| 1 | A bill to be entitled |
| 2 | An act relating to career and adult education; amending s. |
| 3 | 20.15, F.S.; renaming the Division of Workforce Education |
| 4 | within the Department of Education as the Division of |
| 5 | Career and Adult Education; amending s. 311.121, F.S.; |
| 6 | revising the membership of the Seaport Security Officer |
| 7 | Qualification, Training, and Standards Coordinating |
| 8 | Council by replacing the chancellor of the Community |
| 9 | College System with the Commissioner of Education; |
| 10 | amending s. 446.045, F.S.; revising definitions relating |
| 11 | to the State Apprenticeship Advisory Council; revising |
| 12 | membership of the council and certain reimbursement |
| 13 | provisions; authorizing meetings by teleconference and |
| 14 | other electronic means; amending s. 1003.4285, F.S.; |
| 15 | providing for a high school diploma designation reflecting |
| 16 | attainment of industry certifications; conforming |
| 17 | provisions to changes made by the act; amending s. |
| 18 | 1003.43, F.S.; providing an exception for students |
| 19 | enrolled in adult general education from a prerequisite |
| 20 | for high school graduation; repealing s. 1003.431, F.S., |
| 21 | relating to career education certification; amending s. |
| 22 | 1011.62, F.S.; specifying the types of industry |
| 23 | certifications eligible for the award of additional full- |
| 24 | time membership; requiring the Office of Program Policy |
| 25 | Analysis and Government Accountability to review and |
| 26 | provide a report on workforce education programs for |
| 27 | occupations not included on specified occupation lists and |
| 28 | on funding options; providing an effective date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Paragraph (c) of subsection (3) of section |
| 33 | 20.15, Florida Statutes, is amended to read: |
| 34 | 20.15 Department of Education.--There is created a |
| 35 | Department of Education. |
| 36 | (3) DIVISIONS.--The following divisions of the Department |
| 37 | of Education are established: |
| 38 | (c) Division of Career and Adult Education Workforce |
| 39 | Education. |
| 40 | Section 2. Paragraphs (b) and (d) of subsection (3) of |
| 41 | section 311.121, Florida Statutes, are amended to read: |
| 42 | 311.121 Qualifications, training, and certification of |
| 43 | licensed security officers at Florida seaports.-- |
| 44 | (3) |
| 45 | (b)1. The executive director of the Department of Law |
| 46 | Enforcement shall appoint 11 members to the council which shall |
| 47 | include: |
| 48 | a. The seaport administrator of the Department of Law |
| 49 | Enforcement. |
| 50 | b. The Commissioner of Education or his or her designee |
| 51 | chancellor of the Community College System. |
| 52 | c. The director of the Division of Licensing of the |
| 53 | Department of Agriculture and Consumer Services. |
| 54 | d. The administrator of the Florida Seaport Transportation |
| 55 | and Economic Development Council. |
| 56 | e. Two seaport security directors from seaports designated |
| 57 | under s. 311.09. |
| 58 | f. One director of a state law enforcement academy. |
| 59 | g. One representative of a local law enforcement agency. |
| 60 | h. Two representatives of contract security services. |
| 61 | i. One representative of the Division of Driver Licenses |
| 62 | of the Department of Highway Safety and Motor Vehicles. |
| 63 | 2. In addition to the members designated in subparagraph |
| 64 | 1., the executive director may invite a representative of the |
| 65 | United States Coast Guard to attend and participate in council |
| 66 | meetings as an ex officio, nonvoting member of the council. |
| 67 | (d) The Commissioner of Education or his or her designee |
| 68 | chancellor of the Community College System shall serve as chair |
| 69 | of the council. |
| 70 | Section 3. Section 446.045, Florida Statutes, is amended |
| 71 | to read: |
| 72 | 446.045 State Apprenticeship Advisory Council.-- |
| 73 | (1) As used in this section, the term: |
| 74 | (a) "Joint employee organization" means an apprenticeship |
| 75 | sponsor who participates in a collective bargaining agreement |
| 76 | and represents employees. |
| 77 | (b) "Nonjoint employer organization" means an |
| 78 | apprenticeship sponsor who does not participate in a collective |
| 79 | bargaining agreement and who represents management. |
| 80 | (2)(a) There is created a State Apprenticeship Advisory |
| 81 | Council to be composed of 10 voting members appointed by the |
| 82 | Governor and two ex officio nonvoting members. The purpose of |
| 83 | the advisory council is to advise the department on matters |
| 84 | relating to apprenticeship. The advisory council may not |
| 85 | establish policy, adopt rules, or consider whether particular |
| 86 | apprenticeship programs should be approved by the department. |
| 87 | (b) The Commissioner of Education or the commissioner's |
| 88 | designee shall serve ex officio as chair of the State |
| 89 | Apprenticeship Advisory Council, but may not vote. The state |
| 90 | director of the Office Bureau of Apprenticeship and Training of |
| 91 | the United States Department of Labor shall serve ex officio as |
| 92 | a nonvoting member of the council. The Governor shall appoint to |
| 93 | the council four five members representing sponsors of joint |
| 94 | employee organizations and four five members representing |
| 95 | sponsors of nonjoint employer organizations. Each of these eight |
| 96 | members member shall represent industries that have registered |
| 97 | apprenticeship programs. The Governor shall also appoint two |
| 98 | public members who are knowledgeable about registered |
| 99 | apprenticeship and apprenticeable occupations, one of whom shall |
| 100 | be recommended by joint organizations and one of whom shall be |
| 101 | recommended by nonjoint organizations. Members shall be |
| 102 | appointed for 4-year staggered terms. A vacancy shall be filled |
| 103 | for the remainder of the unexpired term. |
| 104 | (c) The council shall meet at the call of the chair or at |
| 105 | the request of a majority of its membership, but at least twice |
| 106 | a year. A majority of the voting members shall constitute a |
| 107 | quorum, and the affirmative vote of a majority of a quorum is |
| 108 | necessary to take action. |
| 109 | (d) The Governor may remove any member for cause. |
| 110 | (e) The council shall maintain minutes of each meeting. |
| 111 | The department shall keep on file the minutes of each meeting |
| 112 | and shall make the minutes available to any interested person. |
| 113 | (f) Members of the council shall serve without |
| 114 | compensation and, but are not entitled to receive reimbursement |
| 115 | for per diem and travel expenses under as provided in s. |
| 116 | 112.061. Meetings may be held via teleconference or other |
| 117 | electronic means. |
| 118 | Section 4. Section 1003.4285, Florida Statutes, is amended |
| 119 | to read: |
| 120 | 1003.4285 Standard high school diploma designations.--By |
| 121 | the 2008-2009 school year, Each standard high school diploma |
| 122 | shall include, as applicable: |
| 123 | (1) A designation of the student's major area of interest |
| 124 | pursuant to the student's completion of credits as provided in |
| 125 | s. 1003.428. |
| 126 | (2) A designation reflecting completion of four or more |
| 127 | accelerated college credit courses if the student is eligible |
| 128 | for college credit pursuant to s. 1007.27 or s. 1007.271 in |
| 129 | Advanced Placement, International Baccalaureate, Advanced |
| 130 | International Certificate of Education, or dual enrollment |
| 131 | courses. The Commissioner of Education shall establish |
| 132 | guidelines for successful passage of examinations or coursework |
| 133 | in each of the accelerated college credit options for purposes |
| 134 | of this subsection. |
| 135 | (3) A designation reflecting attainment of one or more |
| 136 | industry certifications from the list approved by Workforce |
| 137 | Florida, Inc., under s. 1003.492 career education certification |
| 138 | in accordance with s. 1003.431. |
| 139 | (4) A designation reflecting a Florida Ready to Work |
| 140 | Credential in accordance with s. 1004.99. |
| 141 | Section 5. Paragraph (c) of subsection (6) of section |
| 142 | 1003.43, Florida Statutes, is amended to read: |
| 143 | 1003.43 General requirements for high school graduation.-- |
| 144 | (6) The Legislature recognizes that adult learners are |
| 145 | unique in situation and needs. The following graduation |
| 146 | requirements are therefore instituted for students enrolled in |
| 147 | adult general education in accordance with s. 1004.93 in pursuit |
| 148 | of a high school diploma: |
| 149 | (c) Any course listed within the Department of Education |
| 150 | Course Code Directory in the areas of art, dance, drama, or |
| 151 | music may be undertaken by adult secondary education students. |
| 152 | Enrollment and satisfactory completion of such a course shall |
| 153 | satisfy The one credit in performing fine arts required for high |
| 154 | school graduation pursuant to subsection (1) is not required for |
| 155 | graduation and shall be substituted with elective credit keeping |
| 156 | the total credits needed for graduation consistent with |
| 157 | subsection (1). |
| 158 | Section 6. Section 1003.431, Florida Statutes, is |
| 159 | repealed. |
| 160 | Section 7. Paragraph (o) of subsection (1) of section |
| 161 | 1011.62, Florida Statutes, is amended to read: |
| 162 | 1011.62 Funds for operation of schools.--If the annual |
| 163 | allocation from the Florida Education Finance Program to each |
| 164 | district for operation of schools is not determined in the |
| 165 | annual appropriations act or the substantive bill implementing |
| 166 | the annual appropriations act, it shall be determined as |
| 167 | follows: |
| 168 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
| 169 | OPERATION.--The following procedure shall be followed in |
| 170 | determining the annual allocation to each district for |
| 171 | operation: |
| 172 | (o) Calculation of additional full-time equivalent |
| 173 | membership based on certification of successful completion of |
| 174 | industry-certified career and professional academy programs |
| 175 | pursuant to ss. 1003.491, s. 1003.492, and 1003.493 and |
| 176 | identified in the Industry Certification Funding List under |
| 177 | rules adopted by the State Board of Education.--A value of 0.3 |
| 178 | full-time equivalent student membership shall be calculated for |
| 179 | each student who completes an industry-certified career and |
| 180 | professional academy program under s. 1003.491, s. 1003.492, or |
| 181 | s. 1003.493 and who is issued the highest level of industry |
| 182 | certification identified annually in the Industry Certification |
| 183 | Funding List under rules adopted by the State Board of Education |
| 184 | and a high school diploma. Such value shall be added to the |
| 185 | total full-time equivalent student membership in secondary |
| 186 | career education programs for grades 9 through 12 in the |
| 187 | subsequent year for courses that were not funded through dual |
| 188 | enrollment. The additional full-time equivalent membership |
| 189 | authorized under this paragraph may not exceed 0.3 per student. |
| 190 | Unless a different amount is specified in the General |
| 191 | Appropriations Act, the appropriation for this calculation is |
| 192 | limited to $15 million annually. If the appropriation is |
| 193 | insufficient to fully fund the total calculation, the |
| 194 | appropriation shall be prorated. |
| 195 | Section 8. By January 15, 2010, the Office of Program |
| 196 | Policy Analysis and Government Accountability shall submit a |
| 197 | report to the Governor, the President of the Senate, and the |
| 198 | Speaker of the House of Representatives on workforce education |
| 199 | programs. The report shall: |
| 200 | (1) Review student outcomes in workforce education degree |
| 201 | and certificate programs offered by community colleges, school |
| 202 | districts, and independent institutions that prepare students |
| 203 | for occupations not included on the locally targeted occupations |
| 204 | lists developed by Workforce Florida, Inc., or on the statewide |
| 205 | occupational forecasting list developed by the Workforce |
| 206 | Estimating Conference. This review shall include examination of: |
| 207 | (a) Successful program completion and licensure passage |
| 208 | rates. |
| 209 | (b) Employment placement rates and wages earned according |
| 210 | to industry. Such examination shall: |
| 211 | 1. Survey a statistically reliable sample of former |
| 212 | students to determine the rates at which students became |
| 213 | employed, and the wages earned, in the occupation for which the |
| 214 | workforce education program prepared the student. Survey |
| 215 | responses shall be cross-checked against available state data. |
| 216 | 2. Consider the effect that students who became self- |
| 217 | employed have on the employment rates determined under |
| 218 | subparagraph 1. |
| 219 | 3. Examine full-time, part-time, and contracted employment |
| 220 | as compared to other professions. |
| 221 | 4. Examine how the percentage of commission impacts total |
| 222 | wages as compared to other professions. |
| 223 | 5. Compare the demand rate resulting from job openings |
| 224 | annually to the demand rate for other professions. |
| 225 | 6. Examine program enrollment demographics by gender and |
| 226 | ethnicity as compared to such demographics for the occupation. |
| 227 | (2) Examine the cost-effectiveness of state funding for |
| 228 | the workforce education programs reviewed under subsection (1) |
| 229 | versus the provision of state financial assistance to students |
| 230 | for attendance at independent institutions that offer such |
| 231 | programs. Such examination shall consider: |
| 232 | (a) The availability of tuition waivers, scholarships, and |
| 233 | loans and the total cost for workforce education programs at |
| 234 | both public and independent institutions. |
| 235 | (b) The requirements for enrollment in public and |
| 236 | independent institutions. |
| 237 | (3) Review the funding model used to determine funding for |
| 238 | school district workforce education programs and provide options |
| 239 | for modifying the funding system that will ensure equity among |
| 240 | districts and access to these programs for students statewide. |
| 241 | |
| 242 | Community colleges and school districts shall provide |
| 243 | information to the Office of Program Policy Analysis and |
| 244 | Government Accountability on the workforce education programs |
| 245 | reviewed under subsection (1) regarding the reasons for offering |
| 246 | such programs, the demand for such programs, and student |
| 247 | outcomes of such programs. |
| 248 | Section 9. This act shall take effect July 1, 2009. |