the General Appropriations Act based on a
3 maximum of 90 85 percent of the institution's prior year total
4 allocation from base and performance funds.
5 2. Workload estimates must be agreed upon by the
6 Education Estimating Conference. Funding for workload shall be
7 added to an institution's base funding based on these
8 estimates.
9 3.2. Performance funding shall be at least 10 15
10 percent of the current fiscal year total Workforce Development
11 Education Fund allocation for workforce development programs,
12 which shall be distributed by the Legislature in the General
13 Appropriations Act based on the previous fiscal year's
14 achievement of output and outcomes in accordance with formulas
15 adopted pursuant to subsection (9). Performance funding must
16 incorporate payments for at least three levels of placements
17 that reflect wages and workforce demand. Payments for
18 completions must not exceed 60 percent of the payments for
19 placement. School districts and community colleges shall be
20 awarded funds pursuant to this paragraph based on performance
21 output data and performance outcome data available in that
22 year.
23 4.3. If a local educational agency achieves a level of
24 performance sufficient to generate a full allocation as
25 authorized by the workforce development funding formula, the
26 agency may earn performance incentive funds as appropriated
27 for that purpose in a General Appropriations Act. If
28 performance incentive funds are funded and awarded, these
29 funds must be added to the local educational agency's prior
30 year total allocation for workforce development programs from
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1 the Workforce Development Education Fund and shall be used to
2 calculate the following year's base funding.
3 (b) A program is established to assist school
4 districts and community colleges in responding to the needs of
5 new and expanding businesses and thereby strengthening the
6 state's workforce and economy. The program may be funded in
7 the General Appropriations Act. A school district or community
8 college may expend funds under the program without regard to
9 performance criteria set forth in subparagraph (a)3. (a)2. The
10 district or community college shall use the program to provide
11 customized training for businesses which satisfies the
12 requirements of s. 288.047. Business firms whose employees
13 receive the customized training must provide 50 percent of the
14 cost of the training. Balances remaining in the program at the
15 end of the fiscal year shall not revert to the general fund,
16 but shall be carried over for 1 additional year and used for
17 the purpose of serving incumbent worker training needs of area
18 businesses with fewer than 100 employees. Priority shall be
19 given to businesses that must increase or upgrade their use of
20 technology to remain competitive.
21 (8) The State Board of Education and Workforce
22 Florida, Inc., shall provide the Legislature with recommended
23 formulas, criteria, timeframes, and mechanisms for
24 distributing performance funds. The commissioner shall
25 consolidate the recommendations and develop a consensus
26 proposal for funding. The Legislature shall adopt a formula
27 and distribute the performance funds to the State Board of
28 Education for community colleges and school districts through
29 the General Appropriations Act. These recommendations shall be
30 based on formulas that would discourage low-performing or
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1 low-demand programs and encourage through performance-funding
2 awards:
3 (a) Programs that prepare people to enter high-wage
4 occupations identified by the Workforce Estimating Conference
5 created by s. 216.136 and other programs as approved by
6 Workforce Florida, Inc. At a minimum, Performance incentives
7 shall be calculated for adults who reach completion points or
8 complete programs that lead to specified high-wage employment
9 and to their placement in that employment.
10 (b) Programs that successfully prepare adults who are
11 eligible for public assistance, economically disadvantaged,
12 disabled, not proficient in English, or dislocated workers for
13 high-wage occupations. At a minimum, performance incentives
14 shall be calculated at an enhanced value for the completion of
15 adults identified in this paragraph and job placement of such
16 adults upon completion, based on empirical evidence of the
17 additional effort required to serve these students. In
18 addition, adjustments may be made in payments for job
19 placements for areas of high unemployment.
20 (c) Programs that are specifically designed to be
21 consistent with the workforce needs of private enterprise and
22 regional economic development strategies, as defined in
23 guidelines set by Workforce Florida, Inc. Workforce Florida,
24 Inc., shall develop guidelines to identify such needs and
25 strategies based on localized research of private employers
26 and economic development practitioners.
27 (d) Programs identified by Workforce Florida, Inc., as
28 increasing the effectiveness and cost efficiency of education.
29 (9) A high school student dually enrolled under s.
30 1007.271 in a workforce development program funded through the
31 Workforce Development Education Fund and operated by a
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Florida Senate - 2004 SB 2858
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1 community college or school district technical center
2 generates the amount calculated by the funding formula
3 Workforce Development Education Fund, including any payment of
4 performance funding, and the proportional share of full-time
5 equivalent enrollment generated through the Florida Education
6 Finance Program for the student's enrollment in a high school.
7 If a high school student is dually enrolled in a community
8 college program, including a program conducted at a high
9 school, the community college earns the funds generated
10 through the formula Workforce Development Education Fund and
11 the school district earns the proportional share of full-time
12 equivalent funding from the Florida Education Finance Program.
13 If a student is dually enrolled in a technical center operated
14 by the same district as the district in which the student
15 attends high school, that district earns the funds generated
16 through the formula Workforce Development Education Fund and
17 also earns the proportional share of full-time equivalent
18 funding from the Florida Education Finance Program. If a
19 student is dually enrolled in a workforce development program
20 provided by a technical center operated by a different school
21 district, the funds must be divided between the two school
22 districts proportionally from the two funding sources. A
23 student may not be reported for funding in a dual enrollment
24 workforce development program unless the student has completed
25 the basic skills assessment pursuant to s. 1004.91.
26 (10)(a) With respect to base funding as identified in
27 subparagraph (6)(a)1., funds provided for apprenticeship
28 training may be used only for registered and approved state
29 apprenticeship programs as defined in s. 446.071 and must be
30 distributed to school districts and community colleges based
31 on no less than $3,500 per full-time-equivalency (FTE)
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1 enrollment figures for the immediately previous year.
2 Providers shall certify and attest to the accuracy of the
3 amount of the contributions, in real dollars, of contractors
4 and other sources. Records relating to provider funds must be
5 maintained for a period of 3 years and are subject to audit by
6 the local educational agency (LEA) or its designee.
7 (b) Base funding must be allocated as follows:
8 1. Ten percent of the FTE to the provider of
9 classrooms.
10 2. Twenty percent of the FTE to the provider of labs.
11 3. Thirty percent of the FTE to the LEA for fixed
12 overhead and costs for instructors and administrators.
13 4. Accredited or state-certified program providers in
14 charge of the technical training shall receive $3 of Workforce
15 Development Education funds for each $1 of funds in actual
16 dollars, not in-kind contributions, generated by contractors
17 or other providers, up to but not exceeding 40 percent of the
18 program FTE.
19 (c) The LEA shall return any unused funds to the
20 state. If an approved program moves from one LEA to another,
21 the funding for that program must move to the new LEA in the
22 next fiscal year, provided that the program switched LEAs
23 between school years, not after the school year began.
24 Section 2. This act shall take effect July 1, 2004.
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Florida Senate - 2004 SB 2858
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2 SENATE SUMMARY
3 Amends criteria for funding workforce development
programs. Replaces performance-based funding with funding
4 based on workload plus performance. Requires the
Department of Education to develop funding-allocation
5 models for community colleges and for school district
programs. Deletes references to the Workforce Development
6 Education Fund. Allows certain workload measures to be
adjusted to account for the length of program segments.
7 Requires workload estimates to be agreed upon by the
Education Estimating Conference and requires that funding
8 for workload be added to base funding on the basis of
such estimates. Increases from 85 to 90 percent the
9 maximum percentage that base funding may constitute of
the total allocation for workforce development programs
10 for the current fiscal year. Provides that the
calculation of certain performance incentives must be
11 based on empirical evidence. Provides restrictions on
base funding. Provides for allocation of the base
12 funding. Requires local educational agencies to return
unused funds to the state. Requires that, when a program
13 moves from one local educational agency to another, the
funds move to the new agency in the next fiscal year, if
14 the program switched agencies between school years.
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