1 | The Committee on Education K-20 recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to career education; revising terminology |
7 | relating to career, technical, vocational, and workforce |
8 | education; amending s. 1002.34, F.S.; providing for |
9 | funding of dual enrollment instruction of public school |
10 | students provided at charter technical career centers; |
11 | creating s. 1003.431, F.S.; providing for a career |
12 | education certification on a high school diploma; |
13 | providing academic requirements for students enrolled in |
14 | comprehensive career education programs; requiring the |
15 | State Board of Education to define and specify by rule |
16 | courses and experiences consistent with a comprehensive |
17 | career education program; authorizing the State Board of |
18 | Education to adopt by rule a standard format for career |
19 | education certification; allowing incentive funding to |
20 | school districts for students receiving the certification; |
21 | amending s. 1003.491, F.S.; providing certain |
22 | responsibilities for district school boards and |
23 | superintendents relating to career education |
24 | certification; creating s. 1003.492, F.S.; providing for |
25 | coordination of career education programs with industry; |
26 | requiring the State Board of Education to adopt rules for |
27 | implementing an industry certification process; requiring |
28 | the Department of Education to study student performance |
29 | in industry-certified career education programs; requiring |
30 | a study by the Department of Education to determine the |
31 | need for cost factors or startup funding for industry- |
32 | certified career education programs; creating s. 1006.025, |
33 | F.S.; requiring district school boards to submit guidance |
34 | reports to the Commissioner of Education and providing |
35 | requirements thereof; amending s. 1012.01, F.S.; revising |
36 | a personnel classification title; amending s. 1011.80, |
37 | F.S.; repealing the Florida Workforce Development |
38 | Education Fund; redesignating adult technical education |
39 | programs as workforce education programs; revising |
40 | requirements for funding; requiring reporting and cost |
41 | analysis; amending ss. 1009.22 and 1011.83, F.S.; deleting |
42 | references to the Florida Workforce Development Education |
43 | Fund; creating s. 446.073, F.S.; establishing the |
44 | Apprenticeship Mediation Advisory Panel; providing duties |
45 | relating to disputes between apprenticeship sponsors and |
46 | educational agencies; authorizing State Board of Education |
47 | rulemaking authority; requiring the Agency for Workforce |
48 | Innovation and the Council for Education Policy Research |
49 | and Improvement to study the need for new and expanded |
50 | apprenticeship and other workforce education programs; |
51 | requiring a report of findings and recommendations; |
52 | requiring the Commissioner of Education to convene a study |
53 | group to investigate workforce education issues; requiring |
54 | the study group to submit a report with recommendations |
55 | for modifications to the workforce education system; |
56 | amending ss. 20.18, 110.1099, 112.19, 112.191, 112.1915, |
57 | 238.01, 250.10, 250.482, 288.047, 288.9511, 292.05, |
58 | 292.10, 295.02, 295.125, 339.0805, 364.508, 376.0705, |
59 | 380.0651, 402.305, 402.3051, 403.716, 414.0252, 420.0004, |
60 | 420.524, 420.602, 440.16, 443.171, 445.003, 445.004, |
61 | 445.009, 445.012, 445.0123, 445.024, 445.049, 446.011, |
62 | 446.052, 446.22, 475.17, 475.451, 475.617, 475.6175, |
63 | 475.618, 475.627, 494.0029, 509.302, 553.841, 790.06, |
64 | 790.115, 810.095, 943.14, 948.015, 948.09, 958.12, 985.03, |
65 | 985.315, 1000.04, 1000.05, 1001.42, 1001.44, 1001.452, |
66 | 1001.453, 1001.64, 1002.01, 1002.20, 1002.22, 1002.38, |
67 | 1002.42, 1003.01, 1003.02, 1003.43, 1003.47, 1003.51, |
68 | 1003.52, 1004.02, 1004.04, 1004.07, 1004.54, 1004.65, |
69 | 1004.73, 1004.91, 1004.92, 1004.93, 1004.98, 1005.02, |
70 | 1005.06, 1005.21, 1006.035, 1006.051, 1006.21, 1006.31, |
71 | 1007.21, 1007.23, 1007.24, 1007.25, 1007.27, 1007.271, |
72 | 1008.37, 1008.385, 1008.405, 1008.41, 1008.42, 1008.43, |
73 | 1008.45, 1009.23, 1009.25, 1009.40, 1009.532, 1009.533, |
74 | 1009.536, 1009.55, 1009.61, 1009.64, 1009.98, 1010.20, |
75 | 1010.58, 1011.62, 1011.68, 1012.01, 1012.39, 1012.41, |
76 | 1012.43, 1013.03, 1013.31, 1013.64, and 1013.75, F.S., to |
77 | conform; providing an effective date. |
78 |
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79 | Be It Enacted by the Legislature of the State of Florida: |
80 |
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81 | Section 1. Subsection (11) of section 1002.34, Florida |
82 | Statutes, is amended to read: |
83 | 1002.34 Charter technical career centers.-- |
84 | (11) FUNDING.-- |
85 | (a) Notwithstanding any other provision of law, funds for |
86 | dual enrollment instruction of public school students provided |
87 | at charter technical career centers must be provided in an |
88 | amount equal to that which would be provided for the hours of |
89 | instruction which would be necessary to earn the FTE and the |
90 | funding for an equivalent course if it were taught in the school |
91 | district. |
92 | (b)(a) Each district school board and community college |
93 | that sponsors a charter technical career center shall pay |
94 | directly to the center an amount stated in the charter. State |
95 | funding shall be generated for the center for its student |
96 | enrollment and program outcomes as provided in law. A center is |
97 | eligible for funding from workforce education funds the Florida |
98 | Workforce Development Education Fund, the Florida Education |
99 | Finance Program, and the Community College Program Fund, |
100 | depending upon the programs conducted by the center. |
101 | (c)(b) A center may receive other state and federal aid, |
102 | grants, and revenue through the district school board or |
103 | community college board of trustees. |
104 | (d)(c) A center may receive gifts and grants from private |
105 | sources. |
106 | (e)(d) A center may not levy taxes or issue bonds, but it |
107 | may charge a student tuition fee consistent with authority |
108 | granted in its charter and permitted by law. |
109 | (f)(e) A center shall provide for an annual financial |
110 | audit in accordance with s. 218.39. |
111 | (g)(f) A center must provide instruction for at least the |
112 | number of days required by law for other public schools or |
113 | community colleges, as appropriate, and may provide instruction |
114 | for additional days. |
115 | Section 2. Section 1003.431, Florida Statutes, is created |
116 | to read: |
117 | 1003.431 Career education certification.-- |
118 | (1) A student who fulfills the following requirements |
119 | shall be recognized with a career education certification on his |
120 | or her high school diploma: |
121 | (a) Completion of the requirements for high school |
122 | graduation as provided in s. 1003.429 or s. 1003.43 and the |
123 | additional requirements for a comprehensive career education |
124 | program of study as provided in subsection (2). |
125 | (b) A passing score on the college entry-level placement |
126 | test or an equivalent test identified by the Department of |
127 | Education with a score adequate to enroll in a public |
128 | postsecondary educational program without the need for college |
129 | preparatory or career preparatory instruction. |
130 | (2) A comprehensive program of study in career education |
131 | shall be designed to prepare a student to continue his or her |
132 | education at a postsecondary educational institution and obtain |
133 | employment. A comprehensive career education program of study |
134 | must require of each student: |
135 | (a) Completion of academic courses with a designation from |
136 | the Department of Education of level two or above. All credits |
137 | earned to meet graduation requirements in mathematics, science, |
138 | and communication must have that designation. |
139 | (b) Attainment of at least one occupational completion |
140 | point in an industry-certified career education program or |
141 | completion of at least two courses in a technology education |
142 | program. |
143 | (c) Completion of a one-credit course addressing workplace |
144 | readiness skills. The course requirement may be satisfied by |
145 | infusing course content into an existing select career and |
146 | education course. The State Board of Education shall define by |
147 | rule the content of the course and shall ensure that the course |
148 | meets graduation requirements for performing fine arts or |
149 | practical arts. |
150 | (d) Participation in work-based learning experiences, as |
151 | defined by rule by the State Board of Education. |
152 | (e) Participation in a capstone activity that includes a |
153 | project related to a career. This activity is designed to apply |
154 | and demonstrate the competencies and concepts attained in the |
155 | student's program of study. The State Board of Education may |
156 | specify by rule characteristics of capstone activities that meet |
157 | the intent of this paragraph. |
158 | (3) The career education certification indicates that the |
159 | student is prepared to continue into postsecondary education |
160 | without the need for remediation and that the student has |
161 | marketable employment skills. The State Board of Education may |
162 | adopt by rule a standard format for the certification. |
163 | (4) A school district is not required to offer a |
164 | comprehensive career education program pursuant to this section. |
165 | However, for each student who receives the career education |
166 | certification on his or her high school diploma, the school |
167 | district may receive incentive funding contingent upon funding |
168 | in the annual General Appropriations Act. |
169 | (5) A school district that generates funds as a result of |
170 | incentive funding for student achievement of the career |
171 | education certification on the high school diploma must expend |
172 | the total amount on the comprehensive career education program |
173 | of study. The school district may not apply indirect charges to |
174 | incentive funds earned. |
175 | Section 3. Subsection (1) of section 1003.491, Florida |
176 | Statutes, is amended, and subsection (3) is added to said |
177 | section, to read: |
178 | 1003.491 Career and technical education.-- |
179 | (1) School board, superintendent, and school |
180 | accountability for career and technical education within |
181 | elementary and secondary schools includes, but is not limited |
182 | to: |
183 | (a) Student exposure to a variety of careers and provision |
184 | of instruction to explore specific careers in greater depth. |
185 | (b) Student awareness of available career and technical |
186 | programs and the corresponding occupations into which such |
187 | programs lead. |
188 | (c) Student development of individual career plans. |
189 | (d) Integration of academic and career and technical |
190 | skills in the secondary curriculum. |
191 | (e) Student preparation to enter the workforce and enroll |
192 | in postsecondary education without being required to complete |
193 | college preparatory or career vocational preparatory |
194 | instruction. |
195 | (f) Student retention in school through high school |
196 | graduation. |
197 | (g) Career education and technical curriculum articulation |
198 | with corresponding postsecondary programs in the career local |
199 | area technical center or community college, or both. |
200 | (3) Each district school board and superintendent shall |
201 | implement all components required to obtain the career education |
202 | certification on the high school diploma if the school district |
203 | chooses to offer the certification. |
204 | Section 4. Section 1003.492, Florida Statutes, is created |
205 | to read: |
206 | 1003.492 Industry-certified career education programs.-- |
207 | (1) A career education program within a comprehensive high |
208 | school program of study shall be coordinated with the |
209 | appropriate industry indicating that all components of the |
210 | program are relevant and appropriate to prepare the student for |
211 | further education or for employment in that industry. |
212 | (2) The State Board of Education shall adopt rules |
213 | pursuant to ss. 120.536(1) and 120.54 for implementing an |
214 | industry certification process, which rules must establish any |
215 | necessary procedures for obtaining appropriate business partners |
216 | and requirements for business and industry involvement in |
217 | curriculum oversight and equipment procurement. |
218 | (3) The Department of Education shall study student |
219 | performance in industry-certified career education programs. |
220 | The department shall identify districts that currently operate |
221 | industry-certified career education programs. The study shall |
222 | examine the performance of participating students over time. |
223 | Performance factors shall include, but not be limited to, |
224 | graduation rates, retention rates, additional educational |
225 | attainment, employment records, earnings, and industry |
226 | satisfaction. The results of this study shall be submitted to |
227 | the President of the Senate and the Speaker of the House of |
228 | Representatives by December 31, 2004. |
229 | (4) The Department of Education shall conduct a study to |
230 | determine if a cost factor should be applied to industry- |
231 | certified career education programs and review the need for |
232 | startup funding for the programs. The study shall be completed |
233 | by December 31, 2004, and shall be submitted to the President of |
234 | the Senate and the Speaker of the House of Representatives. |
235 | Section 5. Section 1006.025, Florida Statutes, is created |
236 | to read: |
237 | 1006.025 Guidance services.-- |
238 | (1) Each district school board shall annually submit a |
239 | district guidance report to the Commissioner of Education by |
240 | June 30. |
241 | (2) The guidance report shall include, but not be limited |
242 | to, the following: |
243 | (a) Examination of student access to guidance counselors. |
244 | (b) Degree to which a district has adopted or implemented |
245 | a guidance model program. |
246 | (c) Evaluation of the information and training available |
247 | to guidance counselors and career specialists to advise students |
248 | on areas of critical need, labor market trends, and technical |
249 | training requirements. |
250 | (d) Progress toward incorporation of best practices for |
251 | advisement as identified by the department. |
252 | (e) Consideration of alternative guidance systems or |
253 | ideas, including, but not limited to, a teacher-advisor model, |
254 | mentoring, partnerships with the business community, web-based |
255 | delivery, and parental involvement. |
256 | (f) Actions taken to provide information to students for |
257 | the school-to-work transition pursuant to s. 1006.02. |
258 | (g) A guidance plan for the district. |
259 | (3) The department shall provide resources to district |
260 | school boards that may assist districts in preparing the annual |
261 | guidance report. The resources shall include, but are not |
262 | limited to, materials relating to guidance model programs, |
263 | training available through the department for career guidance, |
264 | adopted best practices, alternative guidance systems or ideas, |
265 | and a model district guidance plan. |
266 | Section 6. Paragraph (b) of subsection (2) of section |
267 | 1012.01, Florida Statutes, is amended to read: |
268 | 1012.01 Definitions.--Specific definitions shall be as |
269 | follows, and wherever such defined words or terms are used in |
270 | the Florida K-20 Education Code, they shall be used as follows: |
271 | (2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel" |
272 | means any staff member whose function includes the provision of |
273 | direct instructional services to students. Instructional |
274 | personnel also includes personnel whose functions provide direct |
275 | support in the learning process of students. Included in the |
276 | classification of instructional personnel are: |
277 | (b) Student personnel services.--Student personnel |
278 | services include staff members responsible for: advising |
279 | students with regard to their abilities and aptitudes, |
280 | educational and occupational opportunities, and personal and |
281 | social adjustments; providing placement services; performing |
282 | educational evaluations; and similar functions. Included in this |
283 | classification are guidance counselors, social workers, career |
284 | occupational/placement specialists, and school psychologists. |
285 | Section 7. Section 1011.80, Florida Statutes, is amended |
286 | to read: |
287 | 1011.80 Funds for operation of workforce adult technical |
288 | education programs.-- |
289 | (1) As used in this section, the terms "workforce |
290 | development education" and "workforce education development |
291 | program" include: |
292 | (a) Adult general education programs designed to improve |
293 | the employability skills of the state's workforce as defined in |
294 | s. 1004.02(3) s. 1004.02(5). |
295 | (b) Career and technical certificate programs, as defined |
296 | in s. 1004.02(21) s. 1004.02(23). |
297 | (c) Applied technology diploma programs. |
298 | (d) Continuing workforce education courses. |
299 | (e) Degree career technical education programs. |
300 | (f) Apprenticeship and preapprenticeship programs as |
301 | defined in s. 446.021. |
302 | (2) Any workforce development education program may be |
303 | conducted by a community college or a school district, except |
304 | that college credit in an associate in applied science or an |
305 | associate in science degree may be awarded only by a community |
306 | college. However, if an associate in applied science or an |
307 | associate in science degree program contains within it an |
308 | occupational completion point that confers a certificate or an |
309 | applied technology diploma, that portion of the program may be |
310 | conducted by a school district career technical center. Any |
311 | instruction designed to articulate to a degree program is |
312 | subject to guidelines and standards adopted by the State Board |
313 | of Education pursuant to s. 1007.25. |
314 | (3) If a program for disabled adults pursuant to s. |
315 | 1004.93 is a workforce education development program as defined |
316 | in law, it must be funded as provided in this section. |
317 | (4) The Florida Workforce Development Education Fund is |
318 | created to provide performance-based funding for all workforce |
319 | development programs, whether the programs are offered by a |
320 | school district or a community college. Funding for all |
321 | workforce development education programs must be from the |
322 | Workforce Development Education Fund and must be based on cost |
323 | categories, performance output measures, and performance outcome |
324 | measures. |
325 | (a) The cost categories must be calculated to identify |
326 | high-cost programs, medium-cost programs, and low-cost programs. |
327 | The cost analysis used to calculate and assign a program of |
328 | study to a cost category must include at least both direct and |
329 | indirect instructional costs, consumable supplies, equipment, |
330 | and standard program length. |
331 | (b)1. The performance output measure for career and |
332 | technical education programs of study is student completion of a |
333 | career and technical program of study that leads to an |
334 | occupational completion point associated with a certificate; an |
335 | apprenticeship program; or a program that leads to an applied |
336 | technology diploma or an associate in applied science or |
337 | associate in science degree. Performance output measures for |
338 | registered apprenticeship programs shall be based on program |
339 | lengths that coincide with lengths established pursuant to the |
340 | requirements of chapter 446. |
341 | 2. The performance output measure for an adult general |
342 | education course of study is measurable improvement in student |
343 | skills. This measure shall include improvement in literacy |
344 | skills, grade level improvement as measured by an approved test, |
345 | or attainment of a State of Florida diploma or an adult high |
346 | school diploma. |
347 | (c) The performance outcome measures for workforce |
348 | education programs funded through the Workforce Development |
349 | Education Fund are associated with placement and retention of |
350 | students after reaching a completion point or completing a |
351 | program of study. These measures include placement or retention |
352 | in employment that is related to the program of study; placement |
353 | into or retention in employment in an occupation on the |
354 | Workforce Estimating Conference list of high-wage, high-skill |
355 | occupations with sufficient openings, or other High Wage/High |
356 | Skill Program occupations as determined by Workforce Florida, |
357 | Inc.; and placement and retention of participants or former |
358 | participants in the welfare transition program in employment. |
359 | Continuing postsecondary education at a level that will further |
360 | enhance employment is a performance outcome for adult general |
361 | education programs. Placement and retention must be reported |
362 | pursuant to ss. 1008.39 and 1008.43. |
363 | (5) State funding and student fees for workforce education |
364 | development instruction funded through the Workforce Development |
365 | Education Fund shall be established as follows: |
366 | (a) For a continuing workforce education course, state |
367 | funding shall equal 50 percent of the cost of instruction, with |
368 | student fees, business support, quick-response training funds, |
369 | or other means making up the remaining 50 percent. |
370 | (b) For all other workforce development education programs |
371 | funded through the Workforce Development Education Fund, state |
372 | funding shall equal 75 percent of the average cost of |
373 | instruction with the remaining 25 percent made up from student |
374 | fees. Fees for courses within a program shall not vary according |
375 | to the cost of the individual program, but instead shall be |
376 | based on a uniform fee calculated and set at the state level, as |
377 | adopted by the State Board of Education, unless otherwise |
378 | specified in the General Appropriations Act. |
379 | (c) For fee-exempt students pursuant to s. 1009.25, unless |
380 | otherwise provided for in law, state funding shall equal 100 |
381 | percent of the average cost of instruction. |
382 | (6)(a) A school district or a community college that |
383 | provides workforce development education programs funded through |
384 | the Workforce Development Education Fund shall receive funds in |
385 | accordance with distributions for base and performance funding |
386 | established by the Legislature in the General Appropriations |
387 | Act. If the General Appropriations Act does not provide for the |
388 | distribution of funds, the following methodology shall apply, |
389 | pursuant to the following conditions: |
390 | 1. Base funding shall be allocated based on weighted |
391 | enrollment and shall not exceed 90 85 percent of the current |
392 | fiscal year total Workforce Development Education Fund |
393 | allocation, which shall be distributed by the Legislature in the |
394 | General Appropriations Act based on a maximum of 85 percent of |
395 | the institution's prior year total allocation from base and |
396 | performance funds. The Department of Education shall develop a |
397 | funding process for school district workforce education programs |
398 | that is comparable with community college workforce education |
399 | programs. |
400 | 2. Performance funding shall be at least 10 15 percent of |
401 | the current fiscal year total Workforce Development Education |
402 | Fund allocation, which shall be distributed by the Legislature |
403 | in the General Appropriations Act based on the previous fiscal |
404 | year's achievement of output and outcomes in accordance with |
405 | formulas adopted pursuant to subsection (10)(9). Performance |
406 | funding must incorporate payments for at least three levels of |
407 | placements that reflect wages and workforce demand. Payments for |
408 | completions must not exceed 60 percent of the payments for |
409 | placement. School districts and community colleges shall be |
410 | awarded funds pursuant to this paragraph based on performance |
411 | output data and performance outcome data available in that year. |
412 | 3. If a local educational agency achieves a level of |
413 | performance sufficient to generate a full allocation as |
414 | authorized by the workforce development funding formula, the |
415 | agency may earn performance incentive funds as appropriated for |
416 | that purpose in a General Appropriations Act. If performance |
417 | incentive funds are funded and awarded, these funds must be |
418 | added to the local educational agency's prior year total |
419 | allocation from the Workforce Development Education Fund and |
420 | shall be used to calculate the following year's base funding. |
421 | (b) A program is established to assist school districts |
422 | and community colleges in responding to the needs of new and |
423 | expanding businesses and thereby strengthening the state's |
424 | workforce and economy. The program may be funded in the General |
425 | Appropriations Act. A school district or community college may |
426 | expend funds under the program without regard to performance |
427 | criteria set forth in subparagraph (a)2. The district or |
428 | community college shall use the program to provide customized |
429 | training for businesses which satisfies the requirements of s. |
430 | 288.047. Business firms whose employees receive the customized |
431 | training must provide 50 percent of the cost of the training. |
432 | Balances remaining in the program at the end of the fiscal year |
433 | shall not revert to the general fund, but shall be carried over |
434 | for 1 additional year and used for the purpose of serving |
435 | incumbent worker training needs of area businesses with fewer |
436 | than 100 employees. Priority shall be given to businesses that |
437 | must increase or upgrade their use of technology to remain |
438 | competitive. |
439 | (7) A school district or community college that receives |
440 | workforce education funds earns performance funding must use the |
441 | money to benefit the workforce postsecondary adult and technical |
442 | education programs it provides. The money may be used for |
443 | equipment upgrades, program expansions, or any other use that |
444 | would result in workforce education development program |
445 | improvement. The district school board or community college |
446 | board of trustees may not withhold any portion of the |
447 | performance funding for indirect costs. Notwithstanding s. |
448 | 216.351, funds awarded pursuant to this section may be carried |
449 | across fiscal years and shall not revert to any other fund |
450 | maintained by the district school board or community college |
451 | board of trustees. |
452 | (8) The State Board of Education and Workforce Florida, |
453 | Inc., shall provide the Legislature with recommended formulas, |
454 | criteria, timeframes, and mechanisms for distributing |
455 | performance funds. The commissioner shall consolidate the |
456 | recommendations and develop a consensus proposal for funding. |
457 | The Legislature shall adopt a formula and distribute the |
458 | performance funds to the State Board of Education for community |
459 | colleges and school districts through the General Appropriations |
460 | Act. These recommendations shall be based on formulas that would |
461 | discourage low-performing or low-demand programs and encourage |
462 | through performance-funding awards: |
463 | (a) Programs that prepare people to enter high-wage |
464 | occupations identified by the Workforce Estimating Conference |
465 | created by s. 216.136 and other programs as approved by |
466 | Workforce Florida, Inc. At a minimum, performance incentives |
467 | shall be calculated for adults who reach completion points or |
468 | complete programs that lead to specified high-wage employment |
469 | and to their placement in that employment. |
470 | (b) Programs that successfully prepare adults who are |
471 | eligible for public assistance, economically disadvantaged, |
472 | disabled, not proficient in English, or dislocated workers for |
473 | high-wage occupations. At a minimum, performance incentives |
474 | shall be calculated at an enhanced value for the completion of |
475 | adults identified in this paragraph and job placement of such |
476 | adults upon completion. In addition, adjustments may be made in |
477 | payments for job placements for areas of high unemployment. |
478 | (c) Programs that are specifically designed to be |
479 | consistent with the workforce needs of private enterprise and |
480 | regional economic development strategies, as defined in |
481 | guidelines set by Workforce Florida, Inc. Workforce Florida, |
482 | Inc., shall develop guidelines to identify such needs and |
483 | strategies based on localized research of private employers and |
484 | economic development practitioners. |
485 | (d) Programs identified by Workforce Florida, Inc., as |
486 | increasing the effectiveness and cost efficiency of education. |
487 | (9) School districts shall report full-time equivalent |
488 | students by discipline category for the programs specified in |
489 | subsection (1). There shall be an annual cost analysis for the |
490 | school district workforce education programs that reports cost |
491 | by discipline category consistent with the reporting for full- |
492 | time equivalent students. The annual financial reports submitted |
493 | by the school districts must accurately report on the student |
494 | fee revenues by fee type according to the programs specified in |
495 | subsection (1). The Department of Education shall develop a plan |
496 | for comparable reporting of program, student, facility, |
497 | personnel, and financial data between the community colleges and |
498 | the school district workforce education programs. |
499 | (10)(9) A high school student dually enrolled under s. |
500 | 1007.271 in a workforce education development program funded |
501 | through the Workforce Development Education Fund and operated by |
502 | a community college or school district career technical center |
503 | generates the amount calculated for workforce education funding |
504 | by the Workforce Development Education Fund, including any |
505 | payment of performance funding, and the proportional share of |
506 | full-time equivalent enrollment generated through the Florida |
507 | Education Finance Program for the student's enrollment in a high |
508 | school. If a high school student is dually enrolled in a |
509 | community college program, including a program conducted at a |
510 | high school, the community college earns the funds generated for |
511 | workforce education funding, through the Workforce Development |
512 | Education Fund and the school district earns the proportional |
513 | share of full-time equivalent funding from the Florida Education |
514 | Finance Program. If a student is dually enrolled in a career |
515 | technical center operated by the same district as the district |
516 | in which the student attends high school, that district earns |
517 | the funds generated for workforce education funding through the |
518 | Workforce Development Education Fund and also earns the |
519 | proportional share of full-time equivalent funding from the |
520 | Florida Education Finance Program. If a student is dually |
521 | enrolled in a workforce education development program provided |
522 | by a career technical center operated by a different school |
523 | district, the funds must be divided between the two school |
524 | districts proportionally from the two funding sources. A student |
525 | may not be reported for funding in a dual enrollment workforce |
526 | education development program unless the student has completed |
527 | the basic skills assessment pursuant to s. 1004.91. |
528 | (11)(10) The State Board of Education may adopt rules to |
529 | administer this section. |
530 | Section 8. Subsections (1), (5), (12), and (13) of section |
531 | 1009.22, Florida Statutes, are amended to read: |
532 | 1009.22 Workforce education development postsecondary |
533 | student fees.-- |
534 | (1) This section applies to students enrolled in workforce |
535 | education development programs who are reported for funding |
536 | through the Workforce Development Education Fund, except that |
537 | college credit fees for the community colleges are governed by |
538 | s. 1009.23. |
539 | (5) Each district school board and community college board |
540 | of trustees may establish a separate fee for financial aid |
541 | purposes in an additional amount of up to 10 percent of the |
542 | student fees collected for workforce education development |
543 | programs funded through the Workforce Development Education |
544 | Fund. All fees collected shall be deposited into a separate |
545 | workforce education development student financial aid fee trust |
546 | fund of the school district or community college to support |
547 | students enrolled in workforce education development programs. |
548 | Any undisbursed balance remaining in the trust fund and interest |
549 | income accruing to investments from the trust fund shall |
550 | increase the total funds available for distribution to workforce |
551 | development education students. Awards shall be based on student |
552 | financial need and distributed in accordance with a nationally |
553 | recognized system of need analysis approved by the State Board |
554 | of Education. Fees collected pursuant to this subsection shall |
555 | be allocated in an expeditious manner. |
556 | (12) Any school district or community college that reports |
557 | students who have not paid fees in an approved manner in |
558 | calculations of full-time equivalent enrollments for state |
559 | funding purposes shall be penalized at a rate equal to 2 times |
560 | the value of such enrollments. Such penalty shall be charged |
561 | against the following year's allocation from workforce education |
562 | funds the Florida Workforce Development Education Fund or the |
563 | Community College Program Fund and shall revert to the General |
564 | Revenue Fund. The State Board of Education shall specify, in |
565 | rule, approved methods of student fee payment. Such methods must |
566 | include, but need not be limited to, student fee payment; |
567 | payment through federal, state, or institutional financial aid; |
568 | and employer fee payments. |
569 | (13) Each school district and community college shall |
570 | report only those students who have actually enrolled in |
571 | instruction provided or supervised by instructional personnel |
572 | under contract with the district or community college in |
573 | calculations of actual full-time enrollments for state funding |
574 | purposes. A student who has been exempted from taking a course |
575 | or who has been granted academic or technical credit through |
576 | means other than actual coursework completed at the granting |
577 | institution may not be calculated for enrollment in the course |
578 | from which the student has been exempted or for which the |
579 | student has been granted credit. School districts and community |
580 | colleges that report enrollments in violation of this subsection |
581 | shall be penalized at a rate equal to 2 times the value of such |
582 | enrollments. Such penalty shall be charged against the following |
583 | year's allocation from workforce education funds the Workforce |
584 | Development Education Fund and shall revert to the General |
585 | Revenue Fund. |
586 | Section 9. Section 1011.83, Florida Statutes, is amended |
587 | to read: |
588 | 1011.83 Financial support of community colleges.--Each |
589 | community college that has been approved by the Department of |
590 | Education and meets the requirements of law and rules of the |
591 | State Board of Education shall participate in the Community |
592 | College Program Fund. However, funds to support workforce |
593 | education development programs conducted by community colleges |
594 | shall be provided by the Workforce Development Education Fund |
595 | pursuant to s. 1011.80. |
596 | Section 10. Section 446.073, Florida Statutes, is created |
597 | to read: |
598 | 446.073 Apprenticeship Mediation Advisory Panel.--An |
599 | Apprenticeship Mediation Advisory Panel is established to assist |
600 | with fair and impartial review of disputes between |
601 | apprenticeship sponsors and school districts or community |
602 | colleges that operate apprenticeship programs. |
603 | (1) The Commissioner of Education shall appoint 16 members |
604 | to the Apprenticeship Mediation Advisory Panel. Members shall |
605 | serve without compensation. The members shall be selected in the |
606 | following manner: 8 of the members must represent currently |
607 | operating apprenticeship sponsors, 4 of the members must |
608 | represent community colleges that are currently operating |
609 | apprenticeship programs, and 4 of the members must represent |
610 | school districts that are currently operating apprenticeship |
611 | programs. |
612 | (2) The Apprenticeship Mediation Advisory Panel shall have |
613 | the following duties and responsibilities: |
614 | (a) Develop recommended program models consisting of best |
615 | practices, guidelines, and mediation procedures for |
616 | apprenticeship programs. The best practices, guidelines, and |
617 | mediation procedures shall serve as model criteria for all |
618 | mediation proceedings by the Apprenticeship Mediation Advisory |
619 | Panel. The best practices, guidelines, and mediation procedures |
620 | shall be submitted to the Legislature and the Department of |
621 | Education on or before December 31, 2004. |
622 | (b) When local negotiations have failed to result in a |
623 | solution, hear and recommend nonbinding resolutions for disputes |
624 | over contracted services or contractual matters between |
625 | apprenticeship sponsors and local educational agencies, as |
626 | defined in s. 1004.02, offering apprenticeship programs. |
627 | (c) Annually submit a report, by December 31, to the |
628 | Commissioner of Education detailing each mediation heard by the |
629 | panel. The report should include whether the panel was able to |
630 | make a recommendation and, if so, the degree to which the |
631 | recommendation was implemented. |
632 | (3) Mediation requests shall be submitted to the |
633 | Commissioner of Education. Upon receipt of a mediation request, |
634 | the commissioner shall convene a meeting of at least 6 of the |
635 | members of the Apprenticeship Mediation Advisory Panel. Of the |
636 | convened members, 3 must represent apprenticeship sponsors and 3 |
637 | must represent the type of local educational agency involved in |
638 | the mediation. A member convened for the purpose of a mediation |
639 | shall not represent the apprenticeship sponsor or local |
640 | educational agency involved in the dispute for which the |
641 | mediation is being heard. |
642 | (4) The Apprenticeship Mediation Advisory Panel may reject |
643 | a request for mediation for failure to comply with procedural |
644 | rules governing the mediation process. The rejection shall |
645 | describe the submission errors. The requesting party may have up |
646 | to 15 calendar days after notice of rejection to resubmit a |
647 | request for mediation that meets procedural rules. The |
648 | Apprenticeship Mediation Advisory Panel shall send a written |
649 | copy of the rejection to any involved apprenticeship sponsor or |
650 | local educational agency. |
651 | (5) The Apprenticeship Mediation Advisory Panel may |
652 | receive copies of the mediation documents from the Commissioner |
653 | of Education, review the documents, hold a mediation meeting, |
654 | and gather other applicable information regarding the mediation. |
655 | The panel shall make a written report and recommendation to the |
656 | commissioner, including the reasons for the recommendation being |
657 | offered. The report shall also include votes taken and the final |
658 | position of each panel member on the mediation. The decision of |
659 | the Apprenticeship Mediation Advisory Panel is not binding on |
660 | the parties and is not subject to the provisions of the |
661 | Administrative Procedure Act, chapter 120. |
662 | (6) The State Board of Education may adopt rules pursuant |
663 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
664 | section. |
665 | Section 11. The Agency for Workforce Innovation and the |
666 | Council for Education Policy Research and Improvement (CEPRI) |
667 | shall conduct a joint study on the need for new and expanded |
668 | apprenticeship and other workforce education programs within |
669 | each workforce region. The study shall include all |
670 | apprenticeship programs registered pursuant to chapter 446, |
671 | Florida Statutes. A specific emphasis shall be placed upon |
672 | apprenticeships in construction and educational programs, |
673 | including, but not limited to, biotechnology, information |
674 | technology, allied health, or other identified areas of critical |
675 | need. The Agency for Workforce Innovation and CEPRI shall |
676 | jointly submit a report of their findings and recommendations by |
677 | December 31, 2004, to the Governor, the President of the Senate, |
678 | and the Speaker of the House of Representatives. |
679 | Section 12. Workforce education study.-- |
680 | (1) For purposes of this section, workforce education is |
681 | defined as the programs referenced in s. 1011.80(1), Florida |
682 | Statutes. |
683 | (2) To assist the Legislature in providing solutions to |
684 | the demands for workforce education, the Commissioner of |
685 | Education shall convene a study group to investigate issues |
686 | related to workforce education in Florida. The study group shall |
687 | report to the commissioner and the State Board of Education on |
688 | or before October 1, 2004, with specific actions necessary to |
689 | affect the timely implementation of modifications to the |
690 | workforce education system in Florida. The study group shall |
691 | consider any relevant projects of the Council for Education |
692 | Policy Research and Improvement and the Office of Program Policy |
693 | Analysis and Government Accountability and federal legislation |
694 | or appropriations. Recommendations must be consistent with the |
695 | K-20 education performance accountability system in s. 1008.31, |
696 | Florida Statutes. Based on the study group report, the |
697 | Commissioner of Education shall report to the Governor, the |
698 | Speaker of the House of Representatives, and the President of |
699 | the Senate on or before December 1, 2004, a summary of the |
700 | conclusions of the study group and recommended funding and |
701 | statutory changes if necessary. |
702 | (3) The study group shall consist of members appointed by |
703 | the Commissioner of Education who represent school districts, |
704 | community colleges, public and independent universities, private |
705 | postsecondary schools and colleges, the Agency for Workforce |
706 | Innovation, Workforce Florida, Inc., and Enterprise Florida, |
707 | Inc., and other members deemed appropriate by the commissioner, |
708 | with a majority of the membership consisting of representatives |
709 | of business and industry. |
710 | (4) The study group shall recommend an implementation plan |
711 | for their recommendations that shall include, but is not limited |
712 | to: |
713 | (a) A recommended funding model for workforce education |
714 | that encompasses both enrollment and performance. The |
715 | recommendations must include a process for providing for growth |
716 | and development of new programs to meet the demands of economic |
717 | development at the state, regional, and local levels. |
718 | Recommendations for funding should reflect consideration of |
719 | state funding, student fees, and federal and private funding, as |
720 | well as diverse needs and challenges faced by institutions. |
721 | (b) A recommended allocation model for workforce education |
722 | based on occupational completion points, literacy completion |
723 | points, and program length. Performance outcomes should reflect |
724 | program completion, job placement, and successful transfer to |
725 | another educational institution. Performance outcomes for |
726 | traditionally hard-to-serve populations may be weighted based on |
727 | empirical evidence. Performance outcomes should encourage the |
728 | expansion of public-private partnerships by including the |
729 | successful leveraging of private resources. Performance outcomes |
730 | should be evaluated by examining an institution's performance |
731 | over time rather than its performance relative to other |
732 | institutions and should be consistent regardless of the type of |
733 | institution offering the program. |
734 | (c) Recommendations to improve articulation and obtain the |
735 | maximum appropriate transferability of coursework between |
736 | components of the workforce education system and between |
737 | workforce education programs and advanced degrees. The |
738 | implementation plan shall include a review of current |
739 | articulation practices for workforce education, examples of best |
740 | practices, and specific methods to improve articulation options |
741 | for all students participating in workforce education. |
742 | (d) Recommendations for the implementation of innovative |
743 | programs that provide high school students with work-related |
744 | career-based educational opportunities. Recommendations shall |
745 | reflect the consideration of a broad array of options, |
746 | including, but not limited to, high school career academies, |
747 | charter technical centers, industry-certified educational |
748 | opportunities, and the expanded use of career dual enrollment or |
749 | other acceleration mechanisms. Recommendations shall also |
750 | include expanded opportunities for partnership with business and |
751 | industry to ensure that all components of any recommended |
752 | program are relevant and appropriate to prepare students for |
753 | further education and employment. |
754 | (e) Recommendations for the implementation of innovative |
755 | options or expanded use of existing resources for the delivery |
756 | of postsecondary workforce education. These options must respond |
757 | to the need for access to workforce education in geographic |
758 | areas of high demand or unmet need or to demand for programs in |
759 | occupational clusters that are targeted for purposes of economic |
760 | development. Recommendations must include, but are not limited |
761 | to, consideration of the increased use of distance learning, |
762 | agreements for the innovative use of facilities, and other |
763 | innovative partnerships and programs that would improve access |
764 | to workforce education. |
765 | (f) Recommendations for improvements to guidance |
766 | counseling and advising to ensure that all students in the K-12 |
767 | system are properly informed and prepared for their future |
768 | careers regardless of whether they intend to train for those |
769 | careers in a traditional college setting or through workforce |
770 | education. Recommendations shall address the effect of students |
771 | receiving guidance and advising beginning at the middle school |
772 | level that balances the postsecondary academic and workforce |
773 | education options available to students. Recommendations shall |
774 | reflect a consideration of best practices and innovative models |
775 | for student advisement. Recommendations shall also include |
776 | opportunities for state and local educational entities to |
777 | partner with business and industry to align existing guidance |
778 | counseling and advising resources with other agencies and |
779 | organizations and to develop an intensive marketing campaign to |
780 | attract high school students into postsecondary education |
781 | programs leading to careers that are of critical need to the |
782 | state. The recommendations shall include a timeline for |
783 | implementation to be completed no later than July 1, 2005. |
784 | (5) The Department of Education shall provide staff |
785 | assistance and resources to assist the study group in preparing |
786 | recommendations. |
787 | Section 13. Paragraph (a) of subsection (4) of section |
788 | 20.18, Florida Statutes, is amended to read: |
789 | 20.18 Department of Community Affairs.--There is created a |
790 | Department of Community Affairs. |
791 | (4) In addition to its other powers, duties, and |
792 | functions, the department shall, under the general supervision |
793 | of the secretary and the Interdepartmental Coordinating Council |
794 | on Community Services, assist and encourage the development of |
795 | state programs by the various departments for the productive use |
796 | of human resources, and the department shall work with other |
797 | state agencies in order that together they might: |
798 | (a) Effect the coordination, by the responsible agencies |
799 | of the state, of the career vocational, technical, and adult |
800 | educational programs of the state in order to provide the |
801 | maximum use and meaningful employment of persons completing |
802 | courses of study from such programs; |
803 | Section 14. Paragraph (a) of subsection (1) and subsection |
804 | (5) of section 110.1099, Florida Statutes, are amended to read: |
805 | 110.1099 Education and training opportunities for state |
806 | employees.-- |
807 | (1)(a) Education and training are an integral component in |
808 | improving the delivery of services to the public. Recognizing |
809 | that the application of productivity-enhancing technology and |
810 | practice demands continuous educational and training |
811 | opportunities, a state employee may be authorized to receive a |
812 | voucher or grant, for matriculation fees, to attend work-related |
813 | courses at public community colleges, public career technical |
814 | centers, or public universities. The department may implement |
815 | the provisions of this section from funds appropriated to the |
816 | department for this purpose. In the event insufficient funds are |
817 | appropriated to the department, each state agency may supplement |
818 | these funds to support the training and education needs of its |
819 | employees from funds appropriated to the agency. |
820 | (5) The Department of Management Services, in consultation |
821 | with the agencies and, to the extent applicable, with Florida's |
822 | public community colleges, public career technical centers, and |
823 | public universities, shall adopt rules to administer this |
824 | section. |
825 | Section 15. Subsection (3) of section 112.19, Florida |
826 | Statutes, as amended by section 1 of chapter 2002-191, Laws of |
827 | Florida, is amended to read: |
828 | 112.19 Law enforcement, correctional, and correctional |
829 | probation officers; death benefits.-- |
830 | (3) If a law enforcement, correctional, or correctional |
831 | probation officer is accidentally killed as specified in |
832 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
833 | intentionally killed as specified in paragraph (2)(c) on or |
834 | after July 1, 1980, the state shall waive certain educational |
835 | expenses that the child or spouse of the deceased officer incurs |
836 | while obtaining a career vocational-technical certificate, an |
837 | undergraduate education, or a postgraduate education. The amount |
838 | waived by the state shall be an amount equal to the cost of |
839 | tuition and matriculation and registration fees for a total of |
840 | 120 credit hours. The child or spouse may attend a state career |
841 | center vocational-technical school, a state community college, |
842 | or a state university. The child or spouse may attend any or all |
843 | of the institutions specified in this subsection, on either a |
844 | full-time or part-time basis. The benefits provided to a child |
845 | under this subsection shall continue until the child's 25th |
846 | birthday. The benefits provided to a spouse under this |
847 | subsection must commence within 5 years after the death occurs, |
848 | and entitlement thereto shall continue until the 10th |
849 | anniversary of that death. |
850 | (a) Upon failure of any child or spouse benefited by the |
851 | provisions of this subsection to comply with the ordinary and |
852 | minimum requirements of the institution attended, both as to |
853 | discipline and scholarship, the benefits shall be withdrawn as |
854 | to the child or spouse and no further moneys may be expended for |
855 | the child's or spouse's benefits so long as such failure or |
856 | delinquency continues. |
857 | (b) Only a student in good standing in his or her |
858 | respective institution may receive the benefits thereof. |
859 | (c) A child or spouse receiving benefits under this |
860 | subsection must be enrolled according to the customary rules and |
861 | requirements of the institution attended. |
862 | Section 16. Subsection (3) of section 112.19, Florida |
863 | Statutes, as amended by section 1 of chapter 2002-232, Laws of |
864 | Florida, as amended by section 9 of chapter 2003-1, Laws of |
865 | Florida, is amended to read: |
866 | 112.19 Law enforcement, correctional, and correctional |
867 | probation officers; death benefits.-- |
868 | (3) If a law enforcement, correctional, or correctional |
869 | probation officer is accidentally killed as specified in |
870 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
871 | intentionally killed as specified in paragraph (2)(c) on or |
872 | after July 1, 1980, the state shall waive certain educational |
873 | expenses that children of the deceased officer incur while |
874 | obtaining a career vocational-technical certificate, an |
875 | undergraduate education, or a graduate or postbaccalaureate |
876 | professional degree. The amount waived by the state shall be an |
877 | amount equal to the cost of tuition, matriculation, and other |
878 | statutorily authorized fees for a total of 120 credit hours for |
879 | a career vocational-technical certificate or an undergraduate |
880 | education. For a child pursuing a graduate or postbaccalaureate |
881 | professional degree, the amount waived shall equal the cost of |
882 | matriculation and other statutorily authorized fees incurred |
883 | while the child continues to fulfill the professional |
884 | requirements associated with the graduate or postbaccalaureate |
885 | professional degree program, and eligibility continues until the |
886 | child's 29th birthday. The child may attend a state career |
887 | center vocational-technical school, a state community college, |
888 | or a state university. The child may attend any or all of the |
889 | institutions specified in this subsection, on either a full-time |
890 | or part-time basis. For a child pursuing a career vocational- |
891 | technical certificate or an undergraduate education, the |
892 | benefits provided under this subsection shall continue to the |
893 | child until the child's 25th birthday. To be eligible for the |
894 | benefits provided under this subsection for enrollment in a |
895 | graduate or postbaccalaureate professional degree program, the |
896 | child must be a state resident, as defined in s. 1009.21, at the |
897 | time of enrollment. |
898 | (a) Upon failure of any child benefited by the provisions |
899 | of this section to comply with the ordinary and minimum |
900 | requirements of the institution attended, both as to discipline |
901 | and scholarship, the benefits shall be withdrawn as to the child |
902 | and no further moneys may be expended for the child's benefits |
903 | so long as such failure or delinquency continues. |
904 | (b) Only a student in good standing in his or her |
905 | respective institution may receive the benefits thereof. |
906 | (c) A child receiving benefits under this section must be |
907 | enrolled according to the customary rules and requirements of |
908 | the institution attended. |
909 | Section 17. Subsection (3) of section 112.191, Florida |
910 | Statutes, as amended by section 2 of chapter 2002-191, Laws of |
911 | Florida, is amended to read: |
912 | 112.191 Firefighters; death benefits.-- |
913 | (3) If a firefighter is accidentally killed as specified |
914 | in paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
915 | intentionally killed as specified in paragraph (2)(c), on or |
916 | after July 1, 1980, the state shall waive certain educational |
917 | expenses that the child or spouse of the deceased firefighter |
918 | incurs while obtaining a career vocational-technical |
919 | certificate, an undergraduate education, or a postgraduate |
920 | education. The amount waived by the state shall be an amount |
921 | equal to the cost of tuition and matriculation and registration |
922 | fees for a total of 120 credit hours. The child or spouse may |
923 | attend a state career center vocational-technical school, a |
924 | state community college, or a state university. The child or |
925 | spouse may attend any or all of the institutions specified in |
926 | this subsection, on either a full-time or part-time basis. The |
927 | benefits provided to a child under this subsection shall |
928 | continue until the child's 25th birthday. The benefits provided |
929 | to a spouse under this subsection must commence within 5 years |
930 | after the death occurs, and entitlement thereto shall continue |
931 | until the 10th anniversary of that death. |
932 | (a) Upon failure of any child or spouse benefited by the |
933 | provisions of this subsection to comply with the ordinary and |
934 | minimum requirements of the institution attended, both as to |
935 | discipline and scholarship, the benefits thereof shall be |
936 | withdrawn as to the child or spouse and no further moneys |
937 | expended for the child's or spouse's benefits so long as such |
938 | failure or delinquency continues. |
939 | (b) Only students in good standing in their respective |
940 | institutions shall receive the benefits thereof. |
941 | (c) A child or spouse receiving benefits under this |
942 | subsection must be enrolled according to the customary rules and |
943 | requirements of the institution attended. |
944 | Section 18. Subsection (3) of section 112.191, Florida |
945 | Statutes, as amended by section 2 of chapter 2002-232, Laws of |
946 | Florida, as amended by section 10 of chapter 2003-1, Laws of |
947 | Florida, is amended to read: |
948 | 112.191 Firefighters; death benefits.-- |
949 | (3) If a firefighter is accidentally killed as specified |
950 | in paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
951 | intentionally killed as specified in paragraph (2)(c), on or |
952 | after July 1, 1980, the state shall waive certain educational |
953 | expenses that children of the deceased firefighter incur while |
954 | obtaining a career vocational-technical certificate, an |
955 | undergraduate education, or a graduate or postbaccalaureate |
956 | professional degree. The amount waived by the state shall be an |
957 | amount equal to the cost of tuition, matriculation, and other |
958 | statutorily authorized fees for a total of 120 credit hours for |
959 | a career vocational-technical certificate or an undergraduate |
960 | education. For a child pursuing a graduate or postbaccalaureate |
961 | professional degree, the amount waived shall equal the cost of |
962 | matriculation and other statutorily authorized fees incurred |
963 | while the child continues to fulfill the professional |
964 | requirements associated with the graduate or postbaccalaureate |
965 | professional degree program, and eligibility continues until the |
966 | child's 29th birthday. The child may attend a state career |
967 | center vocational-technical school, a state community college, |
968 | or a state university. The child may attend any or all of the |
969 | institutions specified in this subsection, on either a full-time |
970 | or part-time basis. For a child pursuing a career vocational- |
971 | technical certificate or an undergraduate education, the |
972 | benefits provided under this subsection shall continue to such a |
973 | child until the child's 25th birthday. To be eligible for the |
974 | benefits provided under this subsection for enrollment in a |
975 | graduate or postbaccalaureate professional degree program, the |
976 | child must be a state resident, as defined in s. 1009.21, at the |
977 | time of enrollment. |
978 | (a) Upon failure of any child benefited by the provisions |
979 | of this section to comply with the ordinary and minimum |
980 | requirements of the institution attended, both as to discipline |
981 | and scholarship, the benefits thereof shall be withdrawn as to |
982 | the child and no further moneys expended for the child's |
983 | benefits so long as such failure or delinquency continues. |
984 | (b) Only students in good standing in their respective |
985 | institutions shall receive the benefits thereof. |
986 | (c) All children receiving benefits under this section |
987 | shall be enrolled according to the customary rules and |
988 | requirements of the institution attended. |
989 | Section 19. Paragraph (d) of subsection (3) of section |
990 | 112.1915, Florida Statutes, is amended to read: |
991 | 112.1915 Teachers and school administrators; death |
992 | benefits.--Any other provision of law to the contrary |
993 | notwithstanding: |
994 | (3) If a teacher or school administrator dies under the |
995 | conditions in subsection (2), benefits shall be provided as |
996 | follows: |
997 | (d) Waiver of certain educational expenses which children |
998 | of the deceased teacher or school administrator incur while |
999 | obtaining a career vocational-technical certificate or an |
1000 | undergraduate education shall be according to conditions set |
1001 | forth in this paragraph. The amount waived by the state shall be |
1002 | an amount equal to the cost of tuition and matriculation and |
1003 | registration fees for a total of 120 credit hours at a |
1004 | university. The child may attend a state career center |
1005 | vocational-technical school, a state community college, or a |
1006 | state university. The child may attend any or all of the |
1007 | institutions specified in this paragraph, on either a full-time |
1008 | or part-time basis. The benefits provided under this paragraph |
1009 | shall continue to the child until the child's 25th birthday. |
1010 | 1. Upon failure of any child benefited by the provisions |
1011 | of this paragraph to comply with the ordinary and minimum |
1012 | requirements of the institution attended, both as to discipline |
1013 | and scholarship, the benefits shall be withdrawn as to the child |
1014 | and no further moneys may be expended for the child's benefits |
1015 | so long as such failure or delinquency continues. |
1016 | 2. A student who becomes eligible for benefits under the |
1017 | provisions of this paragraph while enrolled in an institution |
1018 | must be in good standing with the institution to receive the |
1019 | benefits provided herein. |
1020 | 3. A child receiving benefits under this paragraph must be |
1021 | enrolled according to the customary rules and requirements of |
1022 | the institution attended. |
1023 | Section 20. Subsection (3) of section 238.01, Florida |
1024 | Statutes, is amended to read: |
1025 | 238.01 Definitions.--The following words and phrases as |
1026 | used in this chapter shall have the following meanings unless a |
1027 | different meaning is plainly required by the context: |
1028 | (3) "Teacher" means any member of the teaching or |
1029 | professional staff and any certificated employee of any public |
1030 | free school, of any district school system and career center |
1031 | vocational school, any member of the teaching or professional |
1032 | staff of the Florida School for the Deaf and Blind, child |
1033 | training schools of the Department of Juvenile Justice, the |
1034 | Department of Corrections, and any tax-supported institution of |
1035 | higher learning of the state, and any member and any certified |
1036 | employee of the Department of Education, any certified employee |
1037 | of the retirement system, any full-time employee of any |
1038 | nonprofit professional association or corporation of teachers |
1039 | functioning in Florida on a statewide basis, which seeks to |
1040 | protect and improve public school opportunities for children and |
1041 | advance the professional and welfare status of its members, any |
1042 | person now serving as superintendent, or who was serving as |
1043 | county superintendent of public instruction on July 1, 1939, and |
1044 | any hereafter duly elected or appointed superintendent, who |
1045 | holds a valid Florida teachers' certificate. In all cases of |
1046 | doubt the Department of Management Services shall determine |
1047 | whether any person is a teacher as defined herein. |
1048 | Section 21. Paragraph (b) of subsection (7), paragraph (c) |
1049 | of subsection (8), and paragraph (b) of subsection (9) of |
1050 | section 250.10, Florida Statutes, are amended to read: |
1051 | 250.10 Appointment and duties of the Adjutant General.-- |
1052 | (7) The Adjutant General and the State Board of Education |
1053 | shall develop education assistance programs for members in good |
1054 | standing of the active Florida National Guard who enroll in a |
1055 | public institution of higher learning in the state. |
1056 | (b) The programs shall define those members of the active |
1057 | Florida National Guard who are ineligible to participate in the |
1058 | program and those courses of study which are not authorized for |
1059 | the program. |
1060 | 1. Such members include, but are not limited to: |
1061 | a. Any member, commissioned officer, warrant officer, or |
1062 | enlisted person who has a baccalaureate degree. |
1063 | b. Any member who has 15 years or more of total military |
1064 | service creditable toward retirement. |
1065 | c. Any member who has not completed basic military |
1066 | training. |
1067 | 2. Courses not authorized include noncredit courses, |
1068 | courses that do not meet degree requirements, or courses that do |
1069 | not meet requirements for completion of career vocational- |
1070 | technical training. |
1071 | (8) The Department of Military Affairs may administer a |
1072 | tuition exemption program, known as the State Tuition Exemption |
1073 | Program (STEP), for members of the Florida National Guard who |
1074 | qualify pursuant to subsection (7). |
1075 | (c) Courses not authorized include noncredit courses, |
1076 | courses that do not meet degree requirements, or courses that do |
1077 | not meet requirements for completing career vocational-technical |
1078 | training. |
1079 | (9) Subject to appropriations, the Department of Military |
1080 | Affairs may pay the full cost of tuition and fees for required |
1081 | courses for members of the Florida National Guard who enlist |
1082 | after June 30, 1997. This program shall be known as the |
1083 | Educational Dollars for Duty program (EDD) and is the primary |
1084 | program for these members. |
1085 | (b) Courses not authorized include noncredit courses, |
1086 | courses that do not meet the degree requirements, or courses |
1087 | that do not meet requirements for completing career vocational- |
1088 | technical training. |
1089 | Section 22. Subsection (1) of section 250.482, Florida |
1090 | Statutes, is amended to read: |
1091 | 250.482 Troops ordered into state active service; not to |
1092 | be penalized by employers and postsecondary institutions.-- |
1093 | (1) If a member of the Florida National Guard is ordered |
1094 | into state active duty pursuant to this chapter, a private or |
1095 | public employer, or an employing or appointing authority of this |
1096 | state, its counties, school districts, municipalities, political |
1097 | subdivisions, career centers vocational or technical schools, |
1098 | community colleges, or universities, may not discharge, |
1099 | reprimand, or in any other way penalize such member because of |
1100 | his or her absence by reason of state active duty. |
1101 | Section 23. Subsection (3) of section 288.047, Florida |
1102 | Statutes, is amended to read: |
1103 | 288.047 Quick-response training for economic |
1104 | development.-- |
1105 | (3) Requests for funding through the Quick-Response |
1106 | Training Program may be produced through inquiries from a |
1107 | specific business or industry, inquiries from a school district |
1108 | director of career education or community college occupational |
1109 | dean on behalf of a business or industry, or through official |
1110 | state or local economic development efforts. In allocating funds |
1111 | for the purposes of the program, Workforce Florida, Inc., shall |
1112 | establish criteria for approval of requests for funding and |
1113 | shall select the entity that provides the most efficient, cost- |
1114 | effective instruction meeting such criteria. Program funds may |
1115 | be allocated to any career area technical center, community |
1116 | college, or state university. Program funds may be allocated to |
1117 | private postsecondary institutions only upon a review that |
1118 | includes, but is not limited to, accreditation and licensure |
1119 | documentation and prior approval by Workforce Florida, Inc. |
1120 | Instruction funded through the program must terminate when |
1121 | participants demonstrate competence at the level specified in |
1122 | the request; however, the grant term may not exceed 24 months. |
1123 | Costs and expenditures for the Quick-Response Training Program |
1124 | must be documented and separated from those incurred by the |
1125 | training provider. |
1126 | Section 24. Subsection (1) of section 288.9511, Florida |
1127 | Statutes, is amended to read: |
1128 | 288.9511 Definitions.--As used in ss. 288.9511-288.9517, |
1129 | the term: |
1130 | (1) "Educational institutions" means Florida career |
1131 | centers technical institutes and vocational schools, and public |
1132 | and private community colleges, colleges, and universities in |
1133 | the state. |
1134 | Section 25. Subsection (1) of section 292.05, Florida |
1135 | Statutes, is amended to read: |
1136 | 292.05 Duties of Department of Veterans' Affairs.-- |
1137 | (1) The Department of Veterans' Affairs shall provide |
1138 | assistance to all former, present, and future members of the |
1139 | Armed Forces of the United States and their dependents in |
1140 | preparing claims for and securing such compensation, |
1141 | hospitalization, career vocational training, and other benefits |
1142 | or privileges to which such persons or any of them are or may |
1143 | become entitled under any federal or state law or regulation by |
1144 | reason of their service in the Armed Forces of the United |
1145 | States. All services rendered under this subsection shall be |
1146 | without charge to the claimant. |
1147 | Section 26. Section 292.10, Florida Statutes, is amended |
1148 | to read: |
1149 | 292.10 Local governing bodies authorized to assist war |
1150 | veterans; powers.--The board of county commissioners of each |
1151 | county and the governing body of each city in the state are |
1152 | hereby granted full and complete power and authority to aid and |
1153 | assist wherever practical and feasible the veterans, male and |
1154 | female, who have served in the Armed Forces of the United States |
1155 | in any war and received an honorable discharge from any branch |
1156 | of the military service of the United States, and their |
1157 | dependents, in presenting claims for and securing such |
1158 | compensation, hospitalization, education, loans, career |
1159 | vocational training, and other benefits or privileges to which |
1160 | said veterans, or any of them, are or may become entitled under |
1161 | any federal or state law or regulation by reason of their |
1162 | service in the Armed Forces of the United States. |
1163 | Section 27. Section 295.02, Florida Statutes, is amended |
1164 | to read: |
1165 | 295.02 Use of funds; age, etc.--All sums appropriated and |
1166 | expended under this chapter shall be used to pay tuition and |
1167 | registration fees, board, and room rent and to buy books and |
1168 | supplies for the children of deceased or disabled veterans or |
1169 | service members, as defined and limited in s. 295.01, s. |
1170 | 295.016, s. 295.017, s. 295.018, or s. 295.0195, or of parents |
1171 | classified as prisoners of war or missing in action, as defined |
1172 | and limited in s. 295.015, who are between the ages of 16 and 22 |
1173 | years and who are in attendance at a state-supported institution |
1174 | of higher learning, including a community college or career |
1175 | center vocational-technical school. Any child having entered |
1176 | upon a course of training or education under the provisions of |
1177 | this chapter, consisting of a course of not more than 4 years, |
1178 | and arriving at the age of 22 years before the completion of |
1179 | such course may continue the course and receive all benefits of |
1180 | the provisions of this chapter until the course is completed. |
1181 | The Department of Education shall administer this educational |
1182 | program subject to regulations of the department. |
1183 | Section 28. Subsections (1) and (2) of section 295.125, |
1184 | Florida Statutes, are amended to read: |
1185 | 295.125 Preference for admission to career vocational |
1186 | training.-- |
1187 | (1) It is the intent of the Legislature through enactment |
1188 | of this section to assist returning veterans of the Southeast |
1189 | Asian conflict to train themselves for a civilian future. |
1190 | Although the provisions of this section apply only to state- |
1191 | supported career center vocational-technical facilities and |
1192 | programs, it is the further intent of the Legislature to |
1193 | encourage privately supported career vocational-technical |
1194 | schools and centers to join with the state in assisting our |
1195 | returning veterans by providing preferences for them in |
1196 | admission procedures and standards. |
1197 | (2) In determining order of admission or acceptance for |
1198 | students, every career vocational training center, vocational- |
1199 | technical school, or career vocational program which receives |
1200 | state funding or support shall give preference as provided in |
1201 | subsection (3) to a person who served in the Armed Forces of the |
1202 | United States at any time during the Vietnam Era, as defined in |
1203 | s. 1.01(14), and who has been separated therefrom under |
1204 | honorable conditions, if such person's enrollment is directly |
1205 | related to his or her present employment or to his or her |
1206 | securing employment. |
1207 | Section 29. Paragraph (d) of subsection (3) of section |
1208 | 339.0805, Florida Statutes, is amended to read: |
1209 | 339.0805 Funds to be expended with certified disadvantaged |
1210 | business enterprises; specified percentage to be expended; |
1211 | construction management development program; bond guarantee |
1212 | program.--It is the policy of the state to meaningfully assist |
1213 | socially and economically disadvantaged business enterprises |
1214 | through a program that will provide for the development of |
1215 | skills through construction and business management training, as |
1216 | well as by providing contracting opportunities and financial |
1217 | assistance in the form of bond guarantees, to primarily remedy |
1218 | the effects of past economic disparity. |
1219 | (3) The head of the department is authorized to expend up |
1220 | to 6 percent of the funds specified in subsection (1) which are |
1221 | designated to be expended on small business firms owned and |
1222 | controlled by socially and economically disadvantaged |
1223 | individuals to conduct, by contract or otherwise, a construction |
1224 | management development program. Participation in the program |
1225 | will be limited to those firms which are certified under the |
1226 | provisions of subsection (1) by the department or the federal |
1227 | Small Business Administration or to any firm which has annual |
1228 | gross receipts not exceeding $2 million averaged over a 3-year |
1229 | period. The program will consist of classroom instruction and |
1230 | on-the-job instruction. To the extent feasible, the registration |
1231 | fee shall be set to cover the cost of instruction and overhead. |
1232 | No salary will be paid to any participant. |
1233 | (d) The department shall develop, under contract with the |
1234 | State University System, the community college system, a school |
1235 | district in behalf of its career vocational-technical center, or |
1236 | a private consulting firm, a curriculum for instruction in the |
1237 | courses that will lead to a certification of proficiency in the |
1238 | construction management development program. |
1239 | Section 30. Subsection (7) of section 364.508, Florida |
1240 | Statutes, is amended to read: |
1241 | 364.508 Definitions.--As used in this part: |
1242 | (7) "Eligible facilities" means all approved campuses and |
1243 | instructional centers of all public universities, public |
1244 | community colleges, career area technical centers, public |
1245 | elementary schools, middle schools, and high schools, including |
1246 | school administrative offices, public libraries, teaching |
1247 | hospitals, the research institute described in s. 1004.43, and |
1248 | rural public hospitals as defined in s. 395.602. If no rural |
1249 | public hospital exists in a community, the public health clinic |
1250 | which is responsible for individuals before they can be |
1251 | transferred to a regional hospital shall be considered eligible. |
1252 | Section 31. Section 376.0705, Florida Statutes, is amended |
1253 | to read: |
1254 | 376.0705 Development of training programs and educational |
1255 | materials.--The department shall encourage the development of |
1256 | training programs for personnel needed for pollutant discharge |
1257 | prevention and cleanup activities. The department shall work |
1258 | with accredited community colleges, career vocational-technical |
1259 | centers, state universities, and private institutions in |
1260 | developing educational materials, courses of study, and other |
1261 | such information to be made available for persons seeking to be |
1262 | trained for pollutant discharge prevention and cleanup |
1263 | activities. |
1264 | Section 32. Paragraph (k) of subsection (3) of section |
1265 | 380.0651, Florida Statutes, is amended to read: |
1266 | 380.0651 Statewide guidelines and standards.-- |
1267 | (3) The following statewide guidelines and standards shall |
1268 | be applied in the manner described in s. 380.06(2) to determine |
1269 | whether the following developments shall be required to undergo |
1270 | development-of-regional-impact review: |
1271 | (k) Schools.-- |
1272 | 1. The proposed construction of any public, private, or |
1273 | proprietary postsecondary educational campus which provides for |
1274 | a design population of more than 5,000 full-time equivalent |
1275 | students, or the proposed physical expansion of any public, |
1276 | private, or proprietary postsecondary educational campus having |
1277 | such a design population that would increase the population by |
1278 | at least 20 percent of the design population. |
1279 | 2. As used in this paragraph, "full-time equivalent |
1280 | student" means enrollment for 15 or more quarter hours during a |
1281 | single academic semester. In career centers technical schools or |
1282 | other institutions which do not employ semester hours or quarter |
1283 | hours in accounting for student participation, enrollment for 18 |
1284 | contact hours shall be considered equivalent to one quarter |
1285 | hour, and enrollment for 27 contact hours shall be considered |
1286 | equivalent to one semester hour. |
1287 | 3. This paragraph does not apply to institutions which are |
1288 | the subject of a campus master plan adopted by the university |
1289 | board of trustees pursuant to s. 1013.30. |
1290 | Section 33. Paragraph (d) of subsection (2) of section |
1291 | 402.305, Florida Statutes, is amended to read: |
1292 | 402.305 Licensing standards; child care facilities.-- |
1293 | (2) PERSONNEL.--Minimum standards for child care personnel |
1294 | shall include minimum requirements as to: |
1295 | (d) Minimum training requirements for child care |
1296 | personnel. |
1297 | 1. Such minimum standards for training shall ensure that |
1298 | all child care personnel take an approved 40-clock-hour |
1299 | introductory course in child care, which course covers at least |
1300 | the following topic areas: |
1301 | a. State and local rules and regulations which govern |
1302 | child care. |
1303 | b. Health, safety, and nutrition. |
1304 | c. Identifying and reporting child abuse and neglect. |
1305 | d. Child development, including typical and atypical |
1306 | language, cognitive, motor, social, and self-help skills |
1307 | development. |
1308 | e. Observation of developmental behaviors, including using |
1309 | a checklist or other similar observation tools and techniques to |
1310 | determine the child's developmental age level. |
1311 | f. Specialized areas, including computer technology for |
1312 | professional and classroom use and early literacy and language |
1313 | development of children from birth to 5 years of age, as |
1314 | determined by the department, for owner-operators and child care |
1315 | personnel of a child care facility. |
1316 |
|
1317 | Within 90 days after employment, child care personnel shall |
1318 | begin training to meet the training requirements. Child care |
1319 | personnel shall successfully complete such training within 1 |
1320 | year after the date on which the training began, as evidenced by |
1321 | passage of a competency examination. Successful completion of |
1322 | the 40-clock-hour introductory course shall articulate into |
1323 | community college credit in early childhood education, pursuant |
1324 | to ss. 1007.24 and 1007.25. Exemption from all or a portion of |
1325 | the required training shall be granted to child care personnel |
1326 | based upon educational credentials or passage of competency |
1327 | examinations. Child care personnel possessing a 2-year degree or |
1328 | higher that includes 6 college credit hours in early childhood |
1329 | development or child growth and development, or a child |
1330 | development associate credential or an equivalent state-approved |
1331 | child development associate credential, or a child development |
1332 | associate waiver certificate shall be automatically exempted |
1333 | from the training requirements in sub-subparagraphs b., d., and |
1334 | e. |
1335 | 2. The introductory course in child care shall stress, to |
1336 | the extent possible, an interdisciplinary approach to the study |
1337 | of children. |
1338 | 3. On an annual basis in order to further their child care |
1339 | skills and, if appropriate, administrative skills, child care |
1340 | personnel who have fulfilled the requirements for the child care |
1341 | training shall be required to take an additional 1 continuing |
1342 | education unit of approved inservice training, or 10 clock hours |
1343 | of equivalent training, as determined by the department. |
1344 | 4. Child care personnel shall be required to complete 0.5 |
1345 | continuing education unit of approved training or 5 clock hours |
1346 | of equivalent training, as determined by the department, in |
1347 | early literacy and language development of children from birth |
1348 | to 5 years of age one time. The year that this training is |
1349 | completed, it shall fulfill the 0.5 continuing education unit or |
1350 | 5 clock hours of the annual training required in subparagraph 3. |
1351 | 5. Procedures for ensuring the training of qualified child |
1352 | care professionals to provide training of child care personnel, |
1353 | including onsite training, shall be included in the minimum |
1354 | standards. It is recommended that the state community child care |
1355 | coordination agencies (central agencies) be contracted by the |
1356 | department to coordinate such training when possible. Other |
1357 | district educational resources, such as community colleges and |
1358 | career vocational-technical programs, can be designated in such |
1359 | areas where central agencies may not exist or are determined not |
1360 | to have the capability to meet the coordination requirements set |
1361 | forth by the department. |
1362 | 6. Training requirements shall not apply to certain |
1363 | occasional or part-time support staff, including, but not |
1364 | limited to, swimming instructors, piano teachers, dance |
1365 | instructors, and gymnastics instructors. |
1366 | 7. The department shall evaluate or contract for an |
1367 | evaluation for the general purpose of determining the status of |
1368 | and means to improve staff training requirements and testing |
1369 | procedures. The evaluation shall be conducted every 2 years. The |
1370 | evaluation shall include, but not be limited to, determining the |
1371 | availability, quality, scope, and sources of current staff |
1372 | training; determining the need for specialty training; and |
1373 | determining ways to increase inservice training and ways to |
1374 | increase the accessibility, quality, and cost-effectiveness of |
1375 | current and proposed staff training. The evaluation methodology |
1376 | shall include a reliable and valid survey of child care |
1377 | personnel. |
1378 | 8. The child care operator shall be required to take basic |
1379 | training in serving children with disabilities within 5 years |
1380 | after employment, either as a part of the introductory training |
1381 | or the annual 8 hours of inservice training. |
1382 | Section 34. Subsections (3) and (4) of section 402.3051, |
1383 | Florida Statutes, are amended to read: |
1384 | 402.3051 Child care market rate reimbursement; child care |
1385 | grants.-- |
1386 | (3) The department may provide child care grants to |
1387 | central agencies, community colleges, and career |
1388 | vocational/technical programs for the purpose of providing |
1389 | support and technical assistance to licensed child care |
1390 | providers. |
1391 | (4) The department may use the state community child care |
1392 | coordination agencies (central agencies), community colleges, |
1393 | and career vocational/technical programs to implement this |
1394 | section. |
1395 | Section 35. Subsection (2) of section 403.716, Florida |
1396 | Statutes, is amended to read: |
1397 | 403.716 Training of operators of solid waste management |
1398 | and other facilities.-- |
1399 | (2) The department shall work with accredited community |
1400 | colleges, career vocational-technical centers, state |
1401 | universities, and private institutions in developing educational |
1402 | materials, courses of study, and other such information to be |
1403 | made available for persons seeking to be trained as operators of |
1404 | solid waste management facilities. |
1405 | Section 36. Subsection (8) of section 414.0252, Florida |
1406 | Statutes, is amended to read: |
1407 | 414.0252 Definitions.--As used in ss. 414.025-414.55, the |
1408 | term: |
1409 | (8) "Minor child" means a child under 18 years of age, or |
1410 | under 19 years of age if the child is a full-time student in a |
1411 | secondary school or at the equivalent level of career vocational |
1412 | or technical training, and does not include anyone who is |
1413 | married or divorced. |
1414 | Section 37. Subsection (11) of section 420.0004, Florida |
1415 | Statutes, is amended to read: |
1416 | 420.0004 Definitions.--As used in this part, unless the |
1417 | context otherwise indicates: |
1418 | (11) "Student" means any person not living with his or her |
1419 | parent or guardian who is eligible to be claimed by his or her |
1420 | parent or guardian as a dependent under the federal income tax |
1421 | code and who is enrolled on at least a half-time basis in a |
1422 | secondary school, career vocational-technical center, community |
1423 | college, college, or university. |
1424 | Section 38. Subsection (5) of section 420.524, Florida |
1425 | Statutes, is amended to read: |
1426 | 420.524 Definitions relating to Predevelopment Loan |
1427 | Program Act.--For the purpose of ss. 420.521-420.529, the term: |
1428 | (5) "Student" means any person not living with that |
1429 | person's parent or guardian who is eligible to be claimed by |
1430 | that person's parent or guardian as a dependent under the |
1431 | federal income tax code and who is enrolled on at least a half- |
1432 | time basis in a secondary school, career vocational-technical |
1433 | center, community college, college, or university. The term does |
1434 | not include a person participating in an educational or training |
1435 | program approved by the corporation. |
1436 | Section 39. Subsection (11) of section 420.602, Florida |
1437 | Statutes, is amended to read: |
1438 | 420.602 Definitions.--As used in this part, the following |
1439 | terms shall have the following meanings, unless the context |
1440 | otherwise requires: |
1441 | (11) "Student" means any person not living with his or her |
1442 | parent or guardian who is eligible to be claimed by his or her |
1443 | parent or guardian as a dependent under the federal income tax |
1444 | code and who is enrolled on at least a half-time basis in a |
1445 | secondary school, career vocational-technical center, community |
1446 | college, college, or university. |
1447 | Section 40. Paragraph (c) of subsection (1) of section |
1448 | 440.16, Florida Statutes, is amended to read: |
1449 | 440.16 Compensation for death.-- |
1450 | (1) If death results from the accident within 1 year |
1451 | thereafter or follows continuous disability and results from the |
1452 | accident within 5 years thereafter, the employer shall pay: |
1453 | (c) To the surviving spouse, payment of postsecondary |
1454 | student fees for instruction at any career area technical center |
1455 | established under s. 1001.44 for up to 1,800 classroom hours or |
1456 | payment of student fees at any community college established |
1457 | under part III of chapter 1004 for up to 80 semester hours. The |
1458 | spouse of a deceased state employee shall be entitled to a full |
1459 | waiver of such fees as provided in ss. 1009.22 and 1009.23 in |
1460 | lieu of the payment of such fees. The benefits provided for in |
1461 | this paragraph shall be in addition to other benefits provided |
1462 | for in this section and shall terminate 7 years after the death |
1463 | of the deceased employee, or when the total payment in eligible |
1464 | compensation under paragraph(b) has been received. To qualify |
1465 | for the educational benefit under this paragraph, the spouse |
1466 | shall be required to meet and maintain the regular admission |
1467 | requirements of, and be registered at, such career area |
1468 | technical center or community college, and make satisfactory |
1469 | academic progress as defined by the educational institution in |
1470 | which the student is enrolled. |
1471 | Section 41. Subsection (4) of section 443.171, Florida |
1472 | Statutes, is amended to read: |
1473 | 443.171 Agency for Workforce Innovation and commission; |
1474 | powers and duties; records and reports; proceedings; state- |
1475 | federal cooperation.-- |
1476 | (4) EMPLOYMENT STABILIZATION.--The Agency for Workforce |
1477 | Innovation, under the direction of Workforce Florida, Inc., |
1478 | shall take all appropriate steps to reduce and prevent |
1479 | unemployment; to encourage and assist in the adoption of |
1480 | practical methods of career vocational training, retraining, and |
1481 | career vocational guidance; to investigate, recommend, advise, |
1482 | and assist in the establishment and operation, by |
1483 | municipalities, counties, school districts, and the state, of |
1484 | reserves for public works to be used in times of business |
1485 | depression and unemployment; to promote the reemployment of the |
1486 | unemployed workers throughout the state in every other way that |
1487 | may be feasible; to refer any claimant entitled to extended |
1488 | benefits to suitable work which meets the criteria of this |
1489 | chapter; and, to these ends, to carry on and publish the results |
1490 | of investigations and research studies. |
1491 | Section 42. Subsection (2) of section 445.003, Florida |
1492 | Statutes, is amended to read: |
1493 | 445.003 Implementation of the federal Workforce Investment |
1494 | Act of 1998.-- |
1495 | (2) FIVE-YEAR PLAN.--Workforce Florida, Inc., shall |
1496 | prepare and submit a 5-year plan, which includes secondary |
1497 | career vocational education, to fulfill the early implementation |
1498 | requirements of Pub. L. No. 105-220 and applicable state |
1499 | statutes. Mandatory federal partners and optional federal |
1500 | partners shall be fully involved in designing the plan's one- |
1501 | stop delivery system strategy. The plan shall detail a process |
1502 | to clearly define each program's statewide duties and role |
1503 | relating to the system. Any optional federal partner may |
1504 | immediately choose to fully integrate its program's plan with |
1505 | this plan, which shall, notwithstanding any other state |
1506 | provisions, fulfill all their state planning and reporting |
1507 | requirements as they relate to the one-stop delivery system. The |
1508 | plan shall detail a process that would fully integrate all |
1509 | federally mandated and optional partners by the second year of |
1510 | the plan. All optional federal program partners in the planning |
1511 | process shall be mandatory participants in the second year of |
1512 | the plan. |
1513 | Section 43. Paragraphs (b) and (d) of subsection (6) of |
1514 | section 445.004, Florida Statutes, are amended to read: |
1515 | 445.004 Workforce Florida, Inc.; creation; purpose; |
1516 | membership; duties and powers.-- |
1517 | (6) Workforce Florida, Inc., may take action that it deems |
1518 | necessary to achieve the purposes of this section, including, |
1519 | but not limited to: |
1520 | (b) Establishing policy direction for a funding system |
1521 | that provides incentives to improve the outcomes of career |
1522 | vocational education programs, and of registered apprenticeship |
1523 | and work-based learning programs, and that focuses resources on |
1524 | occupations related to new or emerging industries that add |
1525 | greatly to the value of the state's economy. |
1526 | (d) Designating Institutes of Applied Technology composed |
1527 | of public and private postsecondary institutions working |
1528 | together with business and industry to ensure that career |
1529 | technical and vocational education programs use the most |
1530 | advanced technology and instructional methods available and |
1531 | respond to the changing needs of business and industry. |
1532 | Section 44. Paragraph (f) of subsection (8) of section |
1533 | 445.009, Florida Statutes, is amended to read: |
1534 | 445.009 One-stop delivery system.-- |
1535 | (8) |
1536 | (f) The accountability measures to be used in documenting |
1537 | competencies acquired by the participant during training shall |
1538 | be literacy completion points and occupational completion |
1539 | points. Literacy completion points refers to the academic or |
1540 | workforce readiness competencies that qualify a person for |
1541 | further basic education, career vocational education, or for |
1542 | employment. Occupational completion points refers to the career |
1543 | vocational competencies that qualify a person to enter an |
1544 | occupation that is linked to a career vocational program. |
1545 | Section 45. Subsections (5) and (9) of section 445.012, |
1546 | Florida Statutes, are amended to read: |
1547 | 445.012 Careers for Florida's Future Incentive Grant |
1548 | Program.-- |
1549 | (5) A recipient who is pursuing a baccalaureate degree |
1550 | shall receive $100 for each lower-division credit hour in which |
1551 | the student is enrolled at an eligible college or university, up |
1552 | to a maximum of $1,500 per semester, and $200 for each upper- |
1553 | division credit hour in which the student is enrolled at an |
1554 | eligible college or university, up to a maximum of $3,000 per |
1555 | semester. For purposes of this section, a student is pursuing a |
1556 | baccalaureate degree if he or she is in a program that |
1557 | articulates into a baccalaureate degree program by agreement of |
1558 | the Articulation Coordinating Committee. A student in an applied |
1559 | technology diploma program, a certificate career education |
1560 | program, or a degree career education program that does not |
1561 | articulate into a baccalaureate degree program shall receive $2 |
1562 | for each career vocational contact hour, or the equivalent, for |
1563 | certificate programs, or $60 for each credit hour, or the |
1564 | equivalent, for degree career education programs and applied |
1565 | technology programs for which the student is enrolled at an |
1566 | eligible college, career technical center, or nonpublic career |
1567 | education school. |
1568 | (9) Funds may not be used to pay for remedial, college- |
1569 | preparatory, or career-preparatory vocational-preparatory |
1570 | coursework. |
1571 | Section 46. Subsection (1) of section 445.0123, Florida |
1572 | Statutes, is amended to read: |
1573 | 445.0123 Eligible postsecondary education institutions.--A |
1574 | student is eligible for an award or the renewal of an award from |
1575 | the Careers for Florida's Future Incentive Grant Program if the |
1576 | student meets the requirements for the program as described in |
1577 | ss. 445.012-445.0125 and is enrolled in a postsecondary |
1578 | education institution that meets the description of any one of |
1579 | the following: |
1580 | (1) A public university, community college, or career |
1581 | technical center in this state. |
1582 | Section 47. Paragraph (g) of subsection (1) of section |
1583 | 445.024, Florida Statutes, is amended to read: |
1584 | 445.024 Work requirements.-- |
1585 | (1) WORK ACTIVITIES.--The following activities may be used |
1586 | individually or in combination to satisfy the work requirements |
1587 | for a participant in the temporary cash assistance program: |
1588 | (g) Career Vocational education or training.--Career |
1589 | Vocational education or training is education or training |
1590 | designed to provide participants with the skills and |
1591 | certification necessary for employment in an occupational area. |
1592 | Career Vocational education or training may be used as a primary |
1593 | program activity for participants when it has been determined |
1594 | that the individual has demonstrated compliance with other |
1595 | phases of program participation and successful completion of the |
1596 | career vocational education or training is likely to result in |
1597 | employment entry at a higher wage than the participant would |
1598 | have been likely to attain without completion of the career |
1599 | vocational education or training. Career Vocational education or |
1600 | training may be combined with other program activities and also |
1601 | may be used to upgrade skills or prepare for a higher paying |
1602 | occupational area for a participant who is employed. |
1603 | 1. Unless otherwise provided in this section, career |
1604 | vocational education shall not be used as the primary program |
1605 | activity for a period which exceeds 12 months. The 12-month |
1606 | restriction applies to instruction in a career education program |
1607 | and does not include remediation of basic skills, including |
1608 | English language proficiency, if remediation is necessary to |
1609 | enable a participant to benefit from a career education program. |
1610 | Any necessary remediation must be completed before a participant |
1611 | is referred to career vocational education as the primary work |
1612 | activity. In addition, use of career vocational education or |
1613 | training shall be restricted to the limitation established in |
1614 | federal law. Career Vocational education included in a program |
1615 | leading to a high school diploma shall not be considered career |
1616 | vocational education for purposes of this section. |
1617 | 2. When possible, a provider of career vocational |
1618 | education or training shall use funds provided by funding |
1619 | sources other than the regional workforce board. The regional |
1620 | workforce board may provide additional funds to a career |
1621 | vocational education or training provider only if payment is |
1622 | made pursuant to a performance-based contract. Under a |
1623 | performance-based contract, the provider may be partially paid |
1624 | when a participant completes education or training, but the |
1625 | majority of payment shall be made following the participant's |
1626 | employment at a specific wage or job retention for a specific |
1627 | duration. Performance-based payments made under this |
1628 | subparagraph are limited to education or training for targeted |
1629 | occupations identified by the Workforce Estimating Conference |
1630 | under s. 216.136, or other programs identified by Workforce |
1631 | Florida, Inc., as beneficial to meet the needs of designated |
1632 | groups who are hard to place. If the contract pays the full cost |
1633 | of training, the community college or school district may not |
1634 | report the participants for other state funding. |
1635 | Section 48. Paragraph (i) of subsection (7) of section |
1636 | 445.049, Florida Statutes, is amended to read: |
1637 | 445.049 Digital Divide Council.-- |
1638 | (7) PROGRAM OBJECTIVES AND GOALS.--The programs authorized |
1639 | by this section shall have the following objectives and goals: |
1640 | (i) Using information technology to enable members of at- |
1641 | risk families who are no longer enrolled in K-12 schools to |
1642 | obtain the education needed to achieve successful completion of |
1643 | general education development test preparation to earn a high |
1644 | school diploma, an applied technology diploma, a career |
1645 | vocational certificate, an associate of arts degree, or a |
1646 | baccalaureate degree. |
1647 | Section 49. Subsection (1) of section 446.011, Florida |
1648 | Statutes, is amended to read: |
1649 | 446.011 Legislative intent regarding apprenticeship |
1650 | training.-- |
1651 | (1) It is the intent of the State of Florida to provide |
1652 | educational opportunities for its young people so that they can |
1653 | be trained for trades, occupations, and professions suited to |
1654 | their abilities. It is the intent of this act to promote the |
1655 | mode of training known as apprenticeship in occupations |
1656 | throughout industry in the state that require physical |
1657 | manipulative skills. By broadening job training opportunities |
1658 | and providing for increased coordination between public school |
1659 | academic programs, career vocational programs, and registered |
1660 | apprenticeship programs, the young people of the state will |
1661 | benefit from the valuable training opportunities developed when |
1662 | on-the-job training is combined with academic-related classroom |
1663 | experiences. This act is intended to develop the apparent |
1664 | potentials in apprenticeship training by assisting in the |
1665 | establishment of preapprenticeship programs in the public school |
1666 | system and elsewhere and by expanding presently registered |
1667 | programs as well as promoting new registered programs in jobs |
1668 | that lend themselves to apprenticeship training. |
1669 | Section 50. Subsection (2) of section 446.052, Florida |
1670 | Statutes, is amended to read: |
1671 | 446.052 Preapprenticeship program.-- |
1672 | (2) The Division of Workforce Development of the |
1673 | Department of Education, under regulations established by the |
1674 | State Board of Education, is authorized to administer the |
1675 | provisions of ss. 446.011-446.092 that relate to |
1676 | preapprenticeship programs in cooperation with district school |
1677 | boards and community college district boards of trustees. |
1678 | District school boards, community college district boards of |
1679 | trustees, and registered program sponsors shall cooperate in |
1680 | developing and establishing programs that include career |
1681 | vocational instruction and general education courses required to |
1682 | obtain a high school diploma. |
1683 | Section 51. Subsection (5) of section 446.22, Florida |
1684 | Statutes, is amended to read: |
1685 | 446.22 Definitions.--As used in this act, the following |
1686 | words and phrases shall have the meanings set forth herein, |
1687 | except where the context otherwise requires: |
1688 | (5) "Educational facility" means any secondary school, |
1689 | community college, university, or career center vocational |
1690 | school participating in the program. |
1691 | Section 52. Paragraph (a) of subsection (2), paragraph (a) |
1692 | of subsection (3), and paragraph (a) of subsection (4) of |
1693 | section 475.17, Florida Statutes, are amended to read: |
1694 | 475.17 Qualifications for practice.-- |
1695 | (2)(a)1. In addition to other requirements under this |
1696 | part, the commission may require the satisfactory completion of |
1697 | one or more of the educational courses or equivalent courses |
1698 | conducted, offered, sponsored, prescribed, or approved pursuant |
1699 | to s. 475.04, taken at an accredited college, university, or |
1700 | community college, at a career an area technical center, or at a |
1701 | registered real estate school, as a condition precedent for any |
1702 | person to become licensed or to renew her or his license as a |
1703 | broker, broker associate, or sales associate. The course or |
1704 | courses required for one to become initially licensed shall not |
1705 | exceed a total of 63 classroom hours of 50 minutes each, |
1706 | inclusive of examination, for a sales associate and 72 classroom |
1707 | hours of 50 minutes each, inclusive of examination, for a |
1708 | broker. The satisfactory completion of an examination |
1709 | administered by the accredited college, university, or community |
1710 | college, by a career the area technical center, or by the |
1711 | registered real estate school shall be the basis for determining |
1712 | satisfactory completion of the course. However, notice of |
1713 | satisfactory completion shall not be issued if the student has |
1714 | absences in excess of 8 classroom hours. |
1715 | 2. A distance learning course or courses shall be approved |
1716 | by the commission as an option to classroom hours as |
1717 | satisfactory completion of the course or courses as required by |
1718 | this section. The schools authorized by this section have the |
1719 | option of providing classroom courses, distance learning |
1720 | courses, or both. However, satisfactory completion of a distance |
1721 | learning course requires the satisfactory completion of a timed |
1722 | distance learning course examination. Such examination shall not |
1723 | be required to be monitored or given at a centralized location. |
1724 | 3. Such required course or courses must be made available |
1725 | by correspondence or other suitable means to any person who, by |
1726 | reason of hardship, as defined by rule, cannot attend the place |
1727 | or places where the course or courses are regularly conducted or |
1728 | does not have access to the distance learning course or courses. |
1729 | (3)(a) The commission may prescribe a postlicensure |
1730 | education requirement in order for a person to maintain a valid |
1731 | sales associate's license, which shall not exceed 45 classroom |
1732 | hours of 50 minutes each, inclusive of examination, prior to the |
1733 | first renewal following initial licensure. If prescribed, this |
1734 | shall consist of one or more commission-approved courses which |
1735 | total at least 45 classroom hours on one or more subjects which |
1736 | include, but are not limited to, property management, appraisal, |
1737 | real estate finance, the economics of real estate management, |
1738 | marketing, technology, sales and listing of properties, business |
1739 | office management, courses teaching practical real estate |
1740 | application skills, development of business plans, marketing of |
1741 | property, and time management. Required postlicensure education |
1742 | courses must be provided by an accredited college, university, |
1743 | or community college, by a career an area technical center, by a |
1744 | registered real estate school, or by a commission-approved |
1745 | sponsor. |
1746 | (4)(a) The commission may prescribe a postlicensure |
1747 | education requirement in order for a person to maintain a valid |
1748 | broker's license, which shall not exceed 60 classroom hours of |
1749 | 50 minutes each, inclusive of examination, prior to the first |
1750 | renewal following initial licensure. If prescribed, this shall |
1751 | consist of one or more commission-approved courses which total |
1752 | at least 60 classroom hours on one or more subjects which |
1753 | include, but are not limited to, advanced appraisal, advanced |
1754 | property management, real estate marketing, business law, |
1755 | advanced real estate investment analyses, advanced legal |
1756 | aspects, general accounting, real estate economics, |
1757 | syndications, commercial brokerage, feasibility analyses, |
1758 | advanced real estate finance, residential brokerage, advanced |
1759 | marketing, technology, advanced business planning, time |
1760 | management, or real estate brokerage office operations. Required |
1761 | postlicensure education courses must be provided by an |
1762 | accredited college, university, or community college, by a |
1763 | career an area technical center, by a registered real estate |
1764 | school, or by a commission-approved sponsor. |
1765 | Section 53. Subsection (1) and paragraph (c) of subsection |
1766 | (2) of section 475.451, Florida Statutes, are amended to read: |
1767 | 475.451 Schools teaching real estate practice.-- |
1768 | (1) Each person, school, or institution, except approved |
1769 | and accredited colleges, universities, community colleges, and |
1770 | career area technical centers in this state, which offers or |
1771 | conducts any course of study in real estate practice, teaches |
1772 | any course prescribed by the commission as a condition precedent |
1773 | to licensure or renewal of licensure as a broker or sales |
1774 | associate, or teaches any course designed or represented to |
1775 | enable or assist applicants for licensure as brokers or sales |
1776 | associates to pass examinations for such licensure shall, before |
1777 | commencing or continuing further to offer or conduct such course |
1778 | or courses, obtain a permit from the department and abide by the |
1779 | regulations imposed upon such person, school, or institution by |
1780 | this chapter and rules of the commission adopted pursuant to |
1781 | this chapter. The exemption for colleges, universities, |
1782 | community colleges, and career area technical centers is limited |
1783 | to transferable college credit courses offered by such |
1784 | institutions. |
1785 | (2) An applicant for a permit to operate a proprietary |
1786 | real estate school, to be a chief administrator of a proprietary |
1787 | real estate school or a state institution, or to be an |
1788 | instructor for a proprietary real estate school or a state |
1789 | institution must meet the qualifications for practice set forth |
1790 | in s. 475.17(1) and the following minimal requirements: |
1791 | (c) "School instructor" means an individual who instructs |
1792 | persons in the classroom in noncredit college courses in a |
1793 | college, university, or community college or courses in a career |
1794 | an area technical center or proprietary real estate school. |
1795 | 1. Before commencing to provide such instruction, the |
1796 | applicant must certify the applicant's competency and obtain an |
1797 | instructor permit by meeting one of the following requirements: |
1798 | a. Hold a bachelor's degree in a business-related subject, |
1799 | such as real estate, finance, accounting, business |
1800 | administration, or its equivalent and hold a valid broker's |
1801 | license in this state. |
1802 | b. Hold a bachelor's degree, have extensive real estate |
1803 | experience, as defined by rule, and hold a valid broker's |
1804 | license in this state. |
1805 | c. Pass an instructor's examination approved by the |
1806 | commission. |
1807 | 2. Any requirement by the commission for a teaching |
1808 | demonstration or practical examination must apply to all school |
1809 | instructor applicants. |
1810 | 3. The department shall renew an instructor permit upon |
1811 | receipt of a renewal application and fee. The renewal |
1812 | application shall include proof that the permitholder has, since |
1813 | the issuance or renewal of the current permit, successfully |
1814 | completed a minimum of 7 classroom hours of instruction in real |
1815 | estate subjects or instructional techniques, as prescribed by |
1816 | the commission. The commission shall adopt rules providing for |
1817 | the renewal of instructor permits at least every 2 years. Any |
1818 | permit which is not renewed at the end of the permit period |
1819 | established by the department shall automatically revert to |
1820 | involuntarily inactive status. |
1821 |
|
1822 | The department may require an applicant to submit names of |
1823 | persons having knowledge concerning the applicant and the |
1824 | enterprise; may propound interrogatories to such persons and to |
1825 | the applicant concerning the character of the applicant, |
1826 | including the taking of fingerprints for processing through the |
1827 | Federal Bureau of Investigation; and shall make such |
1828 | investigation of the applicant or the school or institution as |
1829 | it may deem necessary to the granting of the permit. If an |
1830 | objection is filed, it shall be considered in the same manner as |
1831 | objections or administrative complaints against other applicants |
1832 | for licensure by the department. |
1833 | Section 54. Subsection (1), paragraph (b) of subsection |
1834 | (2), paragraph (b) of subsection (3), and paragraph (b) of |
1835 | subsection (4) of section 475.617, Florida Statutes, are amended |
1836 | to read: |
1837 | 475.617 Education and experience requirements.-- |
1838 | (1) To be registered as a trainee appraiser, an applicant |
1839 | must present evidence satisfactory to the board that she or he |
1840 | has successfully completed at least 75 hours of approved |
1841 | academic courses in subjects related to real estate appraisal, |
1842 | which shall include coverage of the Uniform Standards of |
1843 | Professional Appraisal Practice from a nationally recognized or |
1844 | state-recognized appraisal organization, career area technical |
1845 | center, accredited community college, college, or university, |
1846 | state or federal agency or commission, or proprietary real |
1847 | estate school that holds a permit pursuant to s. 475.451. The |
1848 | board may increase the required number of hours to not more than |
1849 | 100 hours. A classroom hour is defined as 50 minutes out of each |
1850 | 60-minute segment. Past courses may be approved on an hour-for- |
1851 | hour basis. |
1852 | (2) To be licensed as an appraiser, an applicant must |
1853 | present evidence satisfactory to the board that she or he: |
1854 | (b) Has successfully completed at least 90 classroom |
1855 | hours, inclusive of examination, of approved academic courses in |
1856 | subjects related to real estate appraisal, which shall include |
1857 | coverage of the Uniform Standards of Professional Appraisal |
1858 | Practice from a nationally recognized or state-recognized |
1859 | appraisal organization, career area technical center, accredited |
1860 | community college, college, or university, state or federal |
1861 | agency or commission, or proprietary real estate school that |
1862 | holds a permit pursuant to s. 475.451. The board may increase |
1863 | the required number of hours to not more than 120 hours. A |
1864 | classroom hour is defined as 50 minutes out of each 60-minute |
1865 | segment. Past courses may be approved by the board and |
1866 | substituted on an hour-for-hour basis. |
1867 | (3) To be certified as a residential appraiser, an |
1868 | applicant must present satisfactory evidence to the board that |
1869 | she or he: |
1870 | (b) Has successfully completed at least 120 classroom |
1871 | hours, inclusive of examination, of approved academic courses in |
1872 | subjects related to real estate appraisal, which shall include |
1873 | coverage of the Uniform Standards of Professional Appraisal |
1874 | Practice from a nationally recognized or state-recognized |
1875 | appraisal organization, career area technical center, accredited |
1876 | community college, college, or university, state or federal |
1877 | agency or commission, or proprietary real estate school that |
1878 | holds a permit pursuant to s. 475.451. The board may increase |
1879 | the required number of hours to not more than 165 hours. A |
1880 | classroom hour is defined as 50 minutes out of each 60-minute |
1881 | segment. Past courses may be approved by the board and |
1882 | substituted on an hour-for-hour basis. |
1883 | (4) To be certified as a general appraiser, an applicant |
1884 | must present evidence satisfactory to the board that she or he: |
1885 | (b) Has successfully completed at least 180 classroom |
1886 | hours, inclusive of examination, of approved academic courses in |
1887 | subjects related to real estate appraisal, which shall include |
1888 | coverage of the Uniform Standards of Professional Appraisal |
1889 | Practice from a nationally recognized or state-recognized |
1890 | appraisal organization, career area technical center, accredited |
1891 | community college, college, or university, state or federal |
1892 | agency or commission, or proprietary real estate school that |
1893 | holds a permit pursuant to s. 475.451. The board may increase |
1894 | the required number of hours to not more than 225 hours. A |
1895 | classroom hour is defined as 50 minutes out of each 60-minute |
1896 | segment. Past courses may be approved by the board and |
1897 | substituted on an hour-for-hour basis. |
1898 | Section 55. Subsection (1) of section 475.6175, Florida |
1899 | Statutes, is amended to read: |
1900 | 475.6175 Registered trainee appraiser; postlicensure |
1901 | education required.-- |
1902 | (1) The board shall prescribe postlicensure educational |
1903 | requirements in order for a person to maintain a valid |
1904 | registration as a registered trainee appraiser. If prescribed, |
1905 | the postlicensure educational requirements consist of one or |
1906 | more courses which total no more than the total educational |
1907 | hours required to qualify as a state certified residential |
1908 | appraiser. Such courses must be in subjects related to real |
1909 | estate appraisal and shall include coverage of the Uniform |
1910 | Standards of Professional Appraisal Practice. Such courses are |
1911 | provided by a nationally or state-recognized appraisal |
1912 | organization, career area technical center, accredited community |
1913 | college, college, or university, state or federal agency or |
1914 | commission, or proprietary real estate school that holds a |
1915 | permit pursuant to s. 475.451. |
1916 | Section 56. Paragraph (c) of subsection (1) of section |
1917 | 475.618, Florida Statutes, is amended to read: |
1918 | 475.618 Renewal of registration, license, certification, |
1919 | or instructor permit; continuing education.-- |
1920 | (1) |
1921 | (c) The board may authorize independent certification |
1922 | organizations to certify or approve the delivery method of |
1923 | distance learning courses. Certification from such authorized |
1924 | organizations must be provided at the time a distance learning |
1925 | course is submitted to the board by an accredited college, |
1926 | university, community college, career area technical center, |
1927 | proprietary real estate school, or board-approved sponsor for |
1928 | content approval. |
1929 | Section 57. Subsections (1) and (2) of section 475.627, |
1930 | Florida Statutes, are amended to read: |
1931 | 475.627 Appraisal course instructors.-- |
1932 | (1) Where the course or courses to be taught are |
1933 | prescribed by the board or approved precedent to registration, |
1934 | licensure, certification, or renewal as a registered trainee |
1935 | appraiser, licensed appraiser, or certified residential |
1936 | appraiser, before commencing to instruct noncredit college |
1937 | courses in a college, university, or community college, or |
1938 | courses in a career an area technical center or proprietary real |
1939 | estate school, a person must certify her or his competency by |
1940 | meeting one of the following requirements: |
1941 | (a) Hold a valid certification as a residential real |
1942 | estate appraiser in this or any other state. |
1943 | (b) Pass an appraiser instructor's examination which shall |
1944 | test knowledge of residential appraisal topics. |
1945 | (2) Where the course or courses to be taught are |
1946 | prescribed by the board or approved precedent to registration, |
1947 | licensure, certification, or renewal as a registered trainee |
1948 | appraiser, licensed appraiser, or certified appraiser, before |
1949 | commencing to instruct noncredit college courses in a college, |
1950 | university, or community college, or courses in a career an area |
1951 | technical center or proprietary real estate school, a person |
1952 | must certify her or his competency by meeting one of the |
1953 | following requirements: |
1954 | (a) Hold a valid certification as a general real estate |
1955 | appraiser in this or any other state. |
1956 | (b) Pass an appraiser instructor's examination which shall |
1957 | test knowledge of residential and nonresidential appraisal |
1958 | topics. |
1959 | Section 58. Subsection (1) of section 494.0029, Florida |
1960 | Statutes, is amended to read: |
1961 | 494.0029 Mortgage business schools.-- |
1962 | (1) Each person, school, or institution, except accredited |
1963 | colleges, universities, community colleges, and career area |
1964 | technical centers in this state, which offers or conducts |
1965 | mortgage business training as a condition precedent to licensure |
1966 | as a mortgage broker or lender or a correspondent mortgage |
1967 | lender shall obtain a permit from the office and abide by the |
1968 | regulations imposed upon such person, school, or institution by |
1969 | this chapter and rules adopted pursuant to this chapter. The |
1970 | commission shall, by rule, recertify the permits annually with |
1971 | initial and renewal permit fees that do not exceed $500 plus the |
1972 | cost of accreditation. |
1973 | Section 59. Paragraph (a) of subsection (2) of section |
1974 | 509.302, Florida Statutes, is amended to read: |
1975 | 509.302 Director of education, personnel, employment |
1976 | duties, compensation.-- |
1977 | (2) The director of education shall develop and implement |
1978 | an educational program, designated the "Hospitality Education |
1979 | Program," offered for the benefit of the entire industry. This |
1980 | program may affiliate with Florida State University, Florida |
1981 | International University, and the University of Central Florida. |
1982 | The program may also affiliate with any other member of the |
1983 | State University System or Florida Community College System, or |
1984 | with any privately funded college or university, which offers a |
1985 | program of hospitality administration and management. The |
1986 | primary goal of this program is to instruct and train all |
1987 | individuals and businesses licensed under this chapter, in |
1988 | cooperation with recognized associations that represent the |
1989 | licensees, in the application of state and federal laws and |
1990 | rules. Such programs shall also include: |
1991 | (a) Career Vocational training. |
1992 | Section 60. Subsection (4) of section 553.841, Florida |
1993 | Statutes, is amended to read: |
1994 | 553.841 Building code training program; participant |
1995 | competency requirements.-- |
1996 | (4) The commission may enter into contracts with the |
1997 | Department of Education, the State University System, the |
1998 | Division of Community Colleges, model code organizations, |
1999 | professional organizations, career centers vocational-technical |
2000 | schools, trade organizations, and private industry to administer |
2001 | the program. |
2002 | Section 61. Subsection (12) of section 790.06, Florida |
2003 | Statutes, is amended to read: |
2004 | 790.06 License to carry concealed weapon or firearm.-- |
2005 | (12) No license issued pursuant to this section shall |
2006 | authorize any person to carry a concealed weapon or firearm into |
2007 | any place of nuisance as defined in s. 823.05; any police, |
2008 | sheriff, or highway patrol station; any detention facility, |
2009 | prison, or jail; any courthouse; any courtroom, except that |
2010 | nothing in this section would preclude a judge from carrying a |
2011 | concealed weapon or determining who will carry a concealed |
2012 | weapon in his or her courtroom; any polling place; any meeting |
2013 | of the governing body of a county, public school district, |
2014 | municipality, or special district; any meeting of the |
2015 | Legislature or a committee thereof; any school, college, or |
2016 | professional athletic event not related to firearms; any school |
2017 | administration building; any portion of an establishment |
2018 | licensed to dispense alcoholic beverages for consumption on the |
2019 | premises, which portion of the establishment is primarily |
2020 | devoted to such purpose; any elementary or secondary school |
2021 | facility; any career area technical center; any college or |
2022 | university facility unless the licensee is a registered student, |
2023 | employee, or faculty member of such college or university and |
2024 | the weapon is a stun gun or nonlethal electric weapon or device |
2025 | designed solely for defensive purposes and the weapon does not |
2026 | fire a dart or projectile; inside the passenger terminal and |
2027 | sterile area of any airport, provided that no person shall be |
2028 | prohibited from carrying any legal firearm into the terminal, |
2029 | which firearm is encased for shipment for purposes of checking |
2030 | such firearm as baggage to be lawfully transported on any |
2031 | aircraft; or any place where the carrying of firearms is |
2032 | prohibited by federal law. Any person who willfully violates any |
2033 | provision of this subsection commits a misdemeanor of the second |
2034 | degree, punishable as provided in s. 775.082 or s. 775.083. |
2035 | Section 62. Section 790.115, Florida Statutes, is amended |
2036 | to read: |
2037 | 790.115 Possessing or discharging weapons or firearms at a |
2038 | school-sponsored event or on school property prohibited; |
2039 | penalties; exceptions.-- |
2040 | (1) A person who exhibits any sword, sword cane, firearm, |
2041 | electric weapon or device, destructive device, or other weapon, |
2042 | including a razor blade, box cutter, or knife, except as |
2043 | authorized in support of school-sanctioned activities, in the |
2044 | presence of one or more persons in a rude, careless, angry, or |
2045 | threatening manner and not in lawful self-defense, at a school- |
2046 | sponsored event or on the grounds or facilities of any school, |
2047 | school bus, or school bus stop, or within 1,000 feet of the real |
2048 | property that comprises a public or private elementary school, |
2049 | middle school, or secondary school, during school hours or |
2050 | during the time of a sanctioned school activity, commits a |
2051 | felony of the third degree, punishable as provided in s. |
2052 | 775.082, s. 775.083, or s. 775.084. This subsection does not |
2053 | apply to the exhibition of a firearm or weapon on private real |
2054 | property within 1,000 feet of a school by the owner of such |
2055 | property or by a person whose presence on such property has been |
2056 | authorized, licensed, or invited by the owner. |
2057 | (2)(a) A person shall not possess any firearm, electric |
2058 | weapon or device, destructive device, or other weapon, including |
2059 | a razor blade, box cutter, or knife, except as authorized in |
2060 | support of school-sanctioned activities, at a school-sponsored |
2061 | event or on the property of any school, school bus, or school |
2062 | bus stop; however, a person may carry a firearm: |
2063 | 1. In a case to a firearms program, class or function |
2064 | which has been approved in advance by the principal or chief |
2065 | administrative officer of the school as a program or class to |
2066 | which firearms could be carried; |
2067 | 2. In a case to a career center vocational school having a |
2068 | firearms training range; or |
2069 | 3. In a vehicle pursuant to s. 790.25(5); except that |
2070 | school districts may adopt written and published policies that |
2071 | waive the exception in this subparagraph for purposes of student |
2072 | and campus parking privileges. |
2073 |
|
2074 | For the purposes of this section, "school" means any preschool, |
2075 | elementary school, middle school, junior high school, secondary |
2076 | school, career center vocational school, or postsecondary |
2077 | school, whether public or nonpublic. |
2078 | (b) A person who willfully and knowingly possesses any |
2079 | electric weapon or device, destructive device, or other weapon, |
2080 | including a razor blade, box cutter, or knife, except as |
2081 | authorized in support of school-sanctioned activities, in |
2082 | violation of this subsection commits a felony of the third |
2083 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
2084 | 775.084. |
2085 | (c)1. A person who willfully and knowingly possesses any |
2086 | firearm in violation of this subsection commits a felony of the |
2087 | third degree, punishable as provided in s. 775.082, s. 775.083, |
2088 | or s. 775.084. |
2089 | 2. A person who stores or leaves a loaded firearm within |
2090 | the reach or easy access of a minor who obtains the firearm and |
2091 | commits a violation of subparagraph 1. commits a misdemeanor of |
2092 | the second degree, punishable as provided in s. 775.082 or s. |
2093 | 775.083; except that this does not apply if the firearm was |
2094 | stored or left in a securely locked box or container or in a |
2095 | location which a reasonable person would have believed to be |
2096 | secure, or was securely locked with a firearm-mounted push- |
2097 | button combination lock or a trigger lock; if the minor obtains |
2098 | the firearm as a result of an unlawful entry by any person; or |
2099 | to members of the Armed Forces, National Guard, or State |
2100 | Militia, or to police or other law enforcement officers, with |
2101 | respect to firearm possession by a minor which occurs during or |
2102 | incidental to the performance of their official duties. |
2103 | (d) A person who discharges any weapon or firearm while in |
2104 | violation of paragraph (a), unless discharged for lawful defense |
2105 | of himself or herself or another or for a lawful purpose, |
2106 | commits a felony of the second degree, punishable as provided in |
2107 | s. 775.082, s. 775.083, or s. 775.084. |
2108 | (e) The penalties of this subsection shall not apply to |
2109 | persons licensed under s. 790.06. Persons licensed under s. |
2110 | 790.06 shall be punished as provided in s. 790.06(12), except |
2111 | that a licenseholder who unlawfully discharges a weapon or |
2112 | firearm on school property as prohibited by this subsection |
2113 | commits a felony of the second degree, punishable as provided in |
2114 | s. 775.082, s. 775.083, or s. 775.084. |
2115 | (3) This section does not apply to any law enforcement |
2116 | officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), |
2117 | (8), (9), or (14). |
2118 | (4) Notwithstanding s. 985.213, s. 985.214, or s. |
2119 | 985.215(1), any minor under 18 years of age who is charged under |
2120 | this section with possessing or discharging a firearm on school |
2121 | property shall be detained in secure detention, unless the state |
2122 | attorney authorizes the release of the minor, and shall be given |
2123 | a probable cause hearing within 24 hours after being taken into |
2124 | custody. At the hearing, the court may order that the minor |
2125 | continue to be held in secure detention for a period of 21 days, |
2126 | during which time the minor shall receive medical, psychiatric, |
2127 | psychological, or substance abuse examinations pursuant to s. |
2128 | 985.224, and a written report shall be completed. |
2129 | Section 63. Section 810.095, Florida Statutes, is amended |
2130 | to read: |
2131 | 810.095 Trespass on school property with firearm or other |
2132 | weapon prohibited.-- |
2133 | (1) It is a felony of the third degree, punishable as |
2134 | provided in s. 775.082, s. 775.083, or s. 775.084, for a person |
2135 | who is trespassing upon school property to bring onto, or to |
2136 | possess on, such school property, any weapon or firearm. |
2137 | (2) As used in this section, "school property" means the |
2138 | grounds or facility of any kindergarten, elementary school, |
2139 | middle school, junior high school, secondary school, career |
2140 | center vocational school, or postsecondary school, whether |
2141 | public or nonpublic. |
2142 | Section 64. Paragraph (b) of subsection (6) of section |
2143 | 943.14, Florida Statutes, is amended to read: |
2144 | 943.14 Commission-certified criminal justice training |
2145 | schools; certificates and diplomas; exemptions; injunctive |
2146 | relief; fines.-- |
2147 | (6) |
2148 | (b) All other criminal justice sciences or administration |
2149 | courses or subjects which are a part of the curriculum of any |
2150 | accredited college, university, community college, or career |
2151 | vocational-technical center of this state, and all full-time |
2152 | instructors of such institutions, are exempt from the provisions |
2153 | of subsections (1)-(5). |
2154 | Section 65. Paragraph (c) of subsection (11) of section |
2155 | 948.015, Florida Statutes, is amended to read: |
2156 | 948.015 Presentence investigation reports.--The circuit |
2157 | court, when the defendant in a criminal case has been found |
2158 | guilty or has entered a plea of nolo contendere or guilty and |
2159 | has a lowest permissible sentence under the Criminal Punishment |
2160 | Code of any nonstate prison sanction, may refer the case to the |
2161 | department for investigation or recommendation. Upon such |
2162 | referral, the department shall make the following report in |
2163 | writing at a time specified by the court prior to sentencing. |
2164 | The full report shall include: |
2165 | (11) Information about any resources available to assist |
2166 | the offender, such as: |
2167 | (c) Career Vocational training programs. |
2168 | Section 66. Paragraph (b) of subsection (3) of section |
2169 | 948.09, Florida Statutes, is amended to read: |
2170 | 948.09 Payment for cost of supervision and |
2171 | rehabilitation.-- |
2172 | (3) Any failure to pay contribution as required under this |
2173 | section may constitute a ground for the revocation of probation |
2174 | by the court, the revocation of parole or conditional release by |
2175 | the Parole Commission, the revocation of control release by the |
2176 | Control Release Authority, or removal from the pretrial |
2177 | intervention program by the state attorney. The Department of |
2178 | Corrections may exempt a person from the payment of all or any |
2179 | part of the contribution if it finds any of the following |
2180 | factors to exist: |
2181 | (b) The offender is a student in a school, college, |
2182 | university, or course of career vocational or technical training |
2183 | designed to fit the student for gainful employment. |
2184 | Certification of such student status shall be supplied to the |
2185 | Secretary of Corrections by the educational institution in which |
2186 | the offender is enrolled. |
2187 | Section 67. Subsection (1) of section 958.12, Florida |
2188 | Statutes, is amended to read: |
2189 | 958.12 Participation in certain activities required.-- |
2190 | (1) A youthful offender shall be required to participate |
2191 | in work assignments, and in career vocational, academic, |
2192 | counseling, and other rehabilitative programs in accordance with |
2193 | this section, including, but not limited to: |
2194 | (a) All youthful offenders may be required, as |
2195 | appropriate, to participate in: |
2196 | 1. Reception and orientation. |
2197 | 2. Evaluation, needs assessment, and classification. |
2198 | 3. Educational programs. |
2199 | 4. Career Vocational and job training. |
2200 | 5. Life and socialization skills training, including |
2201 | anger/aggression control. |
2202 | 6. Prerelease orientation and planning. |
2203 | 7. Appropriate transition services. |
2204 | (b) In addition to the requirements in paragraph (a), the |
2205 | department shall make available: |
2206 | 1. Religious services and counseling. |
2207 | 2. Social services. |
2208 | 3. Substance abuse treatment and counseling. |
2209 | 4. Psychological and psychiatric services. |
2210 | 5. Library services. |
2211 | 6. Medical and dental health care. |
2212 | 7. Athletic, recreational, and leisure time activities. |
2213 | 8. Mail and visiting privileges. |
2214 |
|
2215 | Income derived by a youthful offender from participation in such |
2216 | activities may be used, in part, to defray a portion of the |
2217 | costs of his or her incarceration or supervision; to satisfy |
2218 | preexisting obligations; to pay fines, counseling fees, or other |
2219 | costs lawfully imposed; or to pay restitution to the victim of |
2220 | the crime for which the youthful offender has been convicted in |
2221 | an amount determined by the sentencing court. Any such income |
2222 | not used for such reasons or not used as provided in s. 946.513 |
2223 | or s. 958.09 shall be placed in a bank account for use by the |
2224 | youthful offender upon his or her release. |
2225 | Section 68. Subsections (29) and (43) of section 985.03, |
2226 | Florida Statutes, are amended to read: |
2227 | 985.03 Definitions.--When used in this chapter, the term: |
2228 | (29) "Juvenile justice continuum" includes, but is not |
2229 | limited to, delinquency prevention programs and services |
2230 | designed for the purpose of preventing or reducing delinquent |
2231 | acts, including criminal activity by youth gangs, and juvenile |
2232 | arrests, as well as programs and services targeted at children |
2233 | who have committed delinquent acts, and children who have |
2234 | previously been committed to residential treatment programs for |
2235 | delinquents. The term includes children-in-need-of-services and |
2236 | families-in-need-of-services programs; conditional release; |
2237 | substance abuse and mental health programs; educational and |
2238 | career vocational programs; recreational programs; community |
2239 | services programs; community service work programs; and |
2240 | alternative dispute resolution programs serving children at risk |
2241 | of delinquency and their families, whether offered or delivered |
2242 | by state or local governmental entities, public or private for- |
2243 | profit or not-for-profit organizations, or religious or |
2244 | charitable organizations. |
2245 | (43) "Probation" means the legal status of probation |
2246 | created by law and court order in cases involving a child who |
2247 | has been found to have committed a delinquent act. Probation is |
2248 | an individualized program in which the freedom of the child is |
2249 | limited and the child is restricted to noninstitutional quarters |
2250 | or restricted to the child's home in lieu of commitment to the |
2251 | custody of the Department of Juvenile Justice. Youth on |
2252 | probation may be assessed and classified for placement in day- |
2253 | treatment probation programs designed for youth who represent a |
2254 | minimum risk to themselves and public safety and do not require |
2255 | placement and services in a residential setting. Program types |
2256 | in this more intensive and structured day-treatment probation |
2257 | option include career vocational programs, marine programs, |
2258 | juvenile justice alternative schools, training and |
2259 | rehabilitation programs, and gender-specific programs. |
2260 | Section 69. Paragraphs (a) and (b) of subsection (1), |
2261 | paragraph (a) of subsection (2), subsection (3), and paragraphs |
2262 | (a), (b), and (d) of subsection (4) of section 985.315, Florida |
2263 | Statutes, are amended to read: |
2264 | 985.315 Educational Educational/technical and career- |
2265 | related vocational work-related programs.-- |
2266 | (1)(a) It is the finding of the Legislature that the |
2267 | educational educational/technical and career-related vocational |
2268 | work-related programs of the Department of Juvenile Justice are |
2269 | uniquely different from other programs operated or conducted by |
2270 | other departments in that it is essential to the state that |
2271 | these programs provide juveniles with useful information and |
2272 | activities that can lead to meaningful employment after release |
2273 | in order to assist in reducing the return of juveniles to the |
2274 | system. |
2275 | (b) It is further the finding of the Legislature that the |
2276 | mission of a juvenile educational educational/technical and |
2277 | career-related vocational work-related program is, in order of |
2278 | priority: |
2279 | 1. To provide a joint effort between the department, the |
2280 | juvenile work programs, and educational educational/technical |
2281 | and career vocational training programs to reinforce relevant |
2282 | education, training, and postrelease job placement, and help |
2283 | reduce recommitment. |
2284 | 2. To serve the security goals of the state through the |
2285 | reduction of idleness of juveniles and the provision of an |
2286 | incentive for good behavior in residential commitment |
2287 | facilities. |
2288 | 3. To teach youth in juvenile justice programs relevant |
2289 | job skills and the fundamentals of a trade in order to prepare |
2290 | them for placement in the workforce. |
2291 | (2)(a) The department is strongly encouraged to require |
2292 | juveniles placed in a high-risk residential, maximum-risk |
2293 | residential, or a serious/habitual offender program to |
2294 | participate in an educational educational/technical or career- |
2295 | related vocational work-related program 5 hours per day, 5 days |
2296 | per week. All policies developed by the department relating to |
2297 | this requirement must be consistent with applicable federal, |
2298 | state, and local labor laws and standards, including all laws |
2299 | relating to child labor. |
2300 | (3) In adopting or modifying master plans for juvenile |
2301 | work programs and educational educational/technical and career |
2302 | vocational training programs, and in the administration of the |
2303 | Department of Juvenile Justice, it shall be the objective of the |
2304 | department to develop: |
2305 | (a) Attitudes favorable to work, the work situation, and a |
2306 | law-abiding life in each juvenile employed in the juvenile work |
2307 | program. |
2308 | (b) Education and training opportunities that are |
2309 | reasonably broad, but which develop specific work skills. |
2310 | (c) Programs that motivate juveniles to use their |
2311 | abilities. |
2312 | (d) Education and training programs that will be of mutual |
2313 | benefit to all governmental jurisdictions of the state by |
2314 | reducing the costs of government to the taxpayers and which |
2315 | integrate all instructional programs into a unified curriculum |
2316 | suitable for all juveniles, but taking account of the different |
2317 | abilities of each juvenile. |
2318 | (e) A logical sequence of educational |
2319 | educational/technical or career vocational training, employment |
2320 | by the juvenile work programs, and postrelease job placement for |
2321 | juveniles participating in juvenile work programs. |
2322 | (4)(a) The Department of Juvenile Justice shall establish |
2323 | guidelines for the operation of juvenile educational |
2324 | educational/technical and career-related vocational work-related |
2325 | programs, which shall include the following procedures: |
2326 | 1. Participation in the educational educational/technical |
2327 | and career-related vocational work-related programs shall be on |
2328 | a 5-day-per-week, 5-hour-per-day basis. |
2329 | 2. The education, training, work experience, emotional and |
2330 | mental abilities, and physical capabilities of the juvenile and |
2331 | the duration of the term of placement imposed on the juvenile |
2332 | are to be analyzed before assignment of the juvenile into the |
2333 | various processes best suited for educational |
2334 | educational/technical or career vocational training. |
2335 | 3. When feasible, the department shall attempt to obtain |
2336 | education or training credit for a juvenile seeking |
2337 | apprenticeship status or a high school diploma or its |
2338 | equivalent. |
2339 | 4. The juvenile may begin in a general education and work |
2340 | skills program and progress to a specific work skills training |
2341 | program, depending upon the ability, desire, and education and |
2342 | work record of the juvenile. |
2343 | 5. Modernization and upgrading of equipment and facilities |
2344 | should include greater automation and improved production |
2345 | techniques to expose juveniles to the latest technological |
2346 | procedures to facilitate their adjustment to real work |
2347 | situations. |
2348 | (b) Evaluations of juvenile educational |
2349 | educational/technical and career-related vocational work-related |
2350 | programs shall be conducted according to the following |
2351 | guidelines: |
2352 | 1. Systematic evaluations and quality assurance monitoring |
2353 | shall be implemented, in accordance with s. 985.412(1), (2), and |
2354 | (5), to determine whether the programs are related to successful |
2355 | postrelease adjustments. |
2356 | 2. Operations and policies of the programs shall be |
2357 | reevaluated to determine if they are consistent with their |
2358 | primary objectives. |
2359 | (d) The department and providers are strongly encouraged |
2360 | to work in partnership with local businesses and trade groups in |
2361 | the development and operation of educational |
2362 | educational/technical and career vocational programs. |
2363 | Section 70. Subsections (1) and (2) of section 1000.04, |
2364 | Florida Statutes, are amended to read: |
2365 | 1000.04 Components for the delivery of public education |
2366 | within the Florida K-20 education system.--Florida's K-20 |
2367 | education system provides for the delivery of public education |
2368 | through publicly supported and controlled K-12 schools, |
2369 | community colleges, state universities and other postsecondary |
2370 | educational institutions, other educational institutions, and |
2371 | other educational services as provided or authorized by the |
2372 | Constitution and laws of the state. |
2373 | (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools include |
2374 | charter schools and consist of kindergarten classes; elementary, |
2375 | middle, and high school grades and special classes; workforce |
2376 | development education; career area technical centers; adult, |
2377 | part-time, career and technical, and evening schools, courses, |
2378 | or classes, as authorized by law to be operated under the |
2379 | control of district school boards; and lab schools operated |
2380 | under the control of state universities. |
2381 | (2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.--Public |
2382 | postsecondary educational institutions include workforce |
2383 | development education; community colleges; colleges; state |
2384 | universities; and all other state-supported postsecondary |
2385 | educational institutions that are authorized and established by |
2386 | law. |
2387 | Section 71. Paragraph (e) of subsection (2) and subsection |
2388 | (4) of section 1000.05, Florida Statutes, are amended to read: |
2389 | 1000.05 Discrimination against students and employees in |
2390 | the Florida K-20 public education system prohibited; equality of |
2391 | access required.-- |
2392 | (2) |
2393 | (e) Guidance services, counseling services, and financial |
2394 | assistance services in the state public K-20 education system |
2395 | shall be available to students equally. Guidance and counseling |
2396 | services, materials, and promotional events shall stress access |
2397 | to academic and, career and technical opportunities for students |
2398 | without regard to race, ethnicity, national origin, gender, |
2399 | disability, or marital status. |
2400 | (4) Educational institutions within the state public K-20 |
2401 | education system shall develop and implement methods and |
2402 | strategies to increase the participation of students of a |
2403 | particular race, ethnicity, national origin, gender, disability, |
2404 | or marital status in programs and courses in which students of |
2405 | that particular race, ethnicity, national origin, gender, |
2406 | disability, or marital status have been traditionally |
2407 | underrepresented, including, but not limited to, mathematics, |
2408 | science, computer technology, electronics, communications |
2409 | technology, engineering, and career and technical education. |
2410 | Section 72. Paragraph (h) of subsection (4) of section |
2411 | 1001.42, Florida Statutes, is amended to read: |
2412 | 1001.42 Powers and duties of district school board.--The |
2413 | district school board, acting as a board, shall exercise all |
2414 | powers and perform all duties listed below: |
2415 | (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF |
2416 | SCHOOLS.--Adopt and provide for the execution of plans for the |
2417 | establishment, organization, and operation of the schools of the |
2418 | district, including, but not limited to, the following: |
2419 | (h) Career and technical classes and schools.--Provide for |
2420 | the establishment and maintenance of career and technical |
2421 | schools, departments, or classes, giving instruction in career |
2422 | and technical education as defined by rules of the State Board |
2423 | of Education, and use any moneys raised by public taxation in |
2424 | the same manner as moneys for other school purposes are used for |
2425 | the maintenance and support of public schools or classes. |
2426 | Section 73. Section 1001.44, Florida Statutes, is amended |
2427 | to read: |
2428 | 1001.44 Career Technical centers.-- |
2429 | (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER |
2430 | TECHNICAL CENTERS.--Any district school board, after first |
2431 | obtaining the approval of the Department of Education, may, as a |
2432 | part of the district school system, organize, establish and |
2433 | operate a career technical center, or acquire and operate a |
2434 | career center technical school previously established. |
2435 | (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY |
2436 | ESTABLISH OR ACQUIRE CAREER TECHNICAL CENTERS.--The district |
2437 | school boards of any two or more contiguous districts may, upon |
2438 | first obtaining the approval of the department, enter into an |
2439 | agreement to organize, establish and operate, or acquire and |
2440 | operate, a career technical center under this section. |
2441 | (3) CAREER TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM |
2442 | DIRECTED BY A DIRECTOR.-- |
2443 | (a) A career technical center established or acquired |
2444 | under provisions of law and minimum standards prescribed by the |
2445 | commissioner shall comprise a part of the district school system |
2446 | and shall mean an educational institution offering terminal |
2447 | courses of a technical nature, and courses for out-of-school |
2448 | youth and adults; shall be subject to all applicable provisions |
2449 | of this code; shall be under the control of the district school |
2450 | board of the school district in which it is located; and shall |
2451 | be directed by a director responsible through the district |
2452 | school superintendent to the district school board of the school |
2453 | district in which the center is located. |
2454 | (b) Each career technical center shall maintain an |
2455 | academic transcript for each student enrolled in the center. |
2456 | Such transcript shall delineate each course completed by the |
2457 | student. Courses shall be delineated by the course prefix and |
2458 | title assigned pursuant to s. 1007.24. The center shall make a |
2459 | copy of a student's transcript available to any student who |
2460 | requests it. |
2461 | Section 74. Paragraph (a) of subsection (1) of section |
2462 | 1001.452, Florida Statutes, is amended to read: |
2463 | 1001.452 District and school advisory councils.-- |
2464 | (1) ESTABLISHMENT.-- |
2465 | (a) The district school board shall establish an advisory |
2466 | council for each school in the district and shall develop |
2467 | procedures for the election and appointment of advisory council |
2468 | members. Each school advisory council shall include in its name |
2469 | the words "school advisory council." The school advisory council |
2470 | shall be the sole body responsible for final decisionmaking at |
2471 | the school relating to implementation of the provisions of ss. |
2472 | 1001.42(16) and 1008.345. A majority of the members of each |
2473 | school advisory council must be persons who are not employed by |
2474 | the school. Each advisory council shall be composed of the |
2475 | principal and an appropriately balanced number of teachers, |
2476 | education support employees, students, parents, and other |
2477 | business and community citizens who are representative of the |
2478 | ethnic, racial, and economic community served by the school. |
2479 | Career Technical center and high school advisory councils shall |
2480 | include students, and middle and junior high school advisory |
2481 | councils may include students. School advisory councils of |
2482 | career centers technical and adult education centers are not |
2483 | required to include parents as members. Council members |
2484 | representing teachers, education support employees, students, |
2485 | and parents shall be elected by their respective peer groups at |
2486 | the school in a fair and equitable manner as follows: |
2487 | 1. Teachers shall be elected by teachers. |
2488 | 2. Education support employees shall be elected by |
2489 | education support employees. |
2490 | 3. Students shall be elected by students. |
2491 | 4. Parents shall be elected by parents. |
2492 |
|
2493 | The district school board shall establish procedures for use by |
2494 | schools in selecting business and community members that include |
2495 | means of ensuring wide notice of vacancies and of taking input |
2496 | on possible members from local business, chambers of commerce, |
2497 | community and civic organizations and groups, and the public at |
2498 | large. The district school board shall review the membership |
2499 | composition of each advisory council. If the district school |
2500 | board determines that the membership elected by the school is |
2501 | not representative of the ethnic, racial, and economic community |
2502 | served by the school, the district school board shall appoint |
2503 | additional members to achieve proper representation. The |
2504 | commissioner shall determine if schools have maximized their |
2505 | efforts to include on their advisory councils minority persons |
2506 | and persons of lower socioeconomic status. Although schools are |
2507 | strongly encouraged to establish school advisory councils, the |
2508 | district school board of any school district that has a student |
2509 | population of 10,000 or fewer may establish a district advisory |
2510 | council which shall include at least one duly elected teacher |
2511 | from each school in the district. For the purposes of school |
2512 | advisory councils and district advisory councils, the term |
2513 | "teacher" shall include classroom teachers, certified student |
2514 | services personnel, and media specialists. For purposes of this |
2515 | paragraph, "education support employee" means any person |
2516 | employed by a school who is not defined as instructional or |
2517 | administrative personnel pursuant to s. 1012.01 and whose duties |
2518 | require 20 or more hours in each normal working week. |
2519 | Section 75. Paragraph (a) of subsection (1) of section |
2520 | 1001.453, Florida Statutes, is amended to read: |
2521 | 1001.453 Direct-support organization; use of property; |
2522 | board of directors; audit.-- |
2523 | (1) DEFINITIONS.--For the purposes of this section, the |
2524 | term: |
2525 | (a) "District school board direct-support organization" |
2526 | means an organization that: |
2527 | 1. Is approved by the district school board; |
2528 | 2. Is a Florida corporation not for profit, incorporated |
2529 | under the provisions of chapter 617 and approved by the |
2530 | Department of State; and |
2531 | 3. Is organized and operated exclusively to receive, hold, |
2532 | invest, and administer property and to make expenditures to or |
2533 | for the benefit of public kindergarten through 12th grade |
2534 | education and adult career and technical and community education |
2535 | programs in this state. |
2536 | Section 76. Subsection (16) of section 1001.64, Florida |
2537 | Statutes, is amended to read: |
2538 | 1001.64 Community college boards of trustees; powers and |
2539 | duties.-- |
2540 | (16) Each board of trustees must expend performance funds |
2541 | provided for workforce development education pursuant to the |
2542 | provisions of s. 1011.80. |
2543 | Section 77. Subsection (2) of section 1002.01, Florida |
2544 | Statutes, is amended to read: |
2545 | 1002.01 Definitions.-- |
2546 | (2) A "private school" is a nonpublic school defined as an |
2547 | individual, association, copartnership, or corporation, or |
2548 | department, division, or section of such organizations, that |
2549 | designates itself as an educational center that includes |
2550 | kindergarten or a higher grade or as an elementary, secondary, |
2551 | business, technical, or trade school below college level or any |
2552 | organization that provides instructional services that meet the |
2553 | intent of s. 1003.01(14) or that gives preemployment or |
2554 | supplementary training in technology or in fields of trade or |
2555 | industry or that offers academic, literary, or career and |
2556 | technical training below college level, or any combination of |
2557 | the above, including an institution that performs the functions |
2558 | of the above schools through correspondence or extension, except |
2559 | those licensed under the provisions of chapter 1005. A private |
2560 | school may be a parochial, religious, denominational, for- |
2561 | profit, or nonprofit school. This definition does not include |
2562 | home education programs conducted in accordance with s. 1002.41. |
2563 | Section 78. Paragraph (f) of subsection (3) of section |
2564 | 1002.20, Florida Statutes, is amended to read: |
2565 | 1002.20 K-12 student and parent rights.--Parents of public |
2566 | school students must receive accurate and timely information |
2567 | regarding their child's academic progress and must be informed |
2568 | of ways they can help their child to succeed in school. K-12 |
2569 | students and their parents are afforded numerous statutory |
2570 | rights including, but not limited to, the following: |
2571 | (3) HEALTH ISSUES.-- |
2572 | (f) Career and technical education courses involving |
2573 | hazardous substances.--High school students must be given plano |
2574 | safety glasses or devices in career and technical education |
2575 | courses involving the use of hazardous substances likely to |
2576 | cause eye injury, in accordance with the provisions of s. |
2577 | 1006.65. |
2578 | Section 79. Paragraph (a) of subsection (2) and |
2579 | subsections (3) and (5) of section 1002.22, Florida Statutes, |
2580 | are amended to read: |
2581 | 1002.22 Student records and reports; rights of parents and |
2582 | students; notification; penalty.-- |
2583 | (2) DEFINITIONS.--As used in this section: |
2584 | (a) "Chief executive officer" means that person, whether |
2585 | elected or appointed, who is responsible for the management and |
2586 | administration of any public educational body or unit, or the |
2587 | chief executive officer's designee for student records; that is, |
2588 | the district school superintendent, the director of a career an |
2589 | area technical center, the president of a public postsecondary |
2590 | educational institution, or their designees. |
2591 | (3) RIGHTS OF PARENT OR STUDENT.--The parent of any |
2592 | student who attends or has attended any public school, career |
2593 | area technical center, or public postsecondary educational |
2594 | institution shall have the following rights with respect to any |
2595 | records or reports created, maintained, and used by any public |
2596 | educational institution in the state. However, whenever a |
2597 | student has attained 18 years of age, or is attending a |
2598 | postsecondary educational institution, the permission or consent |
2599 | required of, and the rights accorded to, the parents of the |
2600 | student shall thereafter be required of and accorded to the |
2601 | student only, unless the student is a dependent student of such |
2602 | parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal |
2603 | Revenue Code of 1954). The State Board of Education shall adopt |
2604 | rules whereby parents or students may exercise these rights: |
2605 | (a) Right of access.-- |
2606 | 1. Such parent or student shall have the right, upon |
2607 | request directed to the appropriate school official, to be |
2608 | provided with a list of the types of records and reports, |
2609 | directly related to students, as maintained by the institution |
2610 | that the student attends or has attended. |
2611 | 2. Such parent or student shall have the right, upon |
2612 | request, to be shown any record or report relating to such |
2613 | student maintained by any public educational institution. When |
2614 | the record or report includes information on more than one |
2615 | student, the parent or student shall be entitled to receive, or |
2616 | be informed of, only that part of the record or report that |
2617 | pertains to the student who is the subject of the request. Upon |
2618 | a reasonable request therefor, the institution shall furnish |
2619 | such parent or student with an explanation or interpretation of |
2620 | any such record or report. |
2621 | 3. Copies of any list, record, or report requested under |
2622 | the provisions of this paragraph shall be furnished to the |
2623 | parent or student upon request. |
2624 | 4. The State Board of Education shall adopt rules to be |
2625 | followed by all public educational institutions in granting |
2626 | requests for lists, or for access to reports and records or for |
2627 | copies or explanations thereof under this paragraph. However, |
2628 | access to any report or record requested under the provisions of |
2629 | subparagraph 2. shall be granted within 30 days after receipt of |
2630 | such request by the institution. Fees may be charged for |
2631 | furnishing any copies of reports or records requested under |
2632 | subparagraph 3., but such fees shall not exceed the actual cost |
2633 | to the institution of producing such copies. |
2634 | (b) Right of waiver of access to confidential letters or |
2635 | statements.--A parent or student shall have the right to waive |
2636 | the right of access to letters or statements of recommendation |
2637 | or evaluation, except that such waiver shall apply to |
2638 | recommendations or evaluations only if: |
2639 | 1. The parent or student is, upon request, notified of the |
2640 | names of all persons submitting confidential letters or |
2641 | statements. |
2642 | 2. Such recommendations or evaluations are used solely for |
2643 | the purpose for which they were specifically intended. |
2644 |
|
2645 | Such waivers may not be required as a condition for admission |
2646 | to, receipt of financial aid from, or receipt of any other |
2647 | services or benefits from, any public agency or public |
2648 | educational institution in this state. |
2649 | (c) Right to challenge and hearing.--A parent or student |
2650 | shall have the right to challenge the content of any record or |
2651 | report to which such person is granted access under paragraph |
2652 | (a), in order to ensure that the record or report is not |
2653 | inaccurate, misleading, or otherwise in violation of the privacy |
2654 | or other rights of the student and to provide an opportunity for |
2655 | the correction, deletion, or expunction of any inaccurate, |
2656 | misleading, or otherwise inappropriate data or material |
2657 | contained therein. Any challenge arising under the provisions of |
2658 | this paragraph may be settled through informal meetings or |
2659 | discussions between the parent or student and appropriate |
2660 | officials of the educational institution. If the parties at such |
2661 | a meeting agree to make corrections, to make deletions, to |
2662 | expunge material, or to add a statement of explanation or |
2663 | rebuttal to the file, such agreement shall be reduced to writing |
2664 | and signed by the parties; and the appropriate school officials |
2665 | shall take the necessary actions to implement the agreement. If |
2666 | the parties cannot reach an agreement, upon the request of |
2667 | either party, a hearing shall be held on such challenge under |
2668 | rules adopted by the State Board of Education. Upon the request |
2669 | of the parent or student, the hearing shall be exempt from the |
2670 | requirements of s. 286.011. Such rules shall include at least |
2671 | the following provisions: |
2672 | 1. The hearing shall be conducted within a reasonable |
2673 | period of time following the request for the hearing. |
2674 | 2. The hearing shall be conducted, and the decision |
2675 | rendered, by an official of the educational institution or other |
2676 | party who does not have a direct interest in the outcome of the |
2677 | hearing. |
2678 | 3. The parent or student shall be afforded a full and fair |
2679 | opportunity to present evidence relevant to the issues raised |
2680 | under this paragraph. |
2681 | 4. The decision shall be rendered in writing within a |
2682 | reasonable period of time after the conclusion of the hearing. |
2683 | 5. The appropriate school officials shall take the |
2684 | necessary actions to implement the decision. |
2685 | (d) Right of privacy.--Every student shall have a right of |
2686 | privacy with respect to the educational records kept on him or |
2687 | her. Personally identifiable records or reports of a student, |
2688 | and any personal information contained therein, are confidential |
2689 | and exempt from the provisions of s. 119.07(1). No state or |
2690 | local educational agency, board, public school, career technical |
2691 | center, or public postsecondary educational institution shall |
2692 | permit the release of such records, reports, or information |
2693 | without the written consent of the student's parent, or of the |
2694 | student himself or herself if he or she is qualified as provided |
2695 | in this subsection, to any individual, agency, or organization. |
2696 | However, personally identifiable records or reports of a student |
2697 | may be released to the following persons or organizations |
2698 | without the consent of the student or the student's parent: |
2699 | 1. Officials of schools, school systems, career technical |
2700 | centers, or public postsecondary educational institutions in |
2701 | which the student seeks or intends to enroll; and a copy of such |
2702 | records or reports shall be furnished to the parent or student |
2703 | upon request. |
2704 | 2. Other school officials, including teachers within the |
2705 | educational institution or agency, who have legitimate |
2706 | educational interests in the information contained in the |
2707 | records. |
2708 | 3. The United States Secretary of Education, the Director |
2709 | of the National Institute of Education, the Assistant Secretary |
2710 | for Education, the Comptroller General of the United States, or |
2711 | state or local educational authorities who are authorized to |
2712 | receive such information subject to the conditions set forth in |
2713 | applicable federal statutes and regulations of the United States |
2714 | Department of Education, or in applicable state statutes and |
2715 | rules of the State Board of Education. |
2716 | 4. Other school officials, in connection with a student's |
2717 | application for or receipt of financial aid. |
2718 | 5. Individuals or organizations conducting studies for or |
2719 | on behalf of an institution or a board of education for the |
2720 | purpose of developing, validating, or administering predictive |
2721 | tests, administering student aid programs, or improving |
2722 | instruction, if such studies are conducted in such a manner as |
2723 | will not permit the personal identification of students and |
2724 | their parents by persons other than representatives of such |
2725 | organizations and if such information will be destroyed when no |
2726 | longer needed for the purpose of conducting such studies. |
2727 | 6. Accrediting organizations, in order to carry out their |
2728 | accrediting functions. |
2729 | 7. School readiness coalitions and the Florida Partnership |
2730 | for School Readiness in order to carry out their assigned |
2731 | duties. |
2732 | 8. For use as evidence in student expulsion hearings |
2733 | conducted by a district school board pursuant to the provisions |
2734 | of chapter 120. |
2735 | 9. Appropriate parties in connection with an emergency, if |
2736 | knowledge of the information in the student's educational |
2737 | records is necessary to protect the health or safety of the |
2738 | student or other individuals. |
2739 | 10. The Auditor General and the Office of Program Policy |
2740 | Analysis and Government Accountability in connection with their |
2741 | official functions; however, except when the collection of |
2742 | personally identifiable information is specifically authorized |
2743 | by law, any data collected by the Auditor General and the Office |
2744 | of Program Policy Analysis and Government Accountability is |
2745 | confidential and exempt from the provisions of s. 119.07(1) and |
2746 | shall be protected in such a way as will not permit the personal |
2747 | identification of students and their parents by other than the |
2748 | Auditor General, the Office of Program Policy Analysis and |
2749 | Government Accountability, and their staff, and such personally |
2750 | identifiable data shall be destroyed when no longer needed for |
2751 | the Auditor General's and the Office of Program Policy Analysis |
2752 | and Government Accountability's official use. |
2753 | 11.a. A court of competent jurisdiction in compliance with |
2754 | an order of that court or the attorney of record pursuant to a |
2755 | lawfully issued subpoena, upon the condition that the student |
2756 | and the student's parent are notified of the order or subpoena |
2757 | in advance of compliance therewith by the educational |
2758 | institution or agency. |
2759 | b. A person or entity pursuant to a court of competent |
2760 | jurisdiction in compliance with an order of that court or the |
2761 | attorney of record pursuant to a lawfully issued subpoena, upon |
2762 | the condition that the student, or his or her parent if the |
2763 | student is either a minor and not attending a postsecondary |
2764 | educational institution or a dependent of such parent as defined |
2765 | in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of |
2766 | 1954), is notified of the order or subpoena in advance of |
2767 | compliance therewith by the educational institution or agency. |
2768 | 12. Credit bureaus, in connection with an agreement for |
2769 | financial aid that the student has executed, provided that such |
2770 | information may be disclosed only to the extent necessary to |
2771 | enforce the terms or conditions of the financial aid agreement. |
2772 | Credit bureaus shall not release any information obtained |
2773 | pursuant to this paragraph to any person. |
2774 | 13. Parties to an interagency agreement among the |
2775 | Department of Juvenile Justice, school and law enforcement |
2776 | authorities, and other signatory agencies for the purpose of |
2777 | reducing juvenile crime and especially motor vehicle theft by |
2778 | promoting cooperation and collaboration, and the sharing of |
2779 | appropriate information in a joint effort to improve school |
2780 | safety, to reduce truancy and in-school and out-of-school |
2781 | suspensions, and to support alternatives to in-school and out- |
2782 | of-school suspensions and expulsions that provide structured and |
2783 | well-supervised educational programs supplemented by a |
2784 | coordinated overlay of other appropriate services designed to |
2785 | correct behaviors that lead to truancy, suspensions, and |
2786 | expulsions, and that support students in successfully completing |
2787 | their education. Information provided in furtherance of such |
2788 | interagency agreements is intended solely for use in determining |
2789 | the appropriate programs and services for each juvenile or the |
2790 | juvenile's family, or for coordinating the delivery of such |
2791 | programs and services, and as such is inadmissible in any court |
2792 | proceedings prior to a dispositional hearing unless written |
2793 | consent is provided by a parent or other responsible adult on |
2794 | behalf of the juvenile. |
2795 |
|
2796 | This paragraph does not prohibit any educational institution |
2797 | from publishing and releasing to the general public directory |
2798 | information relating to a student if the institution elects to |
2799 | do so. However, no educational institution shall release, to any |
2800 | individual, agency, or organization that is not listed in |
2801 | subparagraphs 1.-13., directory information relating to the |
2802 | student body in general or a portion thereof unless it is |
2803 | normally published for the purpose of release to the public in |
2804 | general. Any educational institution making directory |
2805 | information public shall give public notice of the categories of |
2806 | information that it has designated as directory information with |
2807 | respect to all students attending the institution and shall |
2808 | allow a reasonable period of time after such notice has been |
2809 | given for a parent or student to inform the institution in |
2810 | writing that any or all of the information designated should not |
2811 | be released. |
2812 | (5) PENALTY.--In the event that any public school official |
2813 | or employee, district school board official or employee, career |
2814 | technical center official or employee, or public postsecondary |
2815 | educational institution official or employee refuses to comply |
2816 | with any of the provisions of this section, the aggrieved parent |
2817 | or student shall have an immediate right to bring an action in |
2818 | the circuit court to enforce the violated right by injunction. |
2819 | Any aggrieved parent or student who brings such an action and |
2820 | whose rights are vindicated may be awarded attorney's fees and |
2821 | court costs. |
2822 | Section 80. Subsection (1) of section 1002.38, Florida |
2823 | Statutes, is amended to read: |
2824 | 1002.38 Opportunity Scholarship Program.-- |
2825 | (1) FINDINGS AND INTENT.--The purpose of this section is |
2826 | to provide enhanced opportunity for students in this state to |
2827 | gain the knowledge and skills necessary for postsecondary |
2828 | education, a career technical education, or the world of work. |
2829 | The Legislature recognizes that the voters of the State of |
2830 | Florida, in the November 1998 general election, amended s. 1, |
2831 | Art. IX of the Florida Constitution so as to make education a |
2832 | paramount duty of the state. The Legislature finds that the |
2833 | State Constitution requires the state to provide a uniform, |
2834 | safe, secure, efficient, and high-quality system which allows |
2835 | the opportunity to obtain a high-quality education. The |
2836 | Legislature further finds that a student should not be |
2837 | compelled, against the wishes of the student's parent, to remain |
2838 | in a school found by the state to be failing for 2 years in a 4- |
2839 | year period. The Legislature shall make available opportunity |
2840 | scholarships in order to give parents the opportunity for their |
2841 | children to attend a public school that is performing |
2842 | satisfactorily or to attend an eligible private school when the |
2843 | parent chooses to apply the equivalent of the public education |
2844 | funds generated by his or her child to the cost of tuition in |
2845 | the eligible private school as provided in paragraph (6)(a). |
2846 | Eligibility of a private school shall include the control and |
2847 | accountability requirements that, coupled with the exercise of |
2848 | parental choice, are reasonably necessary to secure the |
2849 | educational public purpose, as delineated in subsection (4). |
2850 | Section 81. Paragraph (a) of subsection (2) of section |
2851 | 1002.42, Florida Statutes, is amended to read: |
2852 | 1002.42 Private schools.-- |
2853 | (2) ANNUAL PRIVATE SCHOOL SURVEY.-- |
2854 | (a) The Department of Education shall organize, maintain, |
2855 | and annually update a database of educational institutions |
2856 | within the state coming within the provisions of this section. |
2857 | There shall be included in the database of each institution the |
2858 | name, address, and telephone number of the institution; the type |
2859 | of institution; the names of administrative officers; the |
2860 | enrollment by grade or special group (e.g., career and technical |
2861 | education and exceptional child education); the number of |
2862 | graduates; the number of instructional and administrative |
2863 | personnel; the number of days the school is in session; and such |
2864 | data as may be needed to meet the provisions of this section and |
2865 | s. 1003.23(2). |
2866 | Section 82. Subsection (4), paragraph (c) of subsection |
2867 | (9), and subsection (15) of section 1003.01, Florida Statutes, |
2868 | are amended to read: |
2869 | 1003.01 Definitions.--As used in this chapter, the term: |
2870 | (4) "Career and technical education" means education that |
2871 | provides instruction for the following purposes: |
2872 | (a) At the elementary, middle, and secondary school |
2873 | levels, exploratory courses designed to give students initial |
2874 | exposure to a broad range of occupations to assist them in |
2875 | preparing their academic and occupational plans, and practical |
2876 | arts courses that provide generic skills that may apply to many |
2877 | occupations but are not designed to prepare students for entry |
2878 | into a specific occupation. Career and technical education |
2879 | provided before high school completion must be designed to |
2880 | enhance both occupational and academic skills through |
2881 | integration with academic instruction. |
2882 | (b) At the secondary school level, job-preparatory |
2883 | instruction in the competencies that prepare students for |
2884 | effective entry into an occupation, including diversified |
2885 | cooperative education, work experience, and job-entry programs |
2886 | that coordinate directed study and on-the-job training. |
2887 | (c) At the postsecondary education level, courses of study |
2888 | that provide competencies needed for entry into specific |
2889 | occupations or for advancement within an occupation. |
2890 | (9) "Dropout" means a student who meets any one or more of |
2891 | the following criteria: |
2892 | (c) The student has withdrawn from school, but has not |
2893 | transferred to another public or private school or enrolled in |
2894 | any career and technical, adult, home education, or alternative |
2895 | educational program; |
2896 |
|
2897 | The State Board of Education may adopt rules to implement the |
2898 | provisions of this subsection. |
2899 | (15) "Extracurricular courses" means all courses that are |
2900 | not defined as "core-curricula courses," which may include, but |
2901 | are not limited to, physical education, fine arts, performing |
2902 | fine arts, vocational education, and career and technical |
2903 | education. The term is limited in meaning and used for the sole |
2904 | purpose of designating classes that are not subject to the |
2905 | maximum class size requirements established in s. 1, Art. IX of |
2906 | the State Constitution. |
2907 | Section 83. Section 1003.02, Florida Statutes, is amended |
2908 | to read: |
2909 | 1003.02 District school board operation and control of |
2910 | public K-12 education within the school district.--As provided |
2911 | in part II of chapter 1001, district school boards are |
2912 | constitutionally and statutorily charged with the operation and |
2913 | control of public K-12 education within their school district. |
2914 | The district school boards must establish, organize, and operate |
2915 | their public K-12 schools and educational programs, employees, |
2916 | and facilities. Their responsibilities include staff |
2917 | development, public K-12 school student education including |
2918 | education for exceptional students and students in juvenile |
2919 | justice programs, special programs, adult education programs, |
2920 | and career and technical education programs. Additionally, |
2921 | district school boards must: |
2922 | (1) Provide for the proper accounting for all students of |
2923 | school age, for the attendance and control of students at |
2924 | school, and for proper attention to health, safety, and other |
2925 | matters relating to the welfare of students in the following |
2926 | fields: |
2927 | (a) Admission, classification, promotion, and graduation |
2928 | of students.--Adopt rules for admitting, classifying, promoting, |
2929 | and graduating students to or from the various schools of the |
2930 | district. |
2931 | (b) Enforcement of attendance laws.--Provide for the |
2932 | enforcement of all laws and rules relating to the attendance of |
2933 | students at school. |
2934 | (c) Control of students.-- |
2935 | 1. Adopt rules for the control, attendance, discipline, |
2936 | in-school suspension, suspension, and expulsion of students and |
2937 | decide all cases recommended for expulsion. |
2938 | 2. Maintain a code of student conduct as provided in |
2939 | chapter 1006. |
2940 | (d) Courses of study and instructional materials.-- |
2941 | 1. Provide adequate instructional materials for all |
2942 | students as follows and in accordance with the requirements of |
2943 | chapter 1006, in the core courses of mathematics, language arts, |
2944 | social studies, science, reading, and literature, except for |
2945 | instruction for which the school advisory council approves the |
2946 | use of a program that does not include a textbook as a major |
2947 | tool of instruction. |
2948 | 2. Adopt courses of study for use in the schools of the |
2949 | district. |
2950 | 3. Provide for proper requisitioning, distribution, |
2951 | accounting, storage, care, and use of all instructional |
2952 | materials as may be needed, and ensure that instructional |
2953 | materials used in the district are consistent with the district |
2954 | goals and objectives and the curriculum frameworks approved by |
2955 | the State Board of Education, as well as with the state and |
2956 | school district performance standards required by law and state |
2957 | board rule. |
2958 | (e) Transportation.--Make provision for the transportation |
2959 | of students to the public schools or school activities they are |
2960 | required or expected to attend, efficiently and economically, in |
2961 | accordance with the requirements of chapter 1006. |
2962 | (f) Facilities and school plant.-- |
2963 | 1. Approve and adopt a districtwide school facilities |
2964 | program, in accordance with the requirements of chapter 1013. |
2965 | 2. Approve plans for locating, planning, constructing, |
2966 | sanitating, insuring, maintaining, protecting, and condemning |
2967 | school property as prescribed in chapter 1013. |
2968 | 3. Approve and adopt a districtwide school building |
2969 | program. |
2970 | 4. Select and purchase school sites, playgrounds, and |
2971 | recreational areas located at centers at which schools are to be |
2972 | constructed, of adequate size to meet the needs of projected |
2973 | students to be accommodated. |
2974 | 5. Approve the proposed purchase of any site, playground, |
2975 | or recreational area for which school district funds are to be |
2976 | used. |
2977 | 6. Expand existing sites. |
2978 | 7. Rent buildings when necessary. |
2979 | 8. Enter into leases or lease-purchase arrangements, in |
2980 | accordance with the requirements and conditions provided in s. |
2981 | 1013.15(2). |
2982 | 9. Provide for the proper supervision of construction. |
2983 | 10. Make or contract for additions, alterations, and |
2984 | repairs on buildings and other school properties. |
2985 | 11. Ensure that all plans and specifications for buildings |
2986 | provide adequately for the safety and well-being of students, as |
2987 | well as for economy of construction. |
2988 | 12. Provide adequately for the proper maintenance and |
2989 | upkeep of school plants. |
2990 | 13. Carry insurance on every school building in all school |
2991 | plants including contents, boilers, and machinery, except |
2992 | buildings of three classrooms or less which are of frame |
2993 | construction and located in a tenth class public protection zone |
2994 | as defined by the Florida Inspection and Rating Bureau, and on |
2995 | all school buses and other property under the control of the |
2996 | district school board or title to which is vested in the |
2997 | district school board, except as exceptions may be authorized |
2998 | under rules of the State Board of Education. |
2999 | 14. Condemn and prohibit the use for public school |
3000 | purposes of any building under the control of the district |
3001 | school board. |
3002 | (g) School operation.-- |
3003 | 1. Provide for the operation of all public schools as free |
3004 | schools for a term of at least 180 days or the equivalent on an |
3005 | hourly basis as specified by rules of the State Board of |
3006 | Education; determine district school funds necessary in addition |
3007 | to state funds to operate all schools for the minimum term; and |
3008 | arrange for the levying of district school taxes necessary to |
3009 | provide the amount needed from district sources. |
3010 | 2. Prepare, adopt, and timely submit to the Department of |
3011 | Education, as required by law and by rules of the State Board of |
3012 | Education, the annual school budget, so as to promote the |
3013 | improvement of the district school system. |
3014 | (h) Records and reports.-- |
3015 | 1. Keep all necessary records and make all needed and |
3016 | required reports, as required by law or by rules of the State |
3017 | Board of Education. |
3018 | 2. At regular intervals require reports to be made by |
3019 | principals or teachers in all public schools to the parents of |
3020 | the students enrolled and in attendance at their schools, |
3021 | apprising them of the academic and other progress being made by |
3022 | the student and giving other useful information. |
3023 | (i) Parental notification of acceleration mechanisms.--At |
3024 | the beginning of each school year, notify parents of students in |
3025 | or entering high school of the opportunity and benefits of |
3026 | advanced placement, International Baccalaureate, Advanced |
3027 | International Certificate of Education, dual enrollment, and |
3028 | Florida Virtual School courses. |
3029 | (2) Require that all laws, all rules of the State Board of |
3030 | Education, and all rules of the district school board are |
3031 | properly enforced. |
3032 | (3) Maintain a system of school improvement and education |
3033 | accountability as required by law and State Board of Education |
3034 | rule, including but not limited to the requirements of chapter |
3035 | 1008. |
3036 | (4) In order to reduce the anonymity of students in large |
3037 | schools, adopt policies that encourage subdivision of the school |
3038 | into schools-within-a-school, which shall operate within |
3039 | existing resources. A "school-within-a-school" means an |
3040 | operational program that uses flexible scheduling, team |
3041 | planning, and curricular and instructional innovation to |
3042 | organize groups of students with groups of teachers as smaller |
3043 | units, so as to functionally operate as a smaller school. |
3044 | Examples of this include, but are not limited to: |
3045 | (a) An organizational arrangement assigning both students |
3046 | and teachers to smaller units in which the students take some or |
3047 | all of their coursework with their fellow grouped students and |
3048 | from the teachers assigned to the smaller unit. A unit may be |
3049 | grouped together for 1 year or on a vertical, multiyear basis. |
3050 | (b) An organizational arrangement similar to that |
3051 | described in paragraph(a) with additional variations in |
3052 | instruction and curriculum. The smaller unit usually seeks to |
3053 | maintain a program different from that of the larger school, or |
3054 | of other smaller units. It may be vertically organized, but is |
3055 | dependent upon the school principal for its existence, budget, |
3056 | and staff. |
3057 | (c) A separate and autonomous smaller unit formally |
3058 | authorized by the district school board or district school |
3059 | superintendent. The smaller unit plans and runs its own program, |
3060 | has its own staff and students, and receives its own separate |
3061 | budget. The smaller unit must negotiate the use of common space |
3062 | with the larger school and defer to the building principal on |
3063 | matters of safety and building operation. |
3064 | Section 84. Paragraph (h) of subsection (1) of section |
3065 | 1003.43, Florida Statutes, is amended to read: |
3066 | 1003.43 General requirements for high school graduation.-- |
3067 | (1) Graduation requires successful completion of either a |
3068 | minimum of 24 academic credits in grades 9 through 12 or an |
3069 | International Baccalaureate curriculum. The 24 credits shall be |
3070 | distributed as follows: |
3071 | (h)1. One credit in practical arts career and technical |
3072 | education or exploratory career and technical education. Any |
3073 | career and technical education course as defined in s. 1003.01 |
3074 | may be taken to satisfy the high school graduation requirement |
3075 | for one credit in practical arts or exploratory career and |
3076 | technical education provided in this subparagraph; |
3077 | 2. One credit in performing fine arts to be selected from |
3078 | music, dance, drama, painting, or sculpture. A course in any art |
3079 | form, in addition to painting or sculpture, that requires manual |
3080 | dexterity, or a course in speech and debate, may be taken to |
3081 | satisfy the high school graduation requirement for one credit in |
3082 | performing arts pursuant to this subparagraph; or |
3083 | 3. One-half credit each in practical arts career and |
3084 | technical education or exploratory career and technical |
3085 | education and performing fine arts, as defined in this |
3086 | paragraph. |
3087 |
|
3088 | Such credit for practical arts career and technical education or |
3089 | exploratory career and technical education or for performing |
3090 | fine arts shall be made available in the 9th grade, and students |
3091 | shall be scheduled into a 9th grade course as a priority. |
3092 |
|
3093 | District school boards may award a maximum of one-half credit in |
3094 | social studies and one-half elective credit for student |
3095 | completion of nonpaid voluntary community or school service |
3096 | work. Students choosing this option must complete a minimum of |
3097 | 75 hours of service in order to earn the one-half credit in |
3098 | either category of instruction. Credit may not be earned for |
3099 | service provided as a result of court action. District school |
3100 | boards that approve the award of credit for student volunteer |
3101 | service shall develop guidelines regarding the award of the |
3102 | credit, and school principals are responsible for approving |
3103 | specific volunteer activities. A course designated in the Course |
3104 | Code Directory as grade 9 through grade 12 that is taken below |
3105 | the 9th grade may be used to satisfy high school graduation |
3106 | requirements or Florida Academic Scholars award requirements as |
3107 | specified in a district school board's student progression plan. |
3108 | A student shall be granted credit toward meeting the |
3109 | requirements of this subsection for equivalent courses, as |
3110 | identified pursuant to s. 1007.271(6), taken through dual |
3111 | enrollment. |
3112 | Section 85. Subsection (3) of section 1003.47, Florida |
3113 | Statutes, is amended to read: |
3114 | 1003.47 Biological experiments on living subjects.-- |
3115 | (3) If any instructional employee of a public high school |
3116 | or career area technical center knowingly or intentionally fails |
3117 | or refuses to comply with any of the provisions of this section, |
3118 | the district school board may suspend, dismiss, return to annual |
3119 | contract, or otherwise discipline such employee as provided in |
3120 | s. 1012.22(1)(f) in accordance with procedures established in |
3121 | chapter 1012. If any instructional employee of any private |
3122 | school knowingly or intentionally fails or refuses to comply |
3123 | with the provisions of this section, the governing authority of |
3124 | the private school may suspend, dismiss, or otherwise discipline |
3125 | such employee in accordance with its standard personnel |
3126 | procedures. |
3127 | Section 86. Paragraphs (e) and (f) of subsection (2) of |
3128 | section 1003.51, Florida Statutes, are amended to read: |
3129 | 1003.51 Other public educational services.-- |
3130 | (2) The State Board of Education shall adopt and maintain |
3131 | an administrative rule articulating expectations for effective |
3132 | education programs for youth in Department of Juvenile Justice |
3133 | programs, including, but not limited to, education programs in |
3134 | juvenile justice commitment and detention facilities. The rule |
3135 | shall articulate policies and standards for education programs |
3136 | for youth in Department of Juvenile Justice programs and shall |
3137 | include the following: |
3138 | (e) Assessment procedures, which: |
3139 | 1. Include appropriate academic and career and technical |
3140 | assessments administered at program entry and exit that are |
3141 | selected by the Department of Education in partnership with |
3142 | representatives from the Department of Juvenile Justice, |
3143 | district school boards, and providers. |
3144 | 2. Require district school boards to be responsible for |
3145 | ensuring the completion of the assessment process. |
3146 | 3. Require assessments for students in detention who will |
3147 | move on to commitment facilities, to be designed to create the |
3148 | foundation for developing the student's education program in the |
3149 | assigned commitment facility. |
3150 | 4. Require assessments of students sent directly to |
3151 | commitment facilities to be completed within the first week of |
3152 | the student's commitment. |
3153 |
|
3154 | The results of these assessments, together with a portfolio |
3155 | depicting the student's academic and career and technical |
3156 | accomplishments, shall be included in the discharge package |
3157 | assembled for each youth. |
3158 | (f) Recommended instructional programs, including, but not |
3159 | limited to, career and technical training and job preparation. |
3160 | Section 87. Paragraph (c) of subsection (1) and |
3161 | subsections (3), (5), and (23) of section 1003.52, Florida |
3162 | Statutes, are amended to read: |
3163 | 1003.52 Educational services in Department of Juvenile |
3164 | Justice programs.-- |
3165 | (1) The Legislature finds that education is the single |
3166 | most important factor in the rehabilitation of adjudicated |
3167 | delinquent youth in the custody of the Department of Juvenile |
3168 | Justice in detention or commitment facilities. It is the goal of |
3169 | the Legislature that youth in the juvenile justice system |
3170 | continue to be allowed the opportunity to obtain a high quality |
3171 | education. The Department of Education shall serve as the lead |
3172 | agency for juvenile justice education programs, curriculum, |
3173 | support services, and resources. To this end, the Department of |
3174 | Education and the Department of Juvenile Justice shall each |
3175 | designate a Coordinator for Juvenile Justice Education Programs |
3176 | to serve as the point of contact for resolving issues not |
3177 | addressed by district school boards and to provide each |
3178 | department's participation in the following activities: |
3179 | (c) Developing academic and career and technical protocols |
3180 | that provide guidance to district school boards and providers in |
3181 | all aspects of education programming, including records transfer |
3182 | and transition. |
3183 |
|
3184 | Annually, a cooperative agreement and plan for juvenile justice |
3185 | education service enhancement shall be developed between the |
3186 | Department of Juvenile Justice and the Department of Education |
3187 | and submitted to the Secretary of Juvenile Justice and the |
3188 | Commissioner of Education by June 30. |
3189 | (3) The district school board of the county in which the |
3190 | residential or nonresidential care facility or juvenile |
3191 | assessment facility is located shall provide appropriate |
3192 | educational assessments and an appropriate program of |
3193 | instruction and special education services. The district school |
3194 | board shall make provisions for each student to participate in |
3195 | basic, career and technical education, and exceptional student |
3196 | programs as appropriate. Students served in Department of |
3197 | Juvenile Justice programs shall have access to the appropriate |
3198 | courses and instruction to prepare them for the GED test. |
3199 | Students participating in GED preparation programs shall be |
3200 | funded at the basic program cost factor for Department of |
3201 | Juvenile Justice programs in the Florida Education Finance |
3202 | Program. Each program shall be conducted according to applicable |
3203 | law providing for the operation of public schools and rules of |
3204 | the State Board of Education. |
3205 | (5) The educational program shall consist of appropriate |
3206 | basic academic, career and technical, or exceptional curricula |
3207 | and related services which support the treatment goals and |
3208 | reentry and which may lead to completion of the requirements for |
3209 | receipt of a high school diploma or its equivalent. If the |
3210 | duration of a program is less than 40 days, the educational |
3211 | component may be limited to tutorial activities and career and |
3212 | technical employability skills. |
3213 | (23) The Department of Juvenile Justice and the Department |
3214 | of Education shall, in consultation with the statewide Workforce |
3215 | Development Youth Council, district school boards, providers, |
3216 | and others, jointly develop a multiagency plan for career and |
3217 | technical education which describes the curriculum, goals, and |
3218 | outcome measures for career and technical education programming |
3219 | in juvenile commitment facilities, pursuant to s. 985.3155. |
3220 | Section 88. Subsections (21), (23), (25), and (26) of |
3221 | section 1004.02, Florida Statutes, are amended to read: |
3222 | 1004.02 Definitions.--As used in this chapter: |
3223 | (21) "Career Technical certificate program" means a course |
3224 | of study that leads to at least one occupational completion |
3225 | point. The program may also confer credit that may articulate |
3226 | with a diploma or career technical degree education program, if |
3227 | authorized by rules of the State Board of Education. Any credit |
3228 | instruction designed to articulate to a degree program is |
3229 | subject to guidelines and standards adopted by the Department of |
3230 | Education pursuant to chapter 1007. The term is interchangeable |
3231 | with the term "certificate career and technical education |
3232 | program." |
3233 | (23) "Career and technical education planning region" |
3234 | means the geographic area in which career and technical or adult |
3235 | education is provided. Each career and technical region is |
3236 | contiguous with one of the 28 community college service areas. |
3237 | (25) "Career and technical program" means a group of |
3238 | identified competencies leading to occupations identified by a |
3239 | Classification of Instructional Programs number. |
3240 | (26) "Workforce development education" means adult general |
3241 | education or career and technical education and may consist of a |
3242 | continuing workforce education course or a program of study |
3243 | leading to an occupational completion point, a career technical |
3244 | certificate, an applied technology diploma, or a career |
3245 | technical degree. |
3246 | Section 89. Paragraph (f) of subsection (5) of section |
3247 | 1004.04, Florida Statutes, is amended to read: |
3248 | 1004.04 Public accountability and state approval for |
3249 | teacher preparation programs.-- |
3250 | (5) CONTINUED PROGRAM APPROVAL.--Notwithstanding |
3251 | subsection (4), failure by a public or nonpublic teacher |
3252 | preparation program to meet the criteria for continued program |
3253 | approval shall result in loss of program approval. The |
3254 | Department of Education, in collaboration with the departments |
3255 | and colleges of education, shall develop procedures for |
3256 | continued program approval that document the continuous |
3257 | improvement of program processes and graduates' performance. |
3258 | (f)1. Each Florida public and private institution that |
3259 | offers a state-approved teacher preparation program must |
3260 | annually report information regarding these programs to the |
3261 | state and the general public. This information shall be reported |
3262 | in a uniform and comprehensible manner that is consistent with |
3263 | definitions and methods approved by the Commissioner of the |
3264 | National Center for Educational Statistics and that is approved |
3265 | by the State Board of Education. This information must include, |
3266 | at a minimum: |
3267 | a. The percent of graduates obtaining full-time teaching |
3268 | employment within the first year of graduation. |
3269 | b. The average length of stay of graduates in their full- |
3270 | time teaching positions. |
3271 | c. Satisfaction ratings required in paragraph (e). |
3272 | 2. Each public and private institution offering training |
3273 | for school readiness related professions, including training in |
3274 | the fields of child care and early childhood education, whether |
3275 | offering career technical credit, associate in applied science |
3276 | degree programs, associate in science degree programs, or |
3277 | associate in arts degree programs, shall annually report |
3278 | information regarding these programs to the state and the |
3279 | general public in a uniform and comprehensible manner that |
3280 | conforms with definitions and methods approved by the State |
3281 | Board of Education. This information must include, at a minimum: |
3282 | a. Average length of stay of graduates in their positions. |
3283 | b. Satisfaction ratings of graduates' employers. |
3284 |
|
3285 | This information shall be reported through publications, |
3286 | including college and university catalogs and promotional |
3287 | materials sent to potential applicants, secondary school |
3288 | guidance counselors, and prospective employers of the |
3289 | institution's program graduates. |
3290 | Section 90. Section 1004.07, Florida Statutes, is amended |
3291 | to read: |
3292 | 1004.07 Student withdrawal from courses due to military |
3293 | service; effect.--Each district school board, community college |
3294 | district board of trustees, and university board of trustees |
3295 | shall establish, by rule and pursuant to guidelines of the State |
3296 | Board of Education, policies regarding currently enrolled |
3297 | students who are called to, or enlist in, active military |
3298 | service. Such policies shall provide that any student enrolled |
3299 | in a postsecondary course or courses at a career an area |
3300 | technical center, a public community college, a public college, |
3301 | or a state university shall not incur academic or financial |
3302 | penalties by virtue of performing military service on behalf of |
3303 | our country. Such student shall be permitted the option of |
3304 | either completing the course or courses at a later date without |
3305 | penalty or withdrawing from the course or courses with a full |
3306 | refund of fees paid. If the student chooses to withdraw, the |
3307 | student's record shall reflect that the withdrawal is due to |
3308 | active military service. |
3309 | Section 91. Paragraphs (b), (c), (d), and (g) of |
3310 | subsection (4) of section 1004.54, Florida Statutes, are amended |
3311 | to read: |
3312 | 1004.54 Learning Development and Evaluation Center.-- |
3313 | (4) An outreach component shall be established which shall |
3314 | include: |
3315 | (b) Working with community colleges, career technical |
3316 | centers, and community agencies to identify students who may |
3317 | benefit from the program. |
3318 | (c) Providing secondary schools, community colleges, |
3319 | career technical centers, and community agencies with a |
3320 | description of methods used by the program for identification of |
3321 | students who have learning disabilities. |
3322 | (d) Providing secondary schools, community colleges, |
3323 | career technical centers, and community agencies with a |
3324 | description of program services and the support services |
3325 | available. |
3326 | (g) Designing, developing, and implementing, in |
3327 | cooperation with Florida Agricultural and Mechanical University, |
3328 | public school districts, community colleges, and career |
3329 | technical centers within the Department of Education, model |
3330 | programs for the learning disabled student. |
3331 | Section 92. Subsection (6) and paragraph (a) of subsection |
3332 | (8) of section 1004.65, Florida Statutes, are amended to read: |
3333 | 1004.65 Community colleges; definition, mission, and |
3334 | responsibilities.-- |
3335 | (6) The primary mission and responsibility of community |
3336 | colleges is responding to community needs for postsecondary |
3337 | academic education and career technical degree education. This |
3338 | mission and responsibility includes being responsible for: |
3339 | (a) Providing lower level undergraduate instruction and |
3340 | awarding associate degrees. |
3341 | (b) Preparing students directly for careers vocations |
3342 | requiring less than baccalaureate degrees. This may include |
3343 | preparing for job entry, supplementing of skills and knowledge, |
3344 | and responding to needs in new areas of technology. Career and |
3345 | technical education in the community college shall consist of |
3346 | career technical certificates, credit courses leading to |
3347 | associate in science degrees and associate in applied science |
3348 | degrees, and other programs in fields requiring substantial |
3349 | academic work, background, or qualifications. A community |
3350 | college may offer career and technical education programs in |
3351 | fields having lesser academic or technical requirements. |
3352 | (c) Providing student development services, including |
3353 | assessment, student tracking, support for disabled students, |
3354 | advisement, counseling, financial aid, career development, and |
3355 | remedial and tutorial services, to ensure student success. |
3356 | (d) Promoting economic development for the state within |
3357 | each community college district through the provision of special |
3358 | programs, including, but not limited to, the: |
3359 | 1. Enterprise Florida-related programs. |
3360 | 2. Technology transfer centers. |
3361 | 3. Economic development centers. |
3362 | 4. Workforce literacy programs. |
3363 | (e) Providing dual enrollment instruction. |
3364 | (8) Funding for community colleges shall reflect their |
3365 | mission as follows: |
3366 | (a) Postsecondary academic and career and technical |
3367 | education programs and adult general education programs shall |
3368 | have first priority in community college funding. |
3369 | Section 93. Paragraph (b) of subsection (3) and paragraph |
3370 | (a) of subsection (8) of section 1004.73, Florida Statutes, are |
3371 | amended to read: |
3372 | 1004.73 St. Petersburg College.-- |
3373 | (3) STUDENTS; FEES.-- |
3374 | (b) The Board of Trustees of St. Petersburg College shall |
3375 | establish the level of tuition and other authorized student fees |
3376 | consistent with law and proviso in the General Appropriations |
3377 | Act. |
3378 | 1. For each credit hour of enrollment in a certificate |
3379 | level course or lower-division level college credit course, |
3380 | tuition and fees must be within the range authorized in law and |
3381 | rule for a community college student at that level. |
3382 | 2. For each credit hour of enrollment in an upper-division |
3383 | level course, matriculation and tuition fees must be in an |
3384 | amount established by the Board of Trustees of St. Petersburg |
3385 | College. However, fees for upper-division students must reflect |
3386 | the fact that the college does not incur the costs of major |
3387 | research programs. Therefore, the board of trustees shall |
3388 | establish fees for upper-division students within a range that |
3389 | is lower than the fees established for students at a state |
3390 | university but higher than the fees for community college |
3391 | students. |
3392 | 3. Other mandatory fees and local fees must be at the same |
3393 | level for all lower-division students. For upper-division |
3394 | students, other mandatory fees and local fees must be at a level |
3395 | less than fees established for University of South Florida |
3396 | students, regardless of program enrollment or level. However, |
3397 | students in workforce development education courses maintain the |
3398 | authorized fee exemptions described in s. 1009.25 and may be |
3399 | exempt from local fees imposed by the board of trustees, at the |
3400 | board's discretion. |
3401 | (8) STATE FUNDING.-- |
3402 | (a) The Legislature intends to fund St. Petersburg College |
3403 | as a community college for its workforce development education |
3404 | programs and for its lower-division level college credit courses |
3405 | and programs. |
3406 | Section 94. Subsections (1) and (2) of section 1004.91, |
3407 | Florida Statutes, are amended to read: |
3408 | 1004.91 Career-preparatory Vocational-preparatory |
3409 | instruction.-- |
3410 | (1) The State Board of Education shall adopt, by rule, |
3411 | standards of basic skill mastery for certificate career |
3412 | technical education programs. Each school district and community |
3413 | college that conducts programs that confer career technical |
3414 | credit shall provide career-preparatory vocational-preparatory |
3415 | instruction through which students receive the basic skills |
3416 | instruction required pursuant to this section. |
3417 | (2) Students who enroll in a program offered for career |
3418 | technical credit of 450 hours or more shall complete an entry- |
3419 | level examination within the first 6 weeks of admission into the |
3420 | program. The State Board of Education shall designate |
3421 | examinations that are currently in existence, the results of |
3422 | which are comparable across institutions, to assess student |
3423 | mastery of basic skills. Any student found to lack the required |
3424 | level of basic skills for such program shall be referred to |
3425 | career-preparatory vocational-preparatory instruction or adult |
3426 | basic education for a structured program of basic skills |
3427 | instruction. Such instruction may include English for speakers |
3428 | of other languages. A student may not receive a career technical |
3429 | certificate of completion without first demonstrating the basic |
3430 | skills required in the state curriculum frameworks for the |
3431 | program. |
3432 | Section 95. Section 1004.92, Florida Statutes, is amended |
3433 | to read: |
3434 | 1004.92 Purpose and responsibilities for career and |
3435 | technical education.-- |
3436 | (1) The purpose of career and technical education is to |
3437 | enable students who complete career and technical programs to |
3438 | attain and sustain employment and realize economic self- |
3439 | sufficiency. The purpose of this section is to identify issues |
3440 | related to career and technical education for which school |
3441 | boards and community college boards of trustees are accountable. |
3442 | It is the intent of the Legislature that the standards |
3443 | articulated in subsection (2) be considered in the development |
3444 | of accountability standards for public schools pursuant to ss. |
3445 | 1000.03, 1001.42(16), and 1008.345 and for community colleges |
3446 | pursuant to s. 1008.45. |
3447 | (2)(a) School board, superintendent, and career technical |
3448 | center, and community college board of trustees and president, |
3449 | accountability for career and technical education programs |
3450 | includes, but is not limited to: |
3451 | 1. Student demonstration of the academic skills necessary |
3452 | to enter an occupation. |
3453 | 2. Student preparation to enter an occupation in an entry- |
3454 | level position or continue postsecondary study. |
3455 | 3. Career and technical program articulation with other |
3456 | corresponding postsecondary programs and job training |
3457 | experiences. |
3458 | 4. Employer satisfaction with the performance of students |
3459 | who complete career and technical education or reach |
3460 | occupational completion points. |
3461 | 5. Student completion, placement, and retention rates |
3462 | pursuant to s. 1008.43. |
3463 | (b) Department of Education accountability for career and |
3464 | technical education includes, but is not limited to: |
3465 | 1. The provision of timely, accurate technical assistance |
3466 | to school districts and community colleges. |
3467 | 2. The provision of timely, accurate information to the |
3468 | State Board of Education, the Legislature, and the public. |
3469 | 3. The development of policies, rules, and procedures that |
3470 | facilitate institutional attainment of the accountability |
3471 | standards and coordinate the efforts of all divisions within the |
3472 | department. |
3473 | 4. The development of program standards and industry- |
3474 | driven benchmarks for career and technical, adult, and community |
3475 | education programs, which must be updated every 3 years. The |
3476 | standards must include career technical, academic, and workplace |
3477 | skills; viability of distance learning for instruction; and |
3478 | work/learn cycles that are responsive to business and industry. |
3479 | 5. Overseeing school district and community college |
3480 | compliance with the provisions of this chapter. |
3481 | 6. Ensuring that the educational outcomes for the |
3482 | technical component of career and technical programs are uniform |
3483 | and designed to provide a graduate who is capable of entering |
3484 | the workforce on an equally competitive basis regardless of the |
3485 | institution of choice. |
3486 | (3) Each career technical center operated by a district |
3487 | school board shall establish a center advisory council pursuant |
3488 | to s. 1001.452. The center advisory council shall assist in the |
3489 | preparation and evaluation of center improvement plans required |
3490 | pursuant to s. 1001.42(16) and may provide assistance, upon the |
3491 | request of the center director, in the preparation of the |
3492 | center's annual budget and plan as required by s. 1008.385(1). |
3493 | Section 96. Paragraph (b) of subsection (1), paragraph (d) |
3494 | of subsection (2), and paragraph (c) of subsection (4) of |
3495 | section 1004.93, Florida Statutes, are amended to read: |
3496 | 1004.93 Adult general education.-- |
3497 | (1) |
3498 | (b) It is further intended that educational opportunities |
3499 | be available for adults who have earned a diploma or high school |
3500 | equivalency diploma but who lack the basic skills necessary to |
3501 | function effectively in everyday situations, to enter the job |
3502 | market, or to enter career technical certificate instruction. |
3503 | (2) The adult education program must provide academic |
3504 | services to students in the following priority: |
3505 | (d) Students who have earned high school diplomas and |
3506 | require specific improvement in order to: |
3507 | 1. Obtain or maintain employment or benefit from |
3508 | certificate career technical education programs; |
3509 | 2. Pursue a postsecondary degree; or |
3510 | 3. Develop competence in the English language to qualify |
3511 | for employment. |
3512 | (4) |
3513 | (c) The State Board of Education shall define, by rule, |
3514 | the levels and courses of instruction to be funded through the |
3515 | college-preparatory program. The state board shall coordinate |
3516 | the establishment of costs for college-preparatory courses, the |
3517 | establishment of statewide standards that define required levels |
3518 | of competence, acceptable rates of student progress, and the |
3519 | maximum amount of time to be allowed for completion of college- |
3520 | preparatory instruction. College-preparatory instruction is part |
3521 | of an associate in arts degree program and may not be funded as |
3522 | an adult career and technical education program. |
3523 | Section 97. Subsection (2) of section 1004.98, Florida |
3524 | Statutes, is amended to read: |
3525 | 1004.98 Workforce literacy programs.-- |
3526 | (2) Each community college and school district may conduct |
3527 | courses and programs through which adults gain the communication |
3528 | and computation skills necessary to complete a career and |
3529 | technical program, to gain or maintain entry-level employment, |
3530 | or to upgrade employment. Courses may not be conducted until the |
3531 | community college or school district identifies current and |
3532 | prospective employees who do not possess the skills necessary to |
3533 | enter career and technical programs or to obtain or maintain |
3534 | employment. |
3535 | Section 98. Subsection (8) of section 1005.02, Florida |
3536 | Statutes, is amended to read: |
3537 | 1005.02 Definitions.--As used in this chapter, the term: |
3538 | (8) "Diploma" means a credential that is not a degree but |
3539 | is any of the following: a certificate, transcript, report, |
3540 | document, or title; a designation, mark, or appellation; or a |
3541 | series of letters, numbers, or words that generally are taken to |
3542 | signify satisfactory completion of the requirements of an |
3543 | educational, technical, or career program of study or training |
3544 | or course of study. |
3545 | Section 99. Subsection (2) of section 1005.06, Florida |
3546 | Statutes, is amended to read: |
3547 | 1005.06 Institutions not under the jurisdiction or purview |
3548 | of the commission.-- |
3549 | (2) The Department of Education may contract with the |
3550 | Commission on Independent Education to provide services for |
3551 | independent postsecondary educational institutions not under the |
3552 | jurisdiction of the commission relating to licensure of |
3553 | postsecondary career technical certificate and diploma programs |
3554 | that such institutions may wish to offer and preliminary review |
3555 | of programs such institutions may wish to offer which are beyond |
3556 | the scope of the institutions's current accreditation status. |
3557 | Upon completion of its review, the commission shall forward its |
3558 | recommendation to the department for final action. The |
3559 | department shall assess the institution seeking such services |
3560 | the cost to the commission of providing such services. Revenues |
3561 | collected pursuant to this provision shall be deposited in the |
3562 | Institutional Assessment Trust Fund. |
3563 | Section 100. Paragraph (c) of subsection (2) of section |
3564 | 1005.21, Florida Statutes, is amended to read: |
3565 | 1005.21 Commission for Independent Education.-- |
3566 | (2) The Commission for Independent Education shall consist |
3567 | of seven members who are residents of this state. The commission |
3568 | shall function in matters concerning independent postsecondary |
3569 | educational institutions in consumer protection, program |
3570 | improvement, and licensure for institutions under its purview. |
3571 | The Governor shall appoint the members of the commission who are |
3572 | subject to confirmation by the Senate. The membership of the |
3573 | commission shall consist of: |
3574 | (c) One member from a public school district or community |
3575 | college who is an administrator of career and technical |
3576 | education. |
3577 | Section 101. Subsections (2) and (5) of section 1006.035, |
3578 | Florida Statutes, are amended to read: |
3579 | 1006.035 Dropout reentry and mentor project.-- |
3580 | (2) The project shall identify 15 black students in each |
3581 | location who have dropped out of high school but were not |
3582 | encountering academic difficulty when they left school. Students |
3583 | chosen to participate may not have a high school diploma, be |
3584 | enrolled in an adult general education program which includes a |
3585 | GED program or an adult high school, or be enrolled in a career |
3586 | center technical school. Students may be employed but must be |
3587 | able to adjust their work schedules to accommodate classes and |
3588 | project sessions. Priority must be given to students who have |
3589 | dropped out of school within the last 3 years. |
3590 | (5) Selected project participants shall be evaluated and |
3591 | enrolled in a GED program, regular high school, career center |
3592 | technical school, or alternative school. In conjunction with |
3593 | school guidance personnel, project staff shall design a |
3594 | supplemental program to reinforce basic skills, provide |
3595 | additional counseling, and offer tutorial assistance. Weekly, |
3596 | project staff shall monitor students' attendance, performance, |
3597 | homework, and attitude toward school. |
3598 | Section 102. Subsection (1) of section 1006.051, Florida |
3599 | Statutes, is amended to read: |
3600 | 1006.051 Sunshine Workforce Solutions Grant Program.-- |
3601 | (1) The Legislature recognizes the need for school |
3602 | districts to be able to respond to critical workforce shortages |
3603 | in nursing. The Sunshine Workforce Solutions Grant Program is |
3604 | created to provide grants to school districts on a competitive |
3605 | basis to fund all or some of the costs associated with |
3606 | establishing an exploratory program in nursing at the middle |
3607 | school level or a comprehensive career and technical education |
3608 | program within a high school that provides a program of study in |
3609 | nursing that will provide a seamless transition to appropriate |
3610 | postsecondary education or employment. |
3611 | (a) A comprehensive career and technical education program |
3612 | within a high school that provides a program of study in nursing |
3613 | must be certified or endorsed by the Florida Board of Nursing to |
3614 | ensure that all components of the program are relevant and |
3615 | appropriate to prepare the student for further education and |
3616 | employment in nursing. |
3617 | (b) For career and technical education programs in which |
3618 | high school credit is articulated to a related postsecondary |
3619 | education program, there must be an articulation agreement that |
3620 | ensures seamless transition from one level to the next without a |
3621 | loss of credit for the student. |
3622 | (c) Participation in work-based learning experiences, as |
3623 | defined in rule by the Department of Education, shall be |
3624 | required in career and technical education programs at the high |
3625 | school level. |
3626 | Section 103. Paragraph (c) of subsection (3) of section |
3627 | 1006.21, Florida Statutes, is amended to read: |
3628 | 1006.21 Duties of district school superintendent and |
3629 | district school board regarding transportation.-- |
3630 | (3) District school boards, after considering |
3631 | recommendations of the district school superintendent: |
3632 | (c) May provide transportation for public school migrant, |
3633 | exceptional, nursery, and other public school students in |
3634 | membership below kindergarten; kindergarten through grade 12 |
3635 | students in membership in a public school; and adult students in |
3636 | membership in adult career and technical, basic, and high school |
3637 | graduation programs in a public school when, and only when, |
3638 | transportation is necessary to provide adequate educational |
3639 | facilities and opportunities which otherwise would not be |
3640 | available. |
3641 | Section 104. Paragraph (a) of subsection (4) of section |
3642 | 1006.31, Florida Statutes, is amended to read: |
3643 | 1006.31 Duties of each state instructional materials |
3644 | committee.--The duties of each state instructional materials |
3645 | committee are: |
3646 | (4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate |
3647 | carefully all instructional materials submitted, to ascertain |
3648 | which instructional materials, if any, submitted for |
3649 | consideration best implement the selection criteria developed by |
3650 | the commissioner and those curricular objectives included within |
3651 | applicable performance standards provided for in s. 1001.03(1). |
3652 | (a) When recommending instructional materials for use in |
3653 | the schools, each committee shall include only instructional |
3654 | materials that accurately portray the ethnic, socioeconomic, |
3655 | cultural, and racial diversity of our society, including men and |
3656 | women in professional, career and technical, and executive |
3657 | roles, and the role and contributions of the entrepreneur and |
3658 | labor in the total development of this state and the United |
3659 | States. |
3660 |
|
3661 | The findings of the committees, including the evaluation of |
3662 | instructional materials, shall be in sessions open to the |
3663 | public. All decisions leading to determinations of the |
3664 | committees shall be by roll call vote, and at no time will a |
3665 | secret ballot be permitted. |
3666 | Section 105. Paragraph (a) of subsection (2) and paragraph |
3667 | (b) of subsection (3) of section 1007.21, Florida Statutes, are |
3668 | amended to read: |
3669 | 1007.21 Readiness for postsecondary education and the |
3670 | workplace.-- |
3671 | (2)(a) Students entering the 9th grade and their parents |
3672 | shall be active participants in choosing an end-of-high-school |
3673 | student destination based upon both student and parent or |
3674 | guardian goals. Four or more destinations should be available |
3675 | with bridges between destinations to enable students to shift |
3676 | destinations should they choose to change goals. The |
3677 | destinations shall accommodate the needs of students served in |
3678 | exceptional education programs to the extent appropriate for |
3679 | individual students. Exceptional education students may continue |
3680 | to follow the courses outlined in the district school board |
3681 | student progression plan. Participating students and their |
3682 | parents shall choose among destinations, which must include: |
3683 | 1. Four-year college or university, community college plus |
3684 | university, or military academy. |
3685 | 2. Two-year postsecondary degree. |
3686 | 3. Postsecondary career and technical certificate. |
3687 | 4. Immediate employment or entry-level military. |
3688 | (3) |
3689 | (b) The school principal shall: |
3690 | 1. Designate a member of the existing instructional or |
3691 | administrative staff to serve as a specialist to help coordinate |
3692 | the use of student achievement strategies to help students |
3693 | succeed in their coursework. The specialist shall also assist |
3694 | teachers in integrating the academic and career and technical |
3695 | curricula, utilizing technology, providing feedback regarding |
3696 | student achievement, and implementing the Blueprint for Career |
3697 | Preparation and Tech Prep programs. |
3698 | 2. Institute strategies to eliminate reading, writing, and |
3699 | mathematics deficiencies of secondary students. |
3700 | Section 106. Paragraph (c) of subsection (1) of section |
3701 | 1007.23, Florida Statutes, is amended to read: |
3702 | 1007.23 Statewide articulation agreement.-- |
3703 | (1) The State Board of Education shall establish in rule a |
3704 | statewide articulation agreement that governs: |
3705 | (c) Admission of applied technology diploma program |
3706 | graduates from community colleges or career technical centers; |
3707 | Section 107. Subsection (2) of section 1007.24, Florida |
3708 | Statutes, is amended to read: |
3709 | 1007.24 Statewide course numbering system.-- |
3710 | (2) The Commissioner of Education shall appoint faculty |
3711 | committees representing faculties of participating institutions |
3712 | to recommend a single level for each course, including |
3713 | postsecondary career and technical education courses, included |
3714 | in the statewide course numbering system. |
3715 | (a) Any course designated as an upper-division-level |
3716 | course must be characterized by a need for advanced academic |
3717 | preparation and skills that a student would be unlikely to |
3718 | achieve without significant prior coursework. |
3719 | (b) A course that is offered as part of an associate in |
3720 | science degree program and as an upper-division course for a |
3721 | baccalaureate degree shall be designated for both the lower and |
3722 | upper division. |
3723 | (c) A course designated as lower-division may be offered |
3724 | by any community college. |
3725 | Section 108. Subsections (2) and (11) of section 1007.25, |
3726 | Florida Statutes, are amended to read: |
3727 | 1007.25 General education courses; common prerequisites; |
3728 | and other degree requirements.-- |
3729 | (2) The department shall identify postsecondary career and |
3730 | technical education programs offered by community colleges and |
3731 | district school boards. The department shall also identify |
3732 | career and technical courses designated as college credit |
3733 | courses applicable toward a career and technical education |
3734 | diploma or degree. Such courses must be identified within the |
3735 | statewide course numbering system. |
3736 | (11) The Commissioner of Education shall appoint faculty |
3737 | committees representing both community college and public school |
3738 | faculties to recommend to the commissioner for approval by the |
3739 | State Board of Education a standard program length and |
3740 | appropriate occupational completion points for each |
3741 | postsecondary career and technical certificate program, diploma, |
3742 | and degree. |
3743 | Section 109. Subsection (4) of section 1007.27, Florida |
3744 | Statutes, is amended to read: |
3745 | 1007.27 Articulated acceleration mechanisms.-- |
3746 | (4) It is the intent of the Legislature to provide |
3747 | articulated acceleration mechanisms for students who are in home |
3748 | education programs, as defined in s. 1003.01(11), consistent |
3749 | with the educational opportunities available to public and |
3750 | private secondary school students. Home education students may |
3751 | participate in dual enrollment, career and technical dual |
3752 | enrollment, early admission, and credit by examination. Credit |
3753 | earned by home education students through dual enrollment shall |
3754 | apply toward the completion of a home education program that |
3755 | meets the requirements of s. 1002.41. |
3756 | Section 110. Subsections (1), (3), (4), (8), and (10) of |
3757 | section 1007.271, Florida Statutes, are amended to read: |
3758 | 1007.271 Dual enrollment programs.-- |
3759 | (1) The dual enrollment program is the enrollment of an |
3760 | eligible secondary student or home education student in a |
3761 | postsecondary course creditable toward a career and technical |
3762 | certificate or an associate or baccalaureate degree. |
3763 | (3) The Department of Education shall adopt guidelines |
3764 | designed to achieve comparability across school districts of |
3765 | both student qualifications and teacher qualifications for dual |
3766 | enrollment courses. Student qualifications must demonstrate |
3767 | readiness for college-level coursework if the student is to be |
3768 | enrolled in college courses. Student qualifications must |
3769 | demonstrate readiness for career-level career and technical- |
3770 | level coursework if the student is to be enrolled in career and |
3771 | technical courses. In addition to the common placement |
3772 | examination, student qualifications for enrollment in college |
3773 | credit dual enrollment courses must include a 3.0 unweighted |
3774 | grade point average, and student qualifications for enrollment |
3775 | in career and technical certificate dual enrollment courses must |
3776 | include a 2.0 unweighted grade point average. Exceptions to the |
3777 | required grade point averages may be granted if the educational |
3778 | entities agree and the terms of the agreement are contained |
3779 | within the dual enrollment interinstitutional articulation |
3780 | agreement. Community college boards of trustees may establish |
3781 | additional admissions criteria, which shall be included in the |
3782 | district interinstitutional articulation agreement developed |
3783 | according to s. 1007.235, to ensure student readiness for |
3784 | postsecondary instruction. Additional requirements included in |
3785 | the agreement shall not arbitrarily prohibit students who have |
3786 | demonstrated the ability to master advanced courses from |
3787 | participating in dual enrollment courses. District school boards |
3788 | may not refuse to enter into an agreement with a local community |
3789 | college if that community college has the capacity to offer dual |
3790 | enrollment courses. |
3791 | (4) Career and technical dual enrollment shall be provided |
3792 | as a curricular option for secondary students to pursue in order |
3793 | to earn a series of elective credits toward the high school |
3794 | diploma. However, career and technical dual enrollment shall not |
3795 | supplant student acquisition of the diploma. Career and |
3796 | technical dual enrollment shall be available for secondary |
3797 | students seeking a degree or certificate from a complete career- |
3798 | preparatory job-preparatory program, but shall not sustain |
3799 | student enrollment in isolated career and technical courses. It |
3800 | is the intent of the Legislature that career and technical dual |
3801 | enrollment reflect the interests and aptitudes of the student. |
3802 | The provision of a comprehensive academic and career and |
3803 | technical dual enrollment program within the career area |
3804 | technical center or community college is supportive of |
3805 | legislative intent; however, such provision is not mandatory. |
3806 | (8) Career and technical early admission is a form of |
3807 | career and technical dual enrollment through which eligible |
3808 | secondary students enroll full time in a career an area |
3809 | technical center or a community college in courses that are |
3810 | creditable toward the high school diploma and the certificate or |
3811 | associate degree. Participation in the career and technical |
3812 | early admission program shall be limited to students who have |
3813 | completed a minimum of 6 semesters of full-time secondary |
3814 | enrollment, including studies undertaken in the ninth grade. |
3815 | Students enrolled pursuant to this section are exempt from the |
3816 | payment of registration, tuition, and laboratory fees. |
3817 | (10)(a) The dual enrollment program for home education |
3818 | students consists of the enrollment of an eligible home |
3819 | education secondary student in a postsecondary course creditable |
3820 | toward an associate degree, a career or technical certificate, |
3821 | or a baccalaureate degree. To participate in the dual enrollment |
3822 | program, an eligible home education secondary student must: |
3823 | 1. Provide proof of enrollment in a home education program |
3824 | pursuant to s. 1002.41. |
3825 | 2. Be responsible for his or her own instructional |
3826 | materials and transportation unless provided for otherwise. |
3827 | (b) Each career technical center, community college, and |
3828 | state university shall: |
3829 | 1. Delineate courses and programs for dually enrolled home |
3830 | education students. Courses and programs may be added, revised, |
3831 | or deleted at any time. |
3832 | 2. Identify eligibility criteria for home education |
3833 | student participation, not to exceed those required of other |
3834 | dually enrolled students. |
3835 | Section 111. Subsection (1) of section 1008.37, Florida |
3836 | Statutes, is amended to read: |
3837 | 1008.37 Postsecondary feedback of information to high |
3838 | schools.-- |
3839 | (1) The State Board of Education shall adopt rules that |
3840 | require the Commissioner of Education to report to the State |
3841 | Board of Education, the Legislature, and the district school |
3842 | boards on the performance of each first-time-in-postsecondary |
3843 | education student from each public high school in this state who |
3844 | is enrolled in a public postsecondary institution or public |
3845 | career technical center. Such reports must be based on |
3846 | information databases maintained by the Department of Education. |
3847 | In addition, the public postsecondary educational institutions |
3848 | and career technical centers shall provide district school |
3849 | boards access to information on student performance in regular |
3850 | and preparatory courses and shall indicate students referred for |
3851 | remediation pursuant to s. 1004.91 or s. 1008.30. |
3852 | Section 112. Paragraph (b) of subsection (1) of section |
3853 | 1008.385, Florida Statutes, is amended to read: |
3854 | 1008.385 Educational planning and information systems.-- |
3855 | (1) EDUCATIONAL PLANNING.-- |
3856 | (b) Each district school board shall maintain a continuing |
3857 | system of planning and budgeting designed to aid in identifying |
3858 | and meeting the educational needs of students and the public. |
3859 | Provision shall be made for coordination between district school |
3860 | boards and community college boards of trustees concerning the |
3861 | planning for career and technical education and adult |
3862 | educational programs. The major emphasis of the system shall be |
3863 | upon locally determined goals and objectives, the state plan for |
3864 | education, and the Sunshine State Standards developed by the |
3865 | Department of Education and adopted by the State Board of |
3866 | Education. The district planning and budgeting system must |
3867 | include consideration of student achievement data obtained |
3868 | pursuant to ss. 1008.22 and 1008.34. The system shall be |
3869 | structured to meet the specific management needs of the district |
3870 | and to align the budget adopted by the district school board |
3871 | with the plan the board has also adopted. Each district school |
3872 | board shall utilize its system of planning and budgeting to |
3873 | emphasize a system of school-based management in which |
3874 | individual school centers become the principal planning units |
3875 | and to integrate planning and budgeting at the school level. |
3876 | Section 113. Section 1008.405, Florida Statutes, is |
3877 | amended to read: |
3878 | 1008.405 Adult student information.--Each school district |
3879 | and community college shall maintain sufficient information for |
3880 | each student enrolled in workforce development education to |
3881 | allow local and state administrators to locate such student upon |
3882 | the termination of instruction and to determine the |
3883 | appropriateness of student placement in specific instructional |
3884 | programs. The State Board of Education shall adopt, in rule, |
3885 | specific information that must be maintained and acceptable |
3886 | means of maintaining that information. |
3887 | Section 114. Subsections (1) and (2) of section 1008.41, |
3888 | Florida Statutes, are amended to read: |
3889 | 1008.41 Workforce Development education; management |
3890 | information system.-- |
3891 | (1) The Commissioner of Education shall coordinate uniform |
3892 | program structures, common definitions, and uniform management |
3893 | information systems for workforce development education for all |
3894 | divisions within the department. In performing these functions, |
3895 | the commissioner shall designate deadlines after which data |
3896 | elements may not be changed for the coming fiscal or school |
3897 | year. School districts and community colleges shall be notified |
3898 | of data element changes at least 90 days prior to the start of |
3899 | the subsequent fiscal or school year. Such systems must provide |
3900 | for: |
3901 | (a) Individual student reporting. |
3902 | (b) Compliance with state and federal confidentiality |
3903 | requirements, except that the department shall have access to |
3904 | the unemployment insurance wage reports to collect and report |
3905 | placement information about former students. Such placement |
3906 | reports must not disclose the individual identities of former |
3907 | students. |
3908 | (c) Maximum use of automated technology and records in |
3909 | existing data bases and data systems. To the extent feasible, |
3910 | the Florida Information Resource Network shall be employed for |
3911 | this purpose. |
3912 | (d) Annual reports of student enrollment, completion, and |
3913 | placement by program. |
3914 | (2) The State Board of Education shall identify, by rule, |
3915 | the components to be included in the workforce development |
3916 | education management information system. All such components |
3917 | shall be comparable between school districts and community |
3918 | colleges. |
3919 | Section 115. Subsection (2) of section 1008.42, Florida |
3920 | Statutes, is amended to read: |
3921 | 1008.42 Public information on career and technical |
3922 | education programs.-- |
3923 | (2) The dissemination shall be conducted in accordance |
3924 | with the following procedures: |
3925 | (a) Annually, the Department of Education shall publish |
3926 | the placement rates and average quarterly earnings for students |
3927 | who complete each type of career technical certificate program |
3928 | and career technical degree program. This information must be |
3929 | aggregated to the state level and must be included in any |
3930 | accountability reports. A program that was created or modified |
3931 | so that placement rates cannot be calculated must be so |
3932 | identified in such reports. |
3933 | (b)1. Each district school board shall publish, at a |
3934 | minimum, the most recently available placement rate for each |
3935 | career technical certificate program conducted by that school |
3936 | district at the secondary school level and at the career |
3937 | technical degree level. The placement rates for the preceding 3 |
3938 | years shall be published if available, shall be included in each |
3939 | publication that informs the public of the availability of the |
3940 | program, and shall be made available to each school guidance |
3941 | counselor. If a program does not have a placement rate, a |
3942 | publication that lists or describes that program must state that |
3943 | the rate is unavailable. |
3944 | 2. Each community college shall publish, at a minimum, the |
3945 | most recent placement rate for each career technical certificate |
3946 | program and for each career technical degree program in its |
3947 | annual catalog. The placement rates for the preceding 3 years |
3948 | shall be published, if available, and shall be included in any |
3949 | publication that informs the public of the availability of the |
3950 | program. If a program does not have a placement rate, the |
3951 | publication that lists or describes that program must state that |
3952 | the rate is unavailable. |
3953 | 3. If a school district or a community college has |
3954 | calculated for a program a placement rate that differs from the |
3955 | rate reported by the department, and if each record of a |
3956 | placement was obtained through a process that was capable of |
3957 | being audited, procedurally sound, and consistent statewide, the |
3958 | district or the community college may use the locally calculated |
3959 | placement rate in the report required by this section. However, |
3960 | that rate may not be combined with the rate maintained in the |
3961 | computer files of the Department of Education's Florida |
3962 | Education and Training Placement Information Program. |
3963 | 4. An independent career and technical, trade, or business |
3964 | school may not publish a placement rate unless the placement |
3965 | rate was determined as provided by this section. |
3966 | Section 116. Paragraphs (a) and (c) of subsection (1) and |
3967 | subsection (2) of section 1008.43, Florida Statutes, are amended |
3968 | to read: |
3969 | 1008.43 Career and technical program reporting |
3970 | requirements.-- |
3971 | (1)(a) The Department of Education shall develop a system |
3972 | of performance measures in order to evaluate the career and |
3973 | technical education programs as required in s. 1008.42. This |
3974 | system must measure program enrollment, completion rates, |
3975 | placement rates, and amount of earnings at the time of |
3976 | placement. Placement and employment information, where |
3977 | applicable, shall contain data relevant to job retention, |
3978 | including retention rates. The State Board of Education shall |
3979 | adopt by rule the specific measures and any definitions needed |
3980 | to establish the system of performance measures. |
3981 | (c) The State Board of Education shall adopt standards for |
3982 | the department, district school boards, and community college |
3983 | district boards of trustees to use in program planning, program |
3984 | review, and program evaluation. The standards must include, at a |
3985 | minimum, the completion rates, placement rates, and earnings |
3986 | from employment of former students of career and technical |
3987 | education programs. |
3988 | (2) The State Board of Education shall adopt procedures |
3989 | for reviewing the career and technical education programs |
3990 | administered by the district school boards and the community |
3991 | college district boards of trustees when program performance |
3992 | falls below the standards required by this section. |
3993 | Section 117. Paragraphs (d) and (f) of subsection (1) of |
3994 | section 1008.45, Florida Statutes, are amended to read: |
3995 | 1008.45 Community college accountability process.-- |
3996 | (1) It is the intent of the Legislature that a management |
3997 | and accountability process be implemented which provides for the |
3998 | systematic, ongoing improvement and assessment of the |
3999 | improvement of the quality and efficiency of the Florida |
4000 | community colleges. Accordingly, the State Board of Education |
4001 | and the community college boards of trustees shall develop and |
4002 | implement an accountability plan to improve and evaluate the |
4003 | instructional and administrative efficiency and effectiveness of |
4004 | the Florida Community College System. This plan shall be |
4005 | designed in consultation with staff of the Governor and the |
4006 | Legislature and must address the following issues: |
4007 | (d) Job placement rates of community college career and |
4008 | technical students. |
4009 | (f) Career and technical accountability standards |
4010 | identified in s. 1008.42. |
4011 | Section 118. Subsection (14) of section 1009.23, Florida |
4012 | Statutes, is amended to read: |
4013 | 1009.23 Community college student fees.-- |
4014 | (14) Each community college board of trustees shall report |
4015 | only those students who have actually enrolled in instruction |
4016 | provided or supervised by instructional personnel under contract |
4017 | with the community college in calculations of actual full-time |
4018 | equivalent enrollments for state funding purposes. No student |
4019 | who has been exempted from taking a course or who has been |
4020 | granted academic or career technical credit through means other |
4021 | than actual coursework completed at the granting institution |
4022 | shall be calculated for enrollment in the course from which he |
4023 | or she has been exempted or granted credit. Community colleges |
4024 | that report enrollments in violation of this subsection shall be |
4025 | penalized at a rate equal to two times the value of such |
4026 | enrollments. Such penalty shall be charged against the following |
4027 | year's allocation from the Community College Program Fund and |
4028 | shall revert to the General Revenue Fund. |
4029 | Section 119. Subsections (1) and (2) of section 1009.25, |
4030 | Florida Statutes, are amended to read: |
4031 | 1009.25 Fee exemptions.-- |
4032 | (1) The following students are exempt from any requirement |
4033 | for the payment of tuition and fees, including lab fees, for |
4034 | adult basic, adult secondary, or career-preparatory vocational- |
4035 | preparatory instruction: |
4036 | (a) A student who does not have a high school diploma or |
4037 | its equivalent. |
4038 | (b) A student who has a high school diploma or its |
4039 | equivalent and who has academic skills at or below the eighth |
4040 | grade level pursuant to state board rule. A student is eligible |
4041 | for this exemption from fees if the student's skills are at or |
4042 | below the eighth grade level as measured by a test administered |
4043 | in the English language and approved by the Department of |
4044 | Education, even if the student has skills above that level when |
4045 | tested in the student's native language. |
4046 | (2) The following students are exempt from the payment of |
4047 | tuition and fees, including lab fees, at a school district that |
4048 | provides postsecondary career and technical programs, community |
4049 | college, or state university: |
4050 | (a) A student enrolled in a dual enrollment or early |
4051 | admission program pursuant to s. 1007.27 or s. 1007.271. |
4052 | (b) A student enrolled in an approved apprenticeship |
4053 | program, as defined in s. 446.021. |
4054 | (c) A student to whom the state has awarded a Road-to- |
4055 | Independence Scholarship, or who is or was at the time he or she |
4056 | reached 18 years of age in the custody of a relative under s. |
4057 | 39.5085, or who is adopted from the Department of Children and |
4058 | Family Services after May 5, 1997. Such exemption includes fees |
4059 | associated with enrollment in career-preparatory vocational- |
4060 | preparatory instruction and completion of the college-level |
4061 | communication and computation skills testing program. Such an |
4062 | exemption is available to any student who was in the custody of |
4063 | a relative under s. 39.5085 at the time he or she reached 18 |
4064 | years of age or was adopted from the Department of Children and |
4065 | Family Services after May 5, 1997; however, the exemption |
4066 | remains valid for no more than 4 years after the date of |
4067 | graduation from high school. |
4068 | (d) A student enrolled in an employment and training |
4069 | program under the welfare transition program. The regional |
4070 | workforce board shall pay the state university, community |
4071 | college, or school district for costs incurred for welfare |
4072 | transition program participants. |
4073 | (e) A student who lacks a fixed, regular, and adequate |
4074 | nighttime residence or whose primary nighttime residence is a |
4075 | public or private shelter designed to provide temporary |
4076 | residence for individuals intended to be institutionalized, or a |
4077 | public or private place not designed for, or ordinarily used as, |
4078 | a regular sleeping accommodation for human beings. |
4079 | (f) A student who is a proprietor, owner, or worker of a |
4080 | company whose business has been at least 50 percent negatively |
4081 | financially impacted by the buy-out of property around Lake |
4082 | Apopka by the State of Florida. Such a student may receive a fee |
4083 | exemption only if the student has not received compensation |
4084 | because of the buy-out, the student is designated a Florida |
4085 | resident for tuition purposes, pursuant to s. 1009.21, and the |
4086 | student has applied for and been denied financial aid, pursuant |
4087 | to s. 1009.40, which would have provided, at a minimum, payment |
4088 | of all student fees. The student is responsible for providing |
4089 | evidence to the postsecondary education institution verifying |
4090 | that the conditions of this paragraph have been met, including |
4091 | support documentation provided by the Department of Revenue. The |
4092 | student must be currently enrolled in, or begin coursework |
4093 | within, a program area by fall semester 2000. The exemption is |
4094 | valid for a period of 4 years from the date that the |
4095 | postsecondary education institution confirms that the conditions |
4096 | of this paragraph have been met. |
4097 | Section 120. Paragraph (a) of subsection (1) of section |
4098 | 1009.40, Florida Statutes, is amended to read: |
4099 | 1009.40 General requirements for student eligibility for |
4100 | state financial aid.-- |
4101 | (1)(a) The general requirements for eligibility of |
4102 | students for state financial aid awards consist of the |
4103 | following: |
4104 | 1. Achievement of the academic requirements of and |
4105 | acceptance at a state university or community college; a nursing |
4106 | diploma school approved by the Florida Board of Nursing; a |
4107 | Florida college, university, or community college which is |
4108 | accredited by an accrediting agency recognized by the State |
4109 | Board of Education; any Florida institution the credits of which |
4110 | are acceptable for transfer to state universities; any career |
4111 | technical center; or any private career technical institution |
4112 | accredited by an accrediting agency recognized by the State |
4113 | Board of Education. |
4114 | 2. Residency in this state for no less than 1 year |
4115 | preceding the award of aid for a program established pursuant to |
4116 | s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. |
4117 | 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. |
4118 | 1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s. |
4119 | 1009.89. Residency in this state must be for purposes other than |
4120 | to obtain an education. Resident status for purposes of |
4121 | receiving state financial aid awards shall be determined in the |
4122 | same manner as resident status for tuition purposes pursuant to |
4123 | s. 1009.21 and rules of the State Board of Education. |
4124 | 3. Submission of certification attesting to the accuracy, |
4125 | completeness, and correctness of information provided to |
4126 | demonstrate a student's eligibility to receive state financial |
4127 | aid awards. Falsification of such information shall result in |
4128 | the denial of any pending application and revocation of any |
4129 | award currently held to the extent that no further payments |
4130 | shall be made. Additionally, students who knowingly make false |
4131 | statements in order to receive state financial aid awards shall |
4132 | be guilty of a misdemeanor of the second degree subject to the |
4133 | provisions of s. 837.06 and shall be required to return all |
4134 | state financial aid awards wrongfully obtained. |
4135 | Section 121. Subsection (2) of section 1009.532, Florida |
4136 | Statutes, is amended to read: |
4137 | 1009.532 Florida Bright Futures Scholarship Program; |
4138 | student eligibility requirements for renewal awards.-- |
4139 | (2) A student who is enrolled in a program that terminates |
4140 | in an associate degree or a baccalaureate degree may receive an |
4141 | award for a maximum of 110 percent of the number of credit hours |
4142 | required to complete the program. A student who is enrolled in a |
4143 | program that terminates in a career technical certificate may |
4144 | receive an award for a maximum of 110 percent of the credit |
4145 | hours or clock hours required to complete the program up to 90 |
4146 | credit hours. A student who transfers from one of these program |
4147 | levels to another becomes eligible for the higher of the two |
4148 | credit hour limits. |
4149 | Section 122. Subsection (1) of section 1009.533, Florida |
4150 | Statutes, is amended to read: |
4151 | 1009.533 Florida Bright Futures Scholarship Program; |
4152 | eligible postsecondary education institutions.--A student is |
4153 | eligible for an award or the renewal of an award from the |
4154 | Florida Bright Futures Scholarship Program if the student meets |
4155 | the requirements for the program as described in this act and is |
4156 | enrolled in a postsecondary education institution that meets the |
4157 | description in any one of the following subsections: |
4158 | (1) A Florida public university, community college, or |
4159 | career technical center. |
4160 | Section 123. Section 1009.536, Florida Statutes, is |
4161 | amended to read: |
4162 | 1009.536 Florida Gold Seal Vocational Scholars award.--The |
4163 | Florida Gold Seal Vocational Scholars award is created within |
4164 | the Florida Bright Futures Scholarship Program to recognize and |
4165 | reward academic achievement and career and technical preparation |
4166 | by high school students who wish to continue their education. |
4167 | (1) A student is eligible for a Florida Gold Seal |
4168 | Vocational Scholars award if the student meets the general |
4169 | eligibility requirements for the Florida Bright Futures |
4170 | Scholarship Program and the student: |
4171 | (a) Completes the secondary school portion of a sequential |
4172 | program of studies that requires at least three secondary school |
4173 | career and technical credits taken over at least 2 academic |
4174 | years, and is continued in a planned, related postsecondary |
4175 | education program. If the student's school does not offer such a |
4176 | two-plus-two or tech-prep program, the student must complete a |
4177 | job-preparatory career education program selected by the |
4178 | Workforce Estimating Conference or Workforce Florida, Inc., for |
4179 | its ability to provide high-wage employment in an occupation |
4180 | with high potential for employment opportunities. On-the-job |
4181 | training may not be substituted for any of the three required |
4182 | career and technical credits. |
4183 | (b) Demonstrates readiness for postsecondary education by |
4184 | earning a passing score on the Florida College Entry Level |
4185 | Placement Test or its equivalent as identified by the Department |
4186 | of Education. |
4187 | (c) Earns a minimum cumulative weighted grade point |
4188 | average of 3.0, as calculated pursuant to s. 1009.531, on all |
4189 | subjects required for a standard high school diploma, excluding |
4190 | elective courses. |
4191 | (d) Earns a minimum unweighted grade point average of 3.5 |
4192 | on a 4.0 scale for secondary career and technical courses |
4193 | comprising the career and technical program. |
4194 | (2) A Florida Gold Seal Vocational Scholar is eligible for |
4195 | an award equal to the amount required to pay 75 percent of |
4196 | tuition and fees, if the student is enrolled in a public |
4197 | postsecondary education institution. A student who is enrolled |
4198 | in a nonpublic postsecondary education institution is eligible |
4199 | for an award equal to the amount that would be required to pay |
4200 | 75 percent of the tuition and mandatory fees of a public |
4201 | postsecondary education institution at the comparable level. |
4202 | (3) To be eligible for a renewal award as a Florida Gold |
4203 | Seal Vocational Scholar, a student must maintain the equivalent |
4204 | of a cumulative grade point average of 2.75 on a 4.0 scale with |
4205 | an opportunity for reinstatement one time as provided in this |
4206 | chapter. |
4207 | (4) A student may earn a Florida Gold Seal Vocational |
4208 | Scholarship for 110 percent of the number of credit hours |
4209 | required to complete the program, up to 90 credit hours or the |
4210 | equivalent. A Florida Gold Seal Scholar who has a cumulative |
4211 | grade point average of 2.75 in all postsecondary education work |
4212 | attempted may apply for a Florida Medallion Scholars award at |
4213 | any renewal period. All other provisions of that program apply, |
4214 | and the credit-hour limitation must be calculated by subtracting |
4215 | from the student's total eligibility the number of credit hours |
4216 | the student attempted while earning the Gold Seal Vocational |
4217 | Scholarship. |
4218 | Section 124. Paragraph (d) of subsection (2) and paragraph |
4219 | (c) of subsection (3) of section 1009.55, Florida Statutes, are |
4220 | amended to read: |
4221 | 1009.55 Rosewood Family Scholarship Program.-- |
4222 | (2) The Rosewood Family Scholarship Program shall be |
4223 | administered by the Department of Education. The State Board of |
4224 | Education shall adopt rules for administering this program which |
4225 | shall at a minimum provide for the following: |
4226 | (d) Payment of an award shall be transmitted in advance of |
4227 | the registration period each semester on behalf of the student |
4228 | to the president of the university or community college, or his |
4229 | or her representative, or to the director of the career center |
4230 | technical school which the recipient is attending. |
4231 | (3) Beginning with the 1994-1995 academic year, the |
4232 | department is authorized to make awards for undergraduate study |
4233 | to students who: |
4234 | (c) Enroll as certificate-seeking or degree-seeking |
4235 | students at a state university, community college, or career |
4236 | center technical school authorized by law. |
4237 | Section 125. Paragraph (c) of subsection (1) of section |
4238 | 1009.61, Florida Statutes, is amended to read: |
4239 | 1009.61 Teacher/Quest Scholarship Program.--The |
4240 | Teacher/Quest Scholarship Program is created for the purpose of |
4241 | providing teachers with the opportunity to enhance their |
4242 | knowledge of science, mathematics, and computer applications in |
4243 | business, industry, and government. A school district or |
4244 | developmental research school may propose that one or more |
4245 | teachers be granted a Teacher/Quest Scholarship by submitting to |
4246 | the Department of Education: |
4247 | (1) A project proposal specifying activities a teacher |
4248 | will carry out to improve his or her: |
4249 | (c) Knowledge of career and technical requirements for |
4250 | competency in mathematics, science, and computing; and |
4251 | Section 126. Subsection (4) and paragraph (a) of |
4252 | subsection (6) of section 1009.64, Florida Statutes, are amended |
4253 | to read: |
4254 | 1009.64 Certified Education Paraprofessional Welfare |
4255 | Transition Program.-- |
4256 | (4) The agencies shall complete an implementation plan |
4257 | that addresses at least the following recommended components of |
4258 | the program: |
4259 | (a) A method of selecting participants. The method must |
4260 | not duplicate services provided by those assigned to screen |
4261 | participants of the welfare transition program, but must assure |
4262 | that screening personnel are trained to identify recipients of |
4263 | public assistance whose personal aptitudes and motivation make |
4264 | them most likely to succeed in the program and advance in a |
4265 | career related to the school community. |
4266 | (b) A budget for use of incentive funding to provide |
4267 | motivation to participants to succeed and excel. The budget for |
4268 | incentive funding includes: |
4269 | 1. Funds allocated by the Legislature directly for the |
4270 | program. |
4271 | 2. Funds that may be made available from the federal |
4272 | Workforce Investment Act based on client eligibility or |
4273 | requested waivers to make the clients eligible. |
4274 | 3. Funds made available by implementation strategies that |
4275 | would make maximum use of work supplementation funds authorized |
4276 | by federal law. |
4277 | 4. Funds authorized by strategies to lengthen |
4278 | participants' eligibility for federal programs such as Medicaid, |
4279 | subsidized child care, and transportation. |
4280 |
|
4281 | Incentives may include a stipend during periods of college |
4282 | classroom training, a bonus and recognition for a high grade- |
4283 | point average, child care and prekindergarten services for |
4284 | children of participants, and services to increase a |
4285 | participant's ability to advance to higher levels of employment. |
4286 | Nonfinancial incentives should include providing a mentor or |
4287 | tutor, and service incentives should continue and increase for |
4288 | any participant who plans to complete the baccalaureate degree |
4289 | and become a certified teacher. Services may be provided in |
4290 | accordance with family choice by community colleges and school |
4291 | district career technical centers, through family service |
4292 | centers and full-service schools, or under contract with |
4293 | providers through central agencies. |
4294 | (6)(a) A community college or school district career |
4295 | technical center is eligible to participate if it provides a |
4296 | career technical certificate program in Child Development Early |
4297 | Intervention as approved by Workforce Florida, Inc. Priority |
4298 | programs provide an option and incentives to articulate with an |
4299 | associate in science degree program or a baccalaureate degree |
4300 | program. |
4301 | Section 127. Subsection (3) of section 1009.98, Florida |
4302 | Statutes, is amended to read: |
4303 | 1009.98 Florida Prepaid College Program.-- |
4304 | (3) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE |
4305 | COLLEGES AND UNIVERSITIES AND TO CAREER AREA TECHNICAL |
4306 | CENTERS.--A qualified beneficiary may apply the benefits of an |
4307 | -A qualified beneficiary may apply the benefits of an advance |
4308 | payment contract toward: |
4309 | (a) An independent college or university that is located |
4310 | and chartered in Florida, that is not for profit, that is |
4311 | accredited by the Commission on Colleges of the Southern |
4312 | Association of Colleges and Schools or the Accrediting Council |
4313 | for Independent Colleges and Schools, and that confers degrees |
4314 | as defined in s. 1005.02. |
4315 | (b) An out-of-state college or university that is not for |
4316 | profit and is accredited by a regional accrediting association, |
4317 | and that confers degrees. |
4318 | (c) An applied technology diploma program or career |
4319 | technical certificate program conducted by a community college |
4320 | listed in s. 1004.02(2) or career technical center operated by a |
4321 | district school board. |
4322 |
|
4323 | The board shall transfer or cause to be transferred to the |
4324 | institution designated by the qualified beneficiary an amount |
4325 | not to exceed the redemption value of the advance payment |
4326 | contract at a state postsecondary institution. If the cost of |
4327 | registration or housing fees at such institution is less than |
4328 | the corresponding fees at a state postsecondary institution, the |
4329 | amount transferred may not exceed the actual cost of |
4330 | registration and housing fees. A transfer authorized under this |
4331 | subsection may not exceed the number of semester credit hours or |
4332 | semesters of dormitory residence contracted on behalf of a |
4333 | qualified beneficiary. Notwithstanding any other provision in |
4334 | this section, an institution must be an "eligible educational |
4335 | institution" under s. 529 of the Internal Revenue Code to be |
4336 | eligible for the transfer of advance payment contract benefits. |
4337 | Section 128. Paragraph (a) of subsection (3) of section |
4338 | 1010.20, Florida Statutes, is amended to read: |
4339 | 1010.20 Cost accounting and reporting for school |
4340 | districts.-- |
4341 | (3) PROGRAM EXPENDITURE REQUIREMENTS.-- |
4342 | (a) Each district shall expend at least the percent of the |
4343 | funds generated by each of the programs listed in this section |
4344 | on the aggregate total school costs for such programs: |
4345 | 1. Kindergarten and grades 1, 2, and 3, 90 percent. |
4346 | 2. Grades 4, 5, 6, 7, and 8, 80 percent. |
4347 | 3. Grades 9, 10, 11, and 12, 80 percent. |
4348 | 4. Programs for exceptional students, on an aggregate |
4349 | program basis, 90 percent. |
4350 | 5. Grades 7 through 12 career and technical education |
4351 | programs, on an aggregate program basis, 80 percent. |
4352 | 6. Students-at-risk programs, on an aggregate program |
4353 | basis, 80 percent. |
4354 | 7. Juvenile justice programs, on an aggregate program |
4355 | basis, 80 percent. |
4356 | 8. Any new program established and funded under s. |
4357 | 1011.62(1)(c), that is not included under subparagraphs 1.-6., |
4358 | on an aggregate basis as appropriate, 80 percent. |
4359 | Section 129. Subsection (1) of section 1010.58, Florida |
4360 | Statutes, is amended to read: |
4361 | 1010.58 Procedure for determining number of instruction |
4362 | units for community colleges.--The number of instruction units |
4363 | for community colleges shall be determined from the full-time |
4364 | equivalent students in the community college, provided that |
4365 | full-time equivalent students may not be counted more than once |
4366 | in determining instruction units. Instruction units for |
4367 | community colleges shall be computed as follows: |
4368 | (1) One unit for each 12 full-time equivalent students at |
4369 | a community college for the first 420 students and one unit for |
4370 | each 15 full-time equivalent students for all over 420 students, |
4371 | in other than career and technical education programs as defined |
4372 | by rules of the State Board of Education, and one unit for each |
4373 | 10 full-time equivalent students in career and technical |
4374 | education programs and compensatory education programs as |
4375 | defined by rules of the State Board of Education. Full-time |
4376 | equivalent students enrolled in a community college shall be |
4377 | defined by rules of the State Board of Education. |
4378 | Section 130. Paragraphs (c), (d), and (e) of subsection |
4379 | (1) of section 1011.62, Florida Statutes, are amended to read: |
4380 | 1011.62 Funds for operation of schools.--If the annual |
4381 | allocation from the Florida Education Finance Program to each |
4382 | district for operation of schools is not determined in the |
4383 | annual appropriations act or the substantive bill implementing |
4384 | the annual appropriations act, it shall be determined as |
4385 | follows: |
4386 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
4387 | OPERATION.--The following procedure shall be followed in |
4388 | determining the annual allocation to each district for |
4389 | operation: |
4390 | (c) Determination of programs.--Cost factors based on |
4391 | desired relative cost differences between the following programs |
4392 | shall be established in the annual General Appropriations Act. |
4393 | The Commissioner of Education shall specify a matrix of services |
4394 | and intensity levels to be used by districts in the |
4395 | determination of the two weighted cost factors for exceptional |
4396 | students with the highest levels of need. For these students, |
4397 | the funding support level shall fund the exceptional students' |
4398 | education program, with the exception of extended school year |
4399 | services for students with disabilities. |
4400 | 1. Basic programs.-- |
4401 | a. Kindergarten and grades 1, 2, and 3. |
4402 | b. Grades 4, 5, 6, 7, and 8. |
4403 | c. Grades 9, 10, 11, and 12. |
4404 | 2. Programs for exceptional students.-- |
4405 | a. Support Level IV. |
4406 | b. Support Level V. |
4407 | 3. Secondary career and technical education programs.-- |
4408 | 4. English for Speakers of Other Languages.-- |
4409 | (d) Annual allocation calculation.-- |
4410 | 1. The Department of Education is authorized and directed |
4411 | to review all district programs and enrollment projections and |
4412 | calculate a maximum total weighted full-time equivalent student |
4413 | enrollment for each district for the K-12 FEFP. |
4414 | 2. Maximum enrollments calculated by the department shall |
4415 | be derived from enrollment estimates used by the Legislature to |
4416 | calculate the FEFP. If two or more districts enter into an |
4417 | agreement under the provisions of s. 1001.42(4)(d), after the |
4418 | final enrollment estimate is agreed upon, the amount of FTE |
4419 | specified in the agreement, not to exceed the estimate for the |
4420 | specific program as identified in paragraph (c), may be |
4421 | transferred from the participating districts to the district |
4422 | providing the program. |
4423 | 3. As part of its calculation of each district's maximum |
4424 | total weighted full-time equivalent student enrollment, the |
4425 | department shall establish separate enrollment ceilings for each |
4426 | of two program groups. Group 1 shall be composed of basic |
4427 | programs for grades K-3, grades 4-8, and grades 9-12. Group 2 |
4428 | shall be composed of students in exceptional student education |
4429 | programs, English for Speakers of Other Languages programs, and |
4430 | all career and technical programs in grades 7-12. |
4431 | a. The weighted enrollment ceiling for group 2 programs |
4432 | shall be calculated by multiplying the final enrollment |
4433 | conference estimate for each program by the appropriate program |
4434 | weight. The weighted enrollment ceiling for program group 2 |
4435 | shall be the sum of the weighted enrollment ceilings for each |
4436 | program in the program group, plus the increase in weighted |
4437 | full-time equivalent student membership from the prior year for |
4438 | clients of the Department of Children and Family Services and |
4439 | the Department of Juvenile Justice. |
4440 | b. If, for any calculation of the FEFP, the weighted |
4441 | enrollment for program group 2, derived by multiplying actual |
4442 | enrollments by appropriate program weights, exceeds the |
4443 | enrollment ceiling for that group, the following procedure shall |
4444 | be followed to reduce the weighted enrollment for that group to |
4445 | equal the enrollment ceiling: |
4446 | (I) The weighted enrollment ceiling for each program in |
4447 | the program group shall be subtracted from the weighted |
4448 | enrollment for that program derived from actual enrollments. |
4449 | (II) If the difference calculated under sub-sub- |
4450 | subparagraph (I) is greater than zero for any program, a |
4451 | reduction proportion shall be computed for the program by |
4452 | dividing the absolute value of the difference by the total |
4453 | amount by which the weighted enrollment for the program group |
4454 | exceeds the weighted enrollment ceiling for the program group. |
4455 | (III) The reduction proportion calculated under sub-sub- |
4456 | subparagraph (II) shall be multiplied by the total amount of the |
4457 | program group's enrollment over the ceiling as calculated under |
4458 | sub-sub-subparagraph (I). |
4459 | (IV) The prorated reduction amount calculated under sub- |
4460 | sub-subparagraph(III) shall be subtracted from the program's |
4461 | weighted enrollment. For any calculation of the FEFP, the |
4462 | enrollment ceiling for group 1 shall be calculated by |
4463 | multiplying the actual enrollment for each program in the |
4464 | program group by its appropriate program weight. |
4465 | c. For program group 2, the weighted enrollment ceiling |
4466 | shall be a number not less than the sum obtained by: |
4467 | (I) Multiplying the sum of reported FTE for all programs |
4468 | in the program group that have a cost factor of 1.0 or more by |
4469 | 1.0, and |
4470 | (II) By adding this number to the sum obtained by |
4471 | multiplying the projected FTE for all programs with a cost |
4472 | factor less than 1.0 by the actual cost factor. |
4473 | 4. Following completion of the weighted enrollment ceiling |
4474 | calculation as provided in subparagraph 3., a supplemental |
4475 | capping calculation shall be employed for those districts that |
4476 | are over their weighted enrollment ceiling. For each such |
4477 | district, the total reported unweighted FTE enrollment for group |
4478 | 2 programs shall be compared with the total appropriated |
4479 | unweighted FTE enrollment for group 2 programs. If the total |
4480 | reported unweighted FTE for group 2 is greater than the |
4481 | appropriated unweighted FTE, then the excess unweighted FTE up |
4482 | to the unweighted FTE transferred from group 2 to group 1 for |
4483 | each district by the Public School FTE Estimating Conference |
4484 | shall be funded at a weight of 1.0 and added to the funded |
4485 | weighted FTE computed in subparagraph 3. |
4486 | (e) Funding model for exceptional student education |
4487 | programs.-- |
4488 | 1.a. The funding model uses basic, at-risk, support levels |
4489 | IV and V for exceptional students and career and technical |
4490 | Florida Education Finance Program cost factors, and a guaranteed |
4491 | allocation for exceptional student education programs. |
4492 | Exceptional education cost factors are determined by using a |
4493 | matrix of services to document the services that each |
4494 | exceptional student will receive. The nature and intensity of |
4495 | the services indicated on the matrix shall be consistent with |
4496 | the services described in each exceptional student's individual |
4497 | educational plan. |
4498 | b. In order to generate funds using one of the two |
4499 | weighted cost factors, a matrix of services must be completed at |
4500 | the time of the student's initial placement into an exceptional |
4501 | student education program and at least once every 3 years by |
4502 | personnel who have received approved training. Nothing listed in |
4503 | the matrix shall be construed as limiting the services a school |
4504 | district must provide in order to ensure that exceptional |
4505 | students are provided a free, appropriate public education. |
4506 | c. Students identified as exceptional, in accordance with |
4507 | chapter 6A-6, Florida Administrative Code, who do not have a |
4508 | matrix of services as specified in sub-subparagraph b. shall |
4509 | generate funds on the basis of full-time-equivalent student |
4510 | membership in the Florida Education Finance Program at the same |
4511 | funding level per student as provided for basic students. |
4512 | Additional funds for these exceptional students will be provided |
4513 | through the guaranteed allocation designated in subparagraph 2. |
4514 | 2. For students identified as exceptional who do not have |
4515 | a matrix of services, there is created a guaranteed allocation |
4516 | to provide these students with a free appropriate public |
4517 | education, in accordance with s. 1001.42(4)(m) and rules of the |
4518 | State Board of Education, which shall be allocated annually to |
4519 | each school district in the amount provided in the General |
4520 | Appropriations Act. These funds shall be in addition to the |
4521 | funds appropriated on the basis of FTE student membership in the |
4522 | Florida Education Finance Program, and the amount allocated for |
4523 | each school district shall not be recalculated during the year. |
4524 | These funds shall be used to provide special education and |
4525 | related services for exceptional students. |
4526 | Section 131. Paragraph (d) of subsection (1) of section |
4527 | 1011.68, Florida Statutes, is amended to read: |
4528 | 1011.68 Funds for student transportation.--The annual |
4529 | allocation to each district for transportation to public school |
4530 | programs, including charter schools as provided in s. |
4531 | 1002.33(17)(b), of students in membership in kindergarten |
4532 | through grade 12 and in migrant and exceptional student programs |
4533 | below kindergarten shall be determined as follows: |
4534 | (1) Subject to the rules of the State Board of Education, |
4535 | each district shall determine the membership of students who are |
4536 | transported: |
4537 | (d) By reason of being career and technical, dual |
4538 | enrollment, or students with disabilities transported from one |
4539 | school center to another to participate in an instructional |
4540 | program or service; or students with disabilities, transported |
4541 | from one designation to another in the state, provided one |
4542 | designation is a school center and provided the student's |
4543 | individual educational plan (IEP) identifies the need for the |
4544 | instructional program or service and transportation to be |
4545 | provided by the school district. A "school center" is defined as |
4546 | a public school center, community college, state university, or |
4547 | other facility rented, leased, or owned and operated by the |
4548 | school district or another public agency. A "dual enrollment |
4549 | student" is defined as a public school student in membership in |
4550 | both a public secondary school program and a community college |
4551 | or a state university program under a written agreement to |
4552 | partially fulfill ss. 1003.435 and 1007.23 and earning full-time |
4553 | equivalent membership under s. 1011.62(1)(i). |
4554 | Section 132. Paragraph (a) of subsection (2), subsection |
4555 | (3), and paragraph (b) of subsection (6) of section 1012.01, |
4556 | Florida Statutes, are amended to read: |
4557 | 1012.01 Definitions.--Specific definitions shall be as |
4558 | follows, and wherever such defined words or terms are used in |
4559 | the Florida K-20 Education Code, they shall be used as follows: |
4560 | (2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel" |
4561 | means any staff member whose function includes the provision of |
4562 | direct instructional services to students. Instructional |
4563 | personnel also includes personnel whose functions provide direct |
4564 | support in the learning process of students. Included in the |
4565 | classification of instructional personnel are: |
4566 | (a) Classroom teachers.--Classroom teachers are staff |
4567 | members assigned the professional activity of instructing |
4568 | students in courses in classroom situations, including basic |
4569 | instruction, exceptional student education, career and technical |
4570 | education, and adult education, including substitute teachers. |
4571 | (3) ADMINISTRATIVE PERSONNEL.--"Administrative personnel" |
4572 | includes personnel who perform management activities such as |
4573 | developing broad policies for the school district and executing |
4574 | those policies through the direction of personnel at all levels |
4575 | within the district. Administrative personnel are generally |
4576 | high-level, responsible personnel who have been assigned the |
4577 | responsibilities of systemwide or schoolwide functions, such as |
4578 | district school superintendents, assistant superintendents, |
4579 | deputy superintendents, school principals, assistant principals, |
4580 | career technical center directors, and others who perform |
4581 | management activities. Broad classifications of administrative |
4582 | personnel are as follows: |
4583 | (a) District-based instructional administrators.--Included |
4584 | in this classification are persons with district-level |
4585 | administrative or policymaking duties who have broad authority |
4586 | for management policies and general school district operations |
4587 | related to the instructional program. Such personnel often |
4588 | report directly to the district school superintendent and |
4589 | supervise other administrative employees. This classification |
4590 | includes assistant, associate, or deputy superintendents and |
4591 | directors of major instructional areas, such as curriculum, |
4592 | federal programs such as Title I, specialized instructional |
4593 | program areas such as exceptional student education, career and |
4594 | technical education, and similar areas. |
4595 | (b) District-based noninstructional |
4596 | administrators.--Included in this classification are persons |
4597 | Included in this classification are persons with district-level |
4598 | administrative or policymaking duties who have broad authority |
4599 | for management policies and general school district operations |
4600 | related to the noninstructional program. Such personnel often |
4601 | report directly to the district school superintendent and |
4602 | supervise other administrative employees. This classification |
4603 | includes assistant, associate, or deputy superintendents and |
4604 | directors of major noninstructional areas, such as personnel, |
4605 | construction, facilities, transportation, data processing, and |
4606 | finance. |
4607 | (c) School administrators.--Included in this |
4608 | classification are: |
4609 | 1. School principals or school directors who are staff |
4610 | members performing the assigned activities as the administrative |
4611 | head of a school and to whom have been delegated responsibility |
4612 | for the coordination and administrative direction of the |
4613 | instructional and noninstructional activities of the school. |
4614 | This classification also includes career technical center |
4615 | directors. |
4616 | 2. Assistant principals who are staff members assisting |
4617 | the administrative head of the school. This classification also |
4618 | includes assistant principals for curriculum and administration. |
4619 | (6) EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support |
4620 | employees" means employees whose job functions are neither |
4621 | administrative nor instructional, yet whose work supports the |
4622 | educational process. |
4623 | (b) Technicians are individuals whose occupations require |
4624 | a combination of knowledge and manual skill which can be |
4625 | obtained through about 2 years of post-high school education, |
4626 | such as is offered in many career centers technical institutes |
4627 | and community colleges, or through equivalent on-the-job |
4628 | training. |
4629 | Section 133. Paragraph (c) of subsection (1) of section |
4630 | 1012.39, Florida Statutes, is amended to read: |
4631 | 1012.39 Employment of substitute teachers, teachers of |
4632 | adult education, nondegreed teachers of career education, and |
4633 | career specialists; students performing clinical field |
4634 | experience.-- |
4635 | (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and |
4636 | 1012.57, or any other provision of law or rule to the contrary, |
4637 | each district school board shall establish the minimal |
4638 | qualifications for: |
4639 | (c) Part-time and full-time nondegreed teachers of career |
4640 | and technical programs. Qualifications shall be established for |
4641 | agriculture, business, health occupations, family and consumer |
4642 | sciences, industrial, marketing, career specialist, and public |
4643 | service education teachers, based primarily on successful |
4644 | occupational experience rather than academic training. The |
4645 | qualifications for such teachers shall require: |
4646 | 1. The filing of a complete set of fingerprints in the |
4647 | same manner as required by s. 1012.32. Faculty employed solely |
4648 | to conduct postsecondary instruction may be exempted from this |
4649 | requirement. |
4650 | 2. Documentation of education and successful occupational |
4651 | experience including documentation of: |
4652 | a. A high school diploma or the equivalent. |
4653 | b. Completion of 6 years of full-time successful |
4654 | occupational experience or the equivalent of part-time |
4655 | experience in the teaching specialization area. Alternate means |
4656 | of determining successful occupational experience may be |
4657 | established by the district school board. |
4658 | c. Completion of career education training conducted |
4659 | through the local school district inservice master plan. |
4660 | d. For full-time teachers, completion of professional |
4661 | education training in teaching methods, course construction, |
4662 | lesson planning and evaluation, and teaching special needs |
4663 | students. This training may be completed through coursework from |
4664 | an accredited or approved institution or an approved district |
4665 | teacher education program. |
4666 | e. Demonstration of successful teaching performance. |
4667 | Section 134. Section 1012.41, Florida Statutes, is amended |
4668 | to read: |
4669 | 1012.41 Employment of directors of career and technical |
4670 | education.--In order to receive state funding, each district |
4671 | school board that employs at least 15 full-time equivalent |
4672 | career and technical teachers must employ a director of career |
4673 | and technical education who meets the certification requirements |
4674 | established by the State Board of Education. The directors shall |
4675 | be directly accountable to the district school superintendent, |
4676 | or his or her designee, for the planning and implementation of |
4677 | career and technical programs. Two or more district school |
4678 | boards may employ a single director. |
4679 | Section 135. Section 1012.43, Florida Statutes, is amended |
4680 | to read: |
4681 | 1012.43 Career and technical teachers.-- |
4682 | (1) Career and technical teachers and other teachers who |
4683 | qualify for certificates on the basis of nonacademic preparation |
4684 | shall be entitled to all the contractual rights and privileges |
4685 | now granted to other instructional personnel holding equivalent |
4686 | certificates. |
4687 | (2) A holder of a certificate based on nonacademic |
4688 | preparation which entitled him or her to employment to teach |
4689 | classes in career and technical or adult education shall not be |
4690 | assigned to teach in a regular academic field of the |
4691 | kindergarten through grade 12 school program. |
4692 | Section 136. Paragraph (a) of subsection (10) of section |
4693 | 1013.03, Florida Statutes, is amended to read: |
4694 | 1013.03 Functions of the department.--The functions of the |
4695 | Department of Education as it pertains to educational facilities |
4696 | shall include, but not be limited to, the following: |
4697 | (10)(a) Review and validate surveys proposed or amended by |
4698 | the boards and recommend to the Commissioner of Education, for |
4699 | approval, surveys that meet the requirements of this chapter. |
4700 | 1. The term "validate" as applied to surveys by school |
4701 | districts means to review inventory data as submitted to the |
4702 | department by district school boards; provide for review and |
4703 | inspection, where required, of student stations and aggregate |
4704 | square feet of inventory changed from satisfactory to |
4705 | unsatisfactory or changed from unsatisfactory to satisfactory; |
4706 | compare new school inventory to allocation limits provided by |
4707 | this chapter; review cost projections for conformity with cost |
4708 | limits set by s. 1013.64(6); compare total capital outlay full- |
4709 | time equivalent enrollment projections in the survey with the |
4710 | department's projections; review facilities lists to verify that |
4711 | student station and auxiliary facility space allocations do not |
4712 | exceed the limits provided by this chapter and related rules; |
4713 | review and confirm the application of uniform facility |
4714 | utilization factors, where provided by this chapter or related |
4715 | rules; utilize the documentation of programs offered per site, |
4716 | as submitted by the board, to analyze facility needs; confirm |
4717 | that need projections for career and technical and adult |
4718 | educational programs comply with needs documented by the Office |
4719 | of Workforce and Economic Development; and confirm the |
4720 | assignment of full-time student stations to all space except |
4721 | auxiliary facilities, which, for purposes of exemption from |
4722 | student station assignment, include the following: |
4723 | a. Cafeterias. |
4724 | b. Multipurpose dining areas. |
4725 | c. Media centers. |
4726 | d. Auditoriums. |
4727 | e. Administration. |
4728 | f. Elementary, middle, and high school resource rooms, up |
4729 | to the number of such rooms recommended for the applicable |
4730 | occupant and space design capacity of the educational plant in |
4731 | the State Requirements for Educational Facilities, beyond which |
4732 | student stations must be assigned. |
4733 | g. Elementary school skills labs, up to the number of such |
4734 | rooms recommended for the applicable occupant and space design |
4735 | capacity of the educational plant in the State Requirements for |
4736 | Educational Facilities, beyond which student stations must be |
4737 | assigned. |
4738 | h. Elementary school art and music rooms. |
4739 | 2. The term "validate" as applied to surveys by community |
4740 | colleges and universities means to review and document the |
4741 | approval of each new site and official designation, where |
4742 | applicable; review the inventory database as submitted by each |
4743 | board to the department, including noncareer and technical, and |
4744 | total capital outlay full-time equivalent enrollment projections |
4745 | per site and per college; provide for the review and inspection, |
4746 | where required, of student stations and aggregate square feet of |
4747 | space changed from satisfactory to unsatisfactory; utilize and |
4748 | review the documentation of programs offered per site submitted |
4749 | by the boards as accurate for analysis of space requirements and |
4750 | needs; confirm that needs projected for career and technical and |
4751 | adult educational programs comply with needs documented by the |
4752 | Office of Workforce and Economic Development; compare new |
4753 | facility inventory to allocations limits as provided in this |
4754 | chapter; review cost projections for conformity with state |
4755 | averages or limits designated by this chapter; compare student |
4756 | enrollment projections in the survey to the department's |
4757 | projections; review facilities lists to verify that area |
4758 | allocations and space factors for generating space needs do not |
4759 | exceed the limits as provided by this chapter and related rules; |
4760 | confirm the application of facility utilization factors as |
4761 | provided by this chapter and related rules; and review, as |
4762 | submitted, documentation of how survey recommendations will |
4763 | implement the detail of current campus master plans and |
4764 | integrate with local comprehensive plans and development |
4765 | regulations. |
4766 | Section 137. Paragraph (b) of subsection (1) of section |
4767 | 1013.31, Florida Statutes, is amended to read: |
4768 | 1013.31 Educational plant survey; localized need |
4769 | assessment; PECO project funding.-- |
4770 | (1) At least every 5 years, each board shall arrange for |
4771 | an educational plant survey, to aid in formulating plans for |
4772 | housing the educational program and student population, faculty, |
4773 | administrators, staff, and auxiliary and ancillary services of |
4774 | the district or campus, including consideration of the local |
4775 | comprehensive plan. The Office of Workforce and Economic |
4776 | Development shall document the need for additional career and |
4777 | adult education programs and the continuation of existing |
4778 | programs before facility construction or renovation related to |
4779 | career or adult education may be included in the educational |
4780 | plant survey of a school district or community college that |
4781 | delivers career or adult education programs. Information used by |
4782 | the Office of Workforce and Economic Development to establish |
4783 | facility needs must include, but need not be limited to, labor |
4784 | market data, needs analysis, and information submitted by the |
4785 | school district or community college. |
4786 | (b) Required need assessment criteria for district, |
4787 | community college, college and state university plant |
4788 | surveys.--Educational plant surveys must use uniform data |
4789 | Educational plant surveys must use uniform data sources and |
4790 | criteria specified in this paragraph. Each revised educational |
4791 | plant survey and each new educational plant survey supersedes |
4792 | previous surveys. |
4793 | 1. The school district's survey must be submitted as a |
4794 | part of the district educational facilities plan defined in s. |
4795 | 1013.35. To ensure that the data reported to the Department of |
4796 | Education as required by this section is correct, the department |
4797 | shall annually conduct an onsite review of 5 percent of the |
4798 | facilities reported for each school district completing a new |
4799 | survey that year. If the department's review finds the data |
4800 | reported by a district is less than 95 percent accurate, within |
4801 | 1 year from the time of notification by the department the |
4802 | district must submit revised reports correcting its data. If a |
4803 | district fails to correct its reports, the commissioner may |
4804 | direct that future fixed capital outlay funds be withheld until |
4805 | such time as the district has corrected its reports so that they |
4806 | are not less than 95 percent accurate. |
4807 | 2. Each survey of a special facility, joint-use facility, |
4808 | or cooperative career and technical education facility must be |
4809 | based on capital outlay full-time equivalent student enrollment |
4810 | data prepared by the department for school districts, community |
4811 | colleges, colleges, and universities. A survey of space needs of |
4812 | a joint-use facility shall be based upon the respective space |
4813 | needs of the school districts, community colleges, colleges, and |
4814 | universities, as appropriate. Projections of a school district's |
4815 | facility space needs may not exceed the norm space and occupant |
4816 | design criteria established by the State Requirements for |
4817 | Educational Facilities. |
4818 | 3. Each community college's survey must reflect the |
4819 | capacity of existing facilities as specified in the inventory |
4820 | maintained by the Department of Education. Projections of |
4821 | facility space needs must comply with standards for determining |
4822 | space needs as specified by rule of the State Board of |
4823 | Education. The 5-year projection of capital outlay student |
4824 | enrollment must be consistent with the annual report of capital |
4825 | outlay full-time student enrollment prepared by the Department |
4826 | of Education. |
4827 | 4. Each college and state university's survey must reflect |
4828 | the capacity of existing facilities as specified in the |
4829 | inventory maintained and validated by the Division of Colleges |
4830 | and Universities. Projections of facility space needs must be |
4831 | consistent with standards for determining space needs approved |
4832 | by the Division of Colleges and Universities. The projected |
4833 | capital outlay full-time equivalent student enrollment must be |
4834 | consistent with the 5-year planned enrollment cycle for the |
4835 | State University System approved by the Division of Colleges and |
4836 | Universities. |
4837 | 5. The district educational facilities plan of a school |
4838 | district and the educational plant survey of a community |
4839 | college, or college or state university may include space needs |
4840 | that deviate from approved standards for determining space needs |
4841 | if the deviation is justified by the district or institution and |
4842 | approved by the department, as necessary for the delivery of an |
4843 | approved educational program. |
4844 | Section 138. Paragraph (a) of subsection (3) of section |
4845 | 1013.64, Florida Statutes, is amended to read: |
4846 | 1013.64 Funds for comprehensive educational plant needs; |
4847 | construction cost maximums for school district capital |
4848 | projects.--Allocations from the Public Education Capital Outlay |
4849 | and Debt Service Trust Fund to the various boards for capital |
4850 | outlay projects shall be determined as follows: |
4851 | (3)(a) Each district school board shall receive an amount |
4852 | from the Public Education Capital Outlay and Debt Service Trust |
4853 | Fund to be calculated by computing the capital outlay full-time |
4854 | equivalent membership as determined by the department. Such |
4855 | membership must include, but is not limited to: |
4856 | 1. K-12 students, except hospital and homebound part-time |
4857 | students; and |
4858 | 2. Students who are career and technical education |
4859 | students, and adult disabled students and who are enrolled in |
4860 | school district career technical centers. The capital outlay |
4861 | full-time equivalent membership shall be determined for |
4862 | kindergarten through the 12th grade and for career technical |
4863 | centers by averaging the unweighted full-time equivalent student |
4864 | membership for the second and third surveys and comparing the |
4865 | results on a school-by-school basis with the Florida Inventory |
4866 | for School Houses. The capital outlay full-time equivalent |
4867 | membership by grade level organization shall be used in making |
4868 | the following calculations: The capital outlay full-time |
4869 | equivalent membership by grade level organization for the 4th |
4870 | prior year must be used to compute the base-year allocation. The |
4871 | capital outlay full-time equivalent membership by grade-level |
4872 | organization for the prior year must be used to compute the |
4873 | growth over the highest of the 3 years preceding the prior year. |
4874 | From the total amount appropriated by the Legislature pursuant |
4875 | to this subsection, 40 percent shall be allocated among the base |
4876 | capital outlay full-time equivalent membership and 60 percent |
4877 | among the growth capital outlay full-time equivalent membership. |
4878 | The allocation within each of these groups shall be prorated to |
4879 | the districts based upon each district's percentage of base and |
4880 | growth capital outlay full-time membership. The most recent 4- |
4881 | year capital outlay full-time equivalent membership data shall |
4882 | be used in each subsequent year's calculation for the allocation |
4883 | of funds pursuant to this subsection. If a change, correction, |
4884 | or recomputation of data during any year results in a reduction |
4885 | or increase of the calculated amount previously allocated to a |
4886 | district, the allocation to that district shall be adjusted |
4887 | correspondingly. If such recomputation results in an increase or |
4888 | decrease of the calculated amount, such additional or reduced |
4889 | amounts shall be added to or reduced from the district's future |
4890 | appropriations. However, no change, correction, or |
4891 | recomputation of data shall be made subsequent to 2 years |
4892 | following the initial annual allocation. |
4893 | Section 139. Subsections (1) and (2), and paragraphs (a) |
4894 | and (c) of subsection (4) of section 1013.75, Florida Statutes, |
4895 | are amended to read: |
4896 | 1013.75 Cooperative funding of career center and technical |
4897 | educational facilities.-- |
4898 | (1) Each district school board operating a designated |
4899 | career technical center may submit, prior to August 1 of each |
4900 | year, a request to the commissioner for funds from the Public |
4901 | Education Capital Outlay and Debt Service Trust Fund to plan, |
4902 | construct, and equip a career center and technical educational |
4903 | facility identified as being critical to the economic |
4904 | development and the workforce needs of the school district. |
4905 | Prior to submitting a request, each school district shall: |
4906 | (a) Adopt and submit to the commissioner a resolution |
4907 | indicating its commitment to fund the planning, construction, |
4908 | and equipping of the proposed facility at 40 percent of the |
4909 | requested project amount. The resolution shall also designate |
4910 | the locale of the proposed facility. If funds from a private or |
4911 | noneducational public entity are to be committed to the project, |
4912 | then a joint resolution shall be required. |
4913 | (b) Except as provided in paragraph (5)(b), levy the |
4914 | maximum millage against the nonexempt assessed property value as |
4915 | provided in s. 1011.71(2). |
4916 | (c) Certify to the Office of Workforce and Economic |
4917 | Development that the project has been survey recommended. |
4918 | (d) Certify to the Office of Workforce and Economic |
4919 | Development that final phase III construction documents comply |
4920 | with applicable building codes and life safety codes. |
4921 | (e) Sign an agreement that the district school board shall |
4922 | advertise for bids within 90 days of receiving an encumbrance |
4923 | authorization from the department. |
4924 | (f) If a construction contract has not been signed 90 days |
4925 | after the advertising of bids, certify to the Office of |
4926 | Workforce and Economic Development and the department the cause |
4927 | for delay. Upon request, an additional 90 days may be granted by |
4928 | the commissioner. |
4929 | (2) The Office of Workforce and Economic Development shall |
4930 | establish the need for additional career and technical education |
4931 | programs and the continuation of existing programs before |
4932 | facility construction or renovation related to career and |
4933 | technical education can be included in the educational plant |
4934 | survey. Information used by the Office of Workforce and Economic |
4935 | Development to establish facility needs shall include, but not |
4936 | be limited to, labor market needs analysis and information |
4937 | submitted by the school districts. |
4938 | (4)(a) A career and technical education construction |
4939 | committee shall be composed of the following: three |
4940 | representatives from the Department of Education and one |
4941 | representative from the Executive Office of the Governor. |
4942 | (c) The commissioner's legislative capital outlay budget |
4943 | request may include up to 2 percent of the new construction |
4944 | allocation to public schools for career and technical capital |
4945 | outlay projects recommended by the career and technical |
4946 | education construction committee. |
4947 | Section 140. This act shall take effect July 1, 2004. |