1 | A bill to be entitled |
2 | An act relating to public postsecondary need-based student |
3 | financial assistance; amending s. 1009.40, F.S.; requiring |
4 | state residency for a public postsecondary career |
5 | education student assistance grant; revising eligibility |
6 | criteria for the renewal of specified financial aid |
7 | awards; creating s. 1009.505 F.S.; creating the Florida |
8 | Public Postsecondary Career Education Student Assistance |
9 | Grant Program; providing for program administration; |
10 | defining terms; providing that grants are available to |
11 | specified students in specified postsecondary career |
12 | certificate programs; providing for annual grant amounts; |
13 | providing eligibility criteria for career certificate |
14 | students; requiring reporting by participating |
15 | institutions; providing for distribution of appropriated |
16 | funds; providing for transmittal of grant payments to |
17 | community college presidents or district school |
18 | superintendents; providing for period of eligibility; |
19 | requiring participating institutions to certify amounts |
20 | disbursed to students; requiring the State Board of |
21 | Education to adopt rules; providing that the program shall |
22 | only be implemented to the extent funded and authorized by |
23 | law; amending s. 1009.77, F.S.; revising the purpose of |
24 | the Florida Work Experience Program; providing that the |
25 | program is available to students in specified career |
26 | education programs and educator preparation institutes; |
27 | authorizing a participating institution to use up to 100 |
28 | percent of its allocation for student employees within the |
29 | institution and to reimburse itself for 100 percent of the |
30 | student wages; lowering the percentage of student wages |
31 | that must be reimbursed to employers; providing that |
32 | participating postsecondary educational institutions must |
33 | pay for specified preemployment expenses for students |
34 | employed with public schools; requiring employers to pay |
35 | specified wages; prescribing student eligibility |
36 | requirements; providing for distribution of funds; |
37 | requiring certification of funds disbursed to students; |
38 | providing that funds appropriated for the program may be |
39 | deposited in the State Student Financial Assistance Trust |
40 | Fund; providing appropriations; providing an effective |
41 | date. |
42 |
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43 | WHEREAS, the public postsecondary career certificate |
44 | programs were created by the state to provide affordable access |
45 | to higher education for Florida's residents, and |
46 | WHEREAS, students enrolled in public postsecondary career |
47 | certificate programs have no access to state need-based |
48 | financial aid and must rely on student loans and scholarships to |
49 | finance their higher education, and |
50 | WHEREAS, student debt has escalated at an unprecedented |
51 | level, causing students to owe large sums of money that often |
52 | are difficult to repay, especially with compounding interest, |
53 | and |
54 | WHEREAS, the State of Florida needs a trained workforce, |
55 | and between 70 percent and 80 percent of jobs for the future |
56 | will require education beyond high school but less than a |
57 | baccalaureate degree, and |
58 | WHEREAS, students who are willing to work for their need- |
59 | based financial aid in a field for which they are studying is of |
60 | benefit to the student, the employer, and the state, NOW, |
61 | THEREFORE, |
62 |
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63 | Be It Enacted by the Legislature of the State of Florida: |
64 |
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65 | Section 1. Subsection (1) of section 1009.40, Florida |
66 | Statutes, is amended to read: |
67 | 1009.40 General requirements for student eligibility for |
68 | state financial aid.-- |
69 | (1)(a) The general requirements for eligibility of |
70 | students for state financial aid awards consist of the |
71 | following: |
72 | 1. Achievement of the academic requirements of and |
73 | acceptance at a state university or community college; a nursing |
74 | diploma school approved by the Florida Board of Nursing; a |
75 | Florida college, university, or community college which is |
76 | accredited by an accrediting agency recognized by the State |
77 | Board of Education; any Florida institution the credits of which |
78 | are acceptable for transfer to state universities; any career |
79 | center; or any private career institution accredited by an |
80 | accrediting agency recognized by the State Board of Education. |
81 | 2. Residency in this state for no less than 1 year |
82 | preceding the award of aid for a program established pursuant to |
83 | s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. |
84 | 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. |
85 | 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. |
86 | 1009.77, or s. 1009.89. Residency in this state must be for |
87 | purposes other than to obtain an education. Resident status for |
88 | purposes of receiving state financial aid awards shall be |
89 | determined in the same manner as resident status for tuition |
90 | purposes pursuant to s. 1009.21 and rules of the State Board of |
91 | Education. |
92 | 3. Submission of certification attesting to the accuracy, |
93 | completeness, and correctness of information provided to |
94 | demonstrate a student's eligibility to receive state financial |
95 | aid awards. Falsification of such information shall result in |
96 | the denial of any pending application and revocation of any |
97 | award currently held to the extent that no further payments |
98 | shall be made. Additionally, students who knowingly make false |
99 | statements in order to receive state financial aid awards shall |
100 | be guilty of a misdemeanor of the second degree subject to the |
101 | provisions of s. 837.06 and shall be required to return all |
102 | state financial aid awards wrongfully obtained. |
103 | (b)1. Eligibility for the renewal of undergraduate or |
104 | career certificate financial aid awards shall be evaluated at |
105 | the end of the second semester or third quarter of each academic |
106 | year. As a condition for renewal, a student shall: |
107 | a. Have earned a minimum cumulative grade point average of |
108 | 2.0 on a 4.0 scale; and |
109 | b. Have earned, for undergraduate full-time study, 12 |
110 | credits per term or the equivalent for the number of terms for |
111 | which aid was received or have earned, for career certificate |
112 | study, at least the equivalent in clock hours of 6 semester |
113 | credit hours per term or the equivalent for the number of terms |
114 | for which aid was received. |
115 | 2. A student who earns the minimum number of credits |
116 | required for renewal, but who fails to meet the minimum 2.0 |
117 | cumulative grade point average, may be granted a probationary |
118 | award for up to the equivalent of 1 academic year and shall be |
119 | required to earn a cumulative grade point average of 2.0 on a |
120 | 4.0 scale by the end of the probationary period to be eligible |
121 | for subsequent renewal. A student who receives a probationary |
122 | award and who fails to meet the conditions for renewal by the |
123 | end of his or her probationary period shall be ineligible to |
124 | receive additional awards for the equivalent of 1 academic year |
125 | following his or her probationary period. Each such student may, |
126 | however, reapply for assistance during a subsequent application |
127 | period and may be eligible for an award if he or she has earned |
128 | a cumulative grade point average of 2.0 on a 4.0 scale. |
129 | 3. A student who fails to earn the minimum number of |
130 | credits required for renewal shall lose his or her eligibility |
131 | for renewal for a period equivalent to 1 academic year. However, |
132 | the student may reapply during a subsequent application period |
133 | and may be eligible for an award if he or she has earned a |
134 | minimum cumulative grade point average of 2.0 on a 4.0 scale. |
135 | 4. Students who receive state student aid and subsequently |
136 | fail to meet state academic progress requirements due to |
137 | verifiable illness or other emergencies may be granted an |
138 | exception from the academic requirements. Such students shall |
139 | make a written appeal to the institution. The appeal shall |
140 | include a description and verification of the circumstances. |
141 | Verification of illness or other emergencies may include but not |
142 | be limited to a physician's statement or written statement of a |
143 | parent or college official. The institution shall recommend |
144 | exceptions with necessary documentation to the department. The |
145 | department may accept or deny such recommendations for exception |
146 | from the institution. |
147 | Section 2. Section 1009.505, Florida Statutes, is created |
148 | to read: |
149 | 1009.505 Florida Public Postsecondary Career Education |
150 | Student Assistance Grant Program.-- |
151 | (1) There is created a Florida Public Postsecondary Career |
152 | Education Student Assistance Grant Program. The program shall be |
153 | administered by the participating institutions in accordance |
154 | with rules of the State Board of Education. |
155 | (2) For purposes of this section, the term: |
156 | (a) "Average annual cost of tuition and registration fees" |
157 | means the average cost for the prior academic year of tuition |
158 | and registration fees for the equivalent in clock hours at a |
159 | public postsecondary career certificate program of 30 semester |
160 | credit hours at a state university. |
161 | (b) "Half-time" means the equivalent in clock hours at a |
162 | public postsecondary career certificate program of 6 semester |
163 | credit hours at a community college. |
164 | (c) "Public postsecondary career certificate program" |
165 | means a postsecondary program that consists of 450 or more clock |
166 | hours, is offered by a community college authorized by Florida |
167 | law or by a career center operated by a district school board |
168 | under s. 1001.44, and terminates in a career certificate. |
169 | (3)(a) Student assistance grants through the program may |
170 | be made only to certificate-seeking students enrolled at least |
171 | half-time in a public postsecondary career certificate program |
172 | who meet the general requirements for student eligibility as |
173 | provided in s. 1009.40, except as otherwise provided in this |
174 | section. The grants shall be awarded annually to any recipient |
175 | for the amount of demonstrated unmet need for the cost of |
176 | education and may not exceed the average annual cost of tuition |
177 | and registration fees or such other amount as specified in the |
178 | General Appropriations Act. A demonstrated unmet need of less |
179 | than $200 shall render the applicant ineligible for a grant |
180 | under this section. Recipients of the grants must have been |
181 | accepted at a community college authorized by Florida law or a |
182 | career center operated by a district school board under s. |
183 | 1001.44. A student is eligible for the award for 110 percent of |
184 | the number of clock hours required to complete the program in |
185 | which enrolled. |
186 | (b) A student applying for a Florida public postsecondary |
187 | career education student assistance grant shall be required to |
188 | apply for the Pell Grant. A Pell Grant entitlement shall be |
189 | considered when conducting an assessment of the financial |
190 | resources available to each student; however, a Pell Grant |
191 | entitlement shall not be required as a condition of receiving a |
192 | grant under this section. |
193 | (c) Each participating institution shall report, to the |
194 | department by the established date, the eligible students to |
195 | whom grant moneys are disbursed each academic term. Each |
196 | institution shall also report to the department necessary |
197 | demographic and eligibility data for such students. |
198 | (4)(a) The funds appropriated for the Florida Public |
199 | Postsecondary Career Education Student Assistance Grant Program |
200 | shall be distributed to eligible community colleges and district |
201 | school boards in accordance with a formula approved by the |
202 | department. |
203 | (b) Payment of Florida public postsecondary career |
204 | education student assistance grants shall be transmitted to the |
205 | president of the community college or to the district school |
206 | superintendent, or to the designee thereof, in advance of the |
207 | registration period. Institutions shall notify students of the |
208 | amount of their awards. |
209 | (c) The eligibility status of each student to receive a |
210 | disbursement shall be determined by each institution as of the |
211 | end of its regular registration period, inclusive of a drop-add |
212 | period. Institutions shall not be required to reevaluate a |
213 | student's eligibility status after this date for purposes of |
214 | changing eligibility determinations previously made. |
215 | (d) Participating institutions shall certify to the |
216 | department the amount of funds disbursed to each student and |
217 | shall remit to the department any undisbursed advances by June 1 |
218 | of each year. |
219 | (5) The State Board of Education shall establish rules |
220 | necessary to implement this section. |
221 | (6) This section shall be implemented only to the extent |
222 | specifically funded and authorized by law. |
223 | Section 3. Section 1009.77, Florida Statutes, is amended |
224 | to read: |
225 | 1009.77 Florida Work Experience Program.-- |
226 | (1) There is established the Florida Work Experience |
227 | Program to be administered by the Department of Education. The |
228 | purpose of the program is to introduce eligible students to work |
229 | experience that will complement and reinforce their educational |
230 | program and career goals and provide a self-help student aid |
231 | program that reduces student loan indebtedness. Additionally, |
232 | the program's opportunities for employment at a student's school |
233 | will serve as a retention tool because students employed on |
234 | campus are more likely to complete their postsecondary |
235 | education. The Such program shall be available to: |
236 | (a) Any student attending a state university or community |
237 | college authorized by Florida law; or |
238 | (b) Any student attending a nonprofit Florida |
239 | postsecondary education institution that is eligible to |
240 | participate in either of the student assistance grant programs |
241 | established in ss. 1009.51 and 1009.52; |
242 | (c) Any postsecondary student attending a career center |
243 | operated by a district school board under s. 1001.44; or |
244 | (d) Any student attending an educator preparation |
245 | institute established under s. 1004.85. Such student may |
246 | participate in this program despite having previously earned a |
247 | baccalaureate degree. |
248 | (2)(a) A participating institution may use up to 100 25 |
249 | percent of its program allocation for student employment within |
250 | the institution. |
251 | (b) A participating institution may use up to 10 percent |
252 | of its program allocation for program administration. |
253 | (3) Each participating institution is authorized to enter |
254 | into contractual agreements with private or public employers for |
255 | the purpose of establishing a Florida work experience program. |
256 | (4) The participating postsecondary educational |
257 | institution shall be responsible for reimbursing employers for |
258 | student wages from moneys it receives from the trust fund |
259 | pursuant to subsection (11) (8). Public elementary or secondary |
260 | school employers or postsecondary institution employers shall be |
261 | reimbursed for 100 percent of the student's wages by the |
262 | participating institution. All other employers may shall be |
263 | reimbursed for up to 70 percent of the student's wages. When a |
264 | college or university employs a student on campus through this |
265 | program, other student financial aid funds may not be used to |
266 | fund the institution's 30-percent portion of the student's |
267 | wages. |
268 | (5) The employer is responsible for furnishing the full |
269 | cost of any mandatory benefits. Such benefits may not be |
270 | considered part of the 30-percent wage requirement total for |
271 | matching purposes. |
272 | (6) Each participating postsecondary educational |
273 | institution is responsible for furnishing the full cost of all |
274 | preemployment requirements, including, but not limited to, |
275 | background screenings and tuberculosis testing, that are |
276 | necessary for a student to be employed by a public elementary or |
277 | secondary school employer. Expenditures under this subsection |
278 | shall be paid from the funds received by the participating |
279 | postsecondary educational institution from the trust fund under |
280 | subsection (11). |
281 | (7) The employer is responsible for paying no less than |
282 | the federal minimum wage established under the Fair Labor |
283 | Standards Act or the state minimum wage established under s. 24, |
284 | Art. X of the State Constitution and s. 448.110, whichever is |
285 | greater. Employers are encouraged to pay students a competitive |
286 | wage to increase student participation in this program. |
287 | (8)(6) A student is eligible to participate in the Florida |
288 | Work Experience Program if the student: |
289 | (a) Is enrolled: |
290 | 1. At an eligible college or university as no less than a |
291 | half-time undergraduate student in good standing;. |
292 | 2. In an eligible postsecondary career certificate program |
293 | as no less than a half-time student in good standing. Eligible |
294 | programs must be approved by the Department of Education and |
295 | must consist of no less than 450 clock hours of instruction. |
296 | Such programs must be offered by a career center operated by a |
297 | district school board under s. 1001.44 or by a community |
298 | college; or |
299 | 3. At an educator preparation institute established under |
300 | s. 1004.85 as no less than a half-time student in good standing. |
301 |
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302 | However, a student may be employed during the break between two |
303 | consecutive terms or employed, although not enrolled, during a |
304 | term if the student was enrolled at least half time during the |
305 | preceding term and preregisters as no less than a half-time |
306 | student for the subsequent academic term. A student who attends |
307 | an institution that does not provide preregistration shall |
308 | provide documentation of intent to enroll as no less than a |
309 | half-time student for the subsequent academic term. |
310 | (b) Meets the general requirements for student eligibility |
311 | as provided in s. 1009.40, except as otherwise provided in this |
312 | section. |
313 | (c) Demonstrates financial need. |
314 | (d) Maintains the equivalent of a 2.0 cumulative grade |
315 | point average of a 2.0 on a 4.0 scale for all college work. |
316 | (9)(7) The State Board of Education shall adopt prescribe |
317 | such rules for the program as are necessary for its |
318 | administration, for the determination of eligibility and |
319 | selection of institutions to receive funds for students, to |
320 | ensure the proper expenditure of funds, and to provide an |
321 | equitable distribution of funds between students at public and |
322 | independent colleges and universities and career centers |
323 | operated by district school boards under s. 1001.44. |
324 | (10) A participating institution that receives funds from |
325 | the program shall certify to the department the amount of funds |
326 | disbursed to each student within 30 days after the end of each |
327 | term. |
328 | (11)(8) Funds appropriated by the Legislature for the |
329 | Florida Work Experience Program may shall be deposited in the |
330 | State Student Financial Assistance Trust Fund. The Chief |
331 | Financial Officer shall authorize expenditures from the trust |
332 | fund upon receipt of vouchers approved by the department of |
333 | Education. Any balance remaining therein at the end of any |
334 | fiscal year that has been allocated to the program shall remain |
335 | therein and shall be available for carrying out the purposes of |
336 | the program. |
337 | Section 4. For fiscal year 2007-2008, the sum of |
338 | $2,600,000 in nonrecurring funds is appropriated from the |
339 | Student Loan Operating Trust Fund to the Florida Public |
340 | Postsecondary Career Education Student Assistance Grant Program |
341 | to fund student assistance grants under s. 1009.505, Florida |
342 | Statutes. |
343 | Section 5. For fiscal year 2007-2008, the sum of $500,000 |
344 | in nonrecurring funds is appropriated from the Student Loan |
345 | Operating Trust Fund to the Florida Work Experience Program to |
346 | fund participation by postsecondary career certificate students |
347 | enrolled at a community college or career center operated by a |
348 | district school board under s. 1001.44, Florida Statutes, and by |
349 | students enrolled at an educator preparation institute under s. |
350 | 1004.85, Florida Statutes. |
351 | Section 6. This act shall take effect July 1, 2007. |