Florida Senate - 2016                                     SB 726
       
       
        
       By Senator Ring
       
       
       
       
       
       29-00647A-16                                           2016726__
    1                        A bill to be entitled                      
    2         An act relating to career and adult education;
    3         amending s. 446.021, F.S.; redefining terms;
    4         conforming provisions to changes made by the act;
    5         amending s. 446.032, F.S.; conforming provisions to
    6         changes made by the act; amending s. 446.045, F.S.;
    7         revising the membership requirements for the State
    8         Apprenticeship Advisory Council; amending s. 446.081,
    9         F.S.; providing for construction; amending s. 446.091,
   10         F.S.; conforming provisions to changes made by the
   11         act; amending s. 446.092, F.S.; revising the
   12         characteristics of an apprenticeable occupation;
   13         amending s. 1003.435, F.S.; revising the requirements
   14         for a candidate to take an examination for a high
   15         school equivalency diploma after reaching the age of
   16         16; amending s. 1004.015, F.S.; revising the
   17         membership of the Higher Education Coordinating
   18         Council; amending s. 1004.02, F.S.; revising the
   19         definition of “applied technology diploma program”;
   20         amending s. 1004.92, F.S.; revising the program
   21         standards for career, adult, and community education
   22         programs; providing for rulemaking; amending s.
   23         1004.93, F.S.; deleting a requirement that adult
   24         education programs prioritize students based on
   25         certain criteria; revising the academic requirements
   26         for students to whom an adult education program must
   27         provide academic services; requiring school districts
   28         or colleges offering an adult high school or high
   29         school equivalency diploma preparation program to
   30         offer an online option; deleting a requirement that
   31         the State Board of Education define certain courses to
   32         be funded by the developmental education program;
   33         deleting the requirement that the state board
   34         coordinate certain costs and standards for completion
   35         of developmental education; deleting a provision
   36         funding developmental education as an adult career
   37         education program; deleting certain reporting
   38         requirements for developmental education and lifelong
   39         learning; deleting allocation requirements and certain
   40         funding requirements for students in developmental
   41         education; deleting the authority of Florida College
   42         System institutions to review and reduce certain fees
   43         for developmental education; deleting a restriction
   44         that developmental education and lifelong learning
   45         courses not generate credit toward certain college
   46         degrees; amending s. 1008.44, F.S.; increasing the
   47         maximum number of authorized CAPE Digital Tool
   48         certificates; deleting a requirement that the CAPE
   49         Industry Certification Funding List be updated solely
   50         by the Chancellor of Career and Adult Education;
   51         amending s. 1009.22, F.S.; revising tuition and fees
   52         for specific workforce education programs; amending s.
   53         1009.42, F.S.; revising the entities that must provide
   54         a financial aid appeal process; reordering and
   55         amending s. 1011.80, F.S.; requiring certain school
   56         districts and Florida College System institutions to
   57         maintain specified records; deleting the requirement
   58         that funding for workforce education programs be based
   59         on certain categories and measures; revising
   60         operational and performance funding calculation and
   61         allocation for workforce education programs; requiring
   62         operational funding to be provided to school districts
   63         for workforce education programs; providing
   64         calculations for cost categories; providing that
   65         performance funding shall be contingent upon specific
   66         appropriation; removing the requirement for
   67         CareerSource Florida, Inc., to provide the Legislature
   68         with certain recommendations for distributing
   69         performance funds; deleting provisions relating to a
   70         program to assist in responding to the needs of new
   71         and expanding businesses; conforming provisions to
   72         changes made by this act; creating s. 1011.802, F.S.;
   73         creating the Florida Apprenticeship Grant Program to
   74         provide grants to certain career centers and Florida
   75         College System institutions; requiring the Division of
   76         Career and Adult Education within the Department of
   77         Education to administer the program; requiring
   78         applications to the program to contain certain
   79         projections and costs; requiring the department to
   80         give priority to certain apprenticeship programs;
   81         specifying purposes for which grant funds may be used;
   82         requiring grant recipients to submit quarterly
   83         reports; creating s. 1011.803, F.S.; creating the
   84         Rapid Response Grant Program to provide grants for the
   85         expansion or implementation of certain postsecondary
   86         programs at career centers; providing requirements for
   87         application for the grant; requiring grant recipients
   88         to submit quarterly reports; specifying purposes for
   89         which grant funds may be used; requiring the
   90         Department of Education to administer the program and
   91         conduct annual analyses and assessments; providing an
   92         effective date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Subsections (2), (4), and (9) of section
   97  446.021, Florida Statutes, are amended to read:
   98         446.021 Definitions of terms used in ss. 446.011-446.092.
   99  As used in ss. 446.011-446.092, the term:
  100         (2) “Apprentice” means a person at least 16 years of age
  101  who is engaged in learning a recognized skilled trade through
  102  actual work experience under the supervision of a journeyworker
  103  journeymen craftsmen, which training should be combined with
  104  properly coordinated studies of related technical and
  105  supplementary subjects, and who has entered into a written
  106  agreement, which may be cited as an apprentice agreement, with a
  107  registered apprenticeship sponsor who may be either an employer,
  108  an association of employers, or a local joint apprenticeship
  109  committee.
  110         (4) “Journeyworker Journeyman” means a worker recognized
  111  within an industry as having mastered the skills and
  112  competencies required for a specific trade or occupation. The
  113  term includes a mentor, technician, specialist, or other skilled
  114  worker who has sufficient skills and knowledge of an occupation,
  115  either through formal apprenticeship or through practical on
  116  the-job experience and formal training person working in an
  117  apprenticeable occupation who has successfully completed a
  118  registered apprenticeship program or who has worked the number
  119  of years required by established industry practices for the
  120  particular trade or occupation.
  121         (9) “Related instruction” means an organized and systematic
  122  form of instruction designed to provide the apprentice with
  123  knowledge of the theoretical and technical subjects related to a
  124  specific trade or occupation. Such instruction may be given in a
  125  classroom through occupational or industrial courses or outside
  126  of a classroom through correspondence courses of equivalent
  127  value, electronic media, or other forms of self-study approved
  128  by the department.
  129         Section 2. Subsection (1) of section 446.032, Florida
  130  Statutes, is amended to read:
  131         446.032 General duties of the department for apprenticeship
  132  training.—The department shall:
  133         (1) Establish uniform minimum standards and policies
  134  governing apprentice programs and agreements. The standards and
  135  policies shall govern the terms and conditions of the
  136  apprentice’s employment and training, including the quality
  137  training of the apprentice for, but not limited to, such matters
  138  as ratios of apprentices to journeyworkers journeymen, safety,
  139  related instruction, and on-the-job training; but these
  140  standards and policies may not include rules, standards, or
  141  guidelines that require the use of apprentices and job trainees
  142  on state, county, or municipal contracts. The department may
  143  adopt rules necessary to administer the standards and policies.
  144         Section 3. Paragraph (b) of subsection (2) of section
  145  446.045, Florida Statutes, is amended to read:
  146         446.045 State Apprenticeship Advisory Council.—
  147         (2)
  148         (b) The Commissioner of Education or the commissioner’s
  149  designee shall serve ex officio as chair of the State
  150  Apprenticeship Advisory Council, but may not vote. The state
  151  director of the Office of Apprenticeship of the United States
  152  Department of Labor shall serve ex officio as a nonvoting member
  153  of the council. The Governor shall appoint to the council four
  154  members representing employee organizations and four members
  155  representing employer organizations. Each of these eight members
  156  shall represent industries that have registered apprenticeship
  157  programs. The Governor shall also appoint two public members who
  158  are knowledgeable about registered apprenticeship and
  159  apprenticeable occupations and who are independent of any joint
  160  or nonjoint organization, one of whom shall be recommended by
  161  joint organizations, and one of whom shall be recommended by
  162  nonjoint organizations. Members shall be appointed for 4-year
  163  staggered terms. A vacancy shall be filled for the remainder of
  164  the unexpired term.
  165         Section 4. Subsection (4) is added to section 446.081,
  166  Florida Statutes, to read:
  167         446.081 Limitation.—
  168         (4) Sections 446.011-446.092, rules adopted under those
  169  sections, or apprentice agreements approved under those sections
  170  may not operate to invalidate any special provision for
  171  veterans, minority persons, or women relating to the standards,
  172  apprentice qualifications, or operation of the program which is
  173  not otherwise prohibited by law, executive order, or authorized
  174  regulation.
  175         Section 5. Section 446.091, Florida Statutes, is amended to
  176  read:
  177         446.091 On-the-job training program.—All provisions of ss.
  178  446.011-446.092 relating to apprenticeship and
  179  preapprenticeship, including, but not limited to, programs,
  180  agreements, standards, administration, procedures, definitions,
  181  expenditures, local committees, powers and duties, limitations,
  182  grievances, and ratios of apprentices and job trainees to
  183  journeyworkers journeymen on state, county, and municipal
  184  contracts, shall be appropriately adapted and made applicable to
  185  a program of on-the-job training authorized under those
  186  provisions for persons other than apprentices.
  187         Section 6. Section 446.092, Florida Statutes, is amended to
  188  read:
  189         446.092 Criteria for apprenticeship occupations.—An
  190  apprenticeable occupation is a skilled trade that which
  191  possesses all of the following characteristics:
  192         (1) It is customarily learned in a practical way through a
  193  structured, systematic program of on-the-job, supervised
  194  training.
  195         (2) It is clearly identified and commonly recognized
  196  throughout an the industry or recognized with a positive view
  197  towards changing technology.
  198         (3) It involves manual, mechanical, or technical skills and
  199  knowledge that, in accordance with the industry standards for
  200  that occupation, would which require a minimum of 2,000 hours of
  201  on-the-job work and training, which hours are excluded from the
  202  time spent at related instruction.
  203         (4) It requires related instruction to supplement on-the
  204  job training. Such instruction may be given in a classroom
  205  through occupational or industrial courses or outside of a
  206  classroom through correspondence courses of equivalent value,
  207  electronic media, or other forms of self-study approved by the
  208  department.
  209         (5) It involves the development of skill sufficiently broad
  210  to be applicable in like occupations throughout an industry,
  211  rather than of restricted application to the products or
  212  services of any one company.
  213         (6) It does not fall into any of the following categories:
  214         (a) Selling, retailing, or similar occupations in the
  215  distributive field.
  216         (b) Managerial occupations.
  217         (c) Professional and scientific vocations for which
  218  entrance requirements customarily require an academic degree.
  219         Section 7. Subsection (4) of section 1003.435, Florida
  220  Statutes, is amended to read:
  221         1003.435 High school equivalency diploma program.—
  222         (4) A candidate for a high school equivalency diploma shall
  223  be at least 18 years of age on the date of the examination,
  224  except that in extraordinary circumstances, as provided for in
  225  rules of the district school board of the district in which the
  226  candidate resides or attends school, a candidate may take the
  227  examination after reaching the age of 16 if the student files a
  228  formal declaration of intent to terminate school enrollment
  229  pursuant to s. 1003.21.
  230         Section 8. Present paragraphs (d) through (i) of subsection
  231  (2) of section 1004.015, Florida Statutes, are redesignated as
  232  paragraphs (e) through (j), respectively, and a new paragraph
  233  (d) is added to that subsection, to read:
  234         1004.015 Higher Education Coordinating Council.—
  235         (2) Members of the council shall include:
  236         (d) The Chancellor of Career and Adult Education.
  237         Section 9. Subsection (7) of section 1004.02, Florida
  238  Statutes, is amended to read:
  239         1004.02 Definitions.—As used in this chapter:
  240         (7) “Applied technology diploma program” means a course of
  241  study that is part of a technical degree program, is less than
  242  60 credit hours, and leads to employment in a specific
  243  occupation. An applied technology diploma program consists may
  244  consist of either technical credit or college credit and may be
  245  offered by a public school district or a Florida College System
  246  institution. A public school district may offer an applied
  247  technology diploma program only as technical credit, with
  248  college credit awarded to a student upon articulation to a
  249  Florida College System institution. Statewide articulation among
  250  public schools and Florida College System institutions is
  251  guaranteed by s. 1007.23, and is subject to guidelines and
  252  standards adopted by the State Board of Education pursuant to
  253  ss. 1007.24 and 1007.25.
  254         Section 10. Paragraph (b) of subsection (2) of section
  255  1004.92, Florida Statutes, is amended, and subsection (4) is
  256  added to that section, to read:
  257         1004.92 Purpose and responsibilities for career education.—
  258         (2)
  259         (b) Department of Education accountability for career
  260  education includes, but is not limited to:
  261         1. The provision of timely, accurate technical assistance
  262  to school districts and Florida College System institutions.
  263         2. The provision of timely, accurate information to the
  264  State Board of Education, the Legislature, and the public.
  265         3. The development of policies, rules, and procedures that
  266  facilitate institutional attainment of the accountability
  267  standards and coordinate the efforts of all divisions within the
  268  department.
  269         4. The development of program standards and industry-driven
  270  benchmarks for career, adult, and community education programs,
  271  which must be updated every 3 years. The standards must reflect
  272  the quality components of a career and technical education
  273  program and include career, academic, and workplace skills;
  274  viability of distance learning for instruction; and work/learn
  275  cycles that are responsive to business and industry.
  276         5. Overseeing school district and Florida College System
  277  institution compliance with the provisions of this chapter.
  278         6. Ensuring that the educational outcomes for the technical
  279  component of career programs are uniform and designed to provide
  280  a graduate who is capable of entering the workforce on an
  281  equally competitive basis regardless of the institution of
  282  choice.
  283         (4) The State Board of Education shall adopt rules to
  284  administer this section.
  285         Section 11. Subsections (2) and (4) of section 1004.93,
  286  Florida Statutes, are amended, present subsections (3) through
  287  (9) of that section are redesignated as subsections (4) through
  288  (10), respectively, and a new subsection (3) is added to that
  289  section, to read:
  290         1004.93 Adult general education.—
  291         (2) The adult education program must provide academic
  292  services to students in the following priority:
  293         (a) Students who demonstrate skills at less than a fifth
  294  grade level, as measured by tests approved for this purpose by
  295  the State Board of Education, and who are studying to achieve
  296  basic literacy.
  297         (b) Students who demonstrate skills at the fifth grade
  298  level or higher, but below the ninth grade level, as measured by
  299  tests approved for this purpose by the State Board of Education,
  300  and who are studying to achieve functional literacy.
  301         (c) Students who are earning credit required for a high
  302  school diploma or who are preparing for the high school
  303  equivalency examination. Each school district or Florida College
  304  System institution that offers an adult high school or high
  305  school equivalency diploma preparation program must offer at
  306  least one online option that enables students to earn a standard
  307  high school diploma or its equivalent.
  308         (d) Students who have earned high school diplomas and
  309  require specific improvement in order to:
  310         1. Obtain or maintain employment or benefit from
  311  certificate career education programs;
  312         2. Pursue a postsecondary degree; or
  313         3. Develop competence in the English language to qualify
  314  for employment.
  315         (3) The adult education program may provide academic
  316  services to the following:
  317         (a)(e) Students who enroll in lifelong learning courses or
  318  activities that seek to address community social and economic
  319  issues that consist of health and human relations, government,
  320  parenting, consumer economics, and senior citizens. Services may
  321  be provided to these students only if all students seeking
  322  services under subsection (2) have been served.
  323         (b)(f) Students who enroll in courses that relate to the
  324  recreational or leisure pursuits of the students. The cost of
  325  courses conducted pursuant to this paragraph shall be borne by
  326  the enrollees.
  327         (5)(4)(a) Adult general education shall be evaluated and
  328  funded as provided in s. 1011.80.
  329         (b) Fees for adult basic instruction are to be charged in
  330  accordance with chapter 1009.
  331         (c) The State Board of Education shall define, by rule, the
  332  levels and courses of instruction to be funded through the
  333  developmental education program. The state board shall
  334  coordinate the establishment of costs for developmental
  335  education courses, the establishment of statewide standards that
  336  define required levels of competence, acceptable rates of
  337  student progress, and the maximum amount of time to be allowed
  338  for completion of developmental education. Developmental
  339  education is part of an associate in arts degree program and may
  340  not be funded as an adult career education program.
  341         (d) Expenditures for developmental education and lifelong
  342  learning students shall be reported separately. Allocations for
  343  developmental education shall be based on proportional full-time
  344  equivalent enrollment. Program review results shall be included
  345  in the determination of subsequent allocations. A student shall
  346  be funded to enroll in the same developmental education class
  347  within a skill area only twice, after which time the student
  348  shall pay 100 percent of the full cost of instruction to support
  349  the continuous enrollment of that student in the same class;
  350  however, students who withdraw or fail a class due to
  351  extenuating circumstances may be granted an exception only once
  352  for each class, provided approval is granted according to policy
  353  established by the board of trustees. Each Florida College
  354  System institution shall have the authority to review and reduce
  355  payment for increased fees due to continued enrollment in a
  356  developmental education class on an individual basis contingent
  357  upon the student’s financial hardship, pursuant to definitions
  358  and fee levels established by the State Board of Education.
  359  Developmental education and lifelong learning courses do not
  360  generate credit toward an associate or baccalaureate degree.
  361         (c)(e) A district school board or a Florida College System
  362  institution board of trustees may negotiate a contract with the
  363  regional workforce board for specialized services for
  364  participants in the welfare transition program, beyond what is
  365  routinely provided for the general public, to be funded by the
  366  regional workforce board.
  367         Section 12. Paragraph (b) of subsection (1) of section
  368  1008.44, Florida Statutes, is amended to read:
  369         1008.44 CAPE Industry Certification Funding List and CAPE
  370  Postsecondary Industry Certification Funding List.—
  371         (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
  372  of Education shall, at least annually, identify, under rules
  373  adopted by the State Board of Education, and the Commissioner of
  374  Education may at any time recommend adding the following
  375  certificates, certifications, and courses:
  376         (b) No more than 30 15 CAPE Digital Tool certificates
  377  limited to the areas of word processing; spreadsheets; sound,
  378  motion, and color presentations; digital arts; cybersecurity;
  379  and coding pursuant to s. 1003.4203(3) that do not articulate
  380  for college credit. Such certificates shall be annually
  381  identified on the CAPE Industry Certification Funding List and
  382  updated solely by the Chancellor of Career and Adult Education.
  383  The certificates shall be made available to students in
  384  elementary school and middle school grades and, if earned by a
  385  student, shall be eligible for additional full-time equivalent
  386  membership pursuant to s. 1011.62(1)(o)1.
  387         Section 13. Paragraph (c) of subsection (3) of section
  388  1009.22, Florida Statutes, is amended, present paragraphs (d)
  389  and (e) of that subsection are redesignated as paragraphs (e)
  390  and (f), respectively, and a new paragraph (d) is added to that
  391  subsection, to read:
  392         1009.22 Workforce education postsecondary student fees.—
  393         (3)
  394         (c) Effective July 1, 2014, for programs leading to a
  395  career certificate or an applied technology diploma, the
  396  standard tuition shall be $2.33 per contact hour for residents
  397  and nonresidents and the out-of-state fee shall be $6.99 per
  398  contact hour. For adult general education programs, a block
  399  tuition of $45 per half year or $30 per term shall be assessed.
  400  Each district school board and Florida College System
  401  institution board of trustees shall adopt policies and
  402  procedures for the collection of and accounting for the
  403  expenditure of the block tuition. All funds received from the
  404  block tuition shall be used only for adult general education
  405  programs. Students enrolled in adult general education programs
  406  may not be assessed the fees authorized in subsection (5),
  407  subsection (6), or subsection (7).
  408         (d) Effective July 1, 2016, for programs leading to an
  409  applied technology diploma, the standard tuition shall be $71.98
  410  per credit hour for residents. Nonresidents shall pay an out-of
  411  state fee of $215.94 per credit hour in addition to the standard
  412  tuition.
  413         Section 14. Subsection (2) of section 1009.42, Florida
  414  Statutes, is amended to read:
  415         1009.42 Financial aid appeal process.—
  416         (2) The president of each state university and each Florida
  417  College System institution, or each district school board that
  418  operates a career center pursuant to s. 1001.44 or a charter
  419  technical career center pursuant to s. 1002.34, shall establish
  420  a procedure for appeal, by students, of grievances related to
  421  the award or administration of financial aid at the institution.
  422         Section 15. Section 1011.80, Florida Statutes, is reordered
  423  and amended to read:
  424         1011.80 Funds for operation of workforce education
  425  programs.—
  426         (1) As used in this section, the terms “workforce
  427  education” and “workforce education program” include:
  428         (a) Adult general education programs designed to improve
  429  the employability skills of the state’s workforce as defined in
  430  s. 1004.02(3).
  431         (b) Career certificate programs, as defined in s.
  432  1004.02(20).
  433         (c) Applied technology diploma programs.
  434         (d) Continuing workforce education courses.
  435         (e) Degree career education programs.
  436         (f) Apprenticeship and preapprenticeship programs as
  437  defined in s. 446.021.
  438         (2) A Any workforce education program may be conducted by a
  439  Florida College System institution or a school district, except
  440  that college credit in an associate in applied science or an
  441  associate in science degree may be awarded only by a Florida
  442  College System institution. However, if an associate in applied
  443  science or an associate in science degree program contains
  444  within it an occupational completion point that confers a
  445  certificate or an applied technology diploma, that portion of
  446  the program may be offered conducted by a school district career
  447  center. Any Instruction designed to articulate to a degree
  448  program is subject to guidelines and standards adopted by the
  449  State Board of Education pursuant to s. 1007.25.
  450         (3) Each school district and Florida College System
  451  institution receiving state appropriations for workforce
  452  education programs must maintain adequate and accurate records,
  453  including a system to record school district workforce education
  454  funding and expenditures, in order to maintain separation of
  455  postsecondary workforce education expenditures from secondary
  456  education expenditures. These records must be filed with the
  457  Department of Education in correct and proper form on or before
  458  the date due as provided by law or rule for each annual or
  459  periodic report required by rule of the State Board of
  460  Education.
  461         (3) If a program for disabled adults pursuant to s. 1004.93
  462  is a workforce program as defined in law, it must be funded as
  463  provided in this section.
  464         (4) Funding for all workforce education programs must be
  465  based on cost categories, performance output measures, and
  466  performance outcome measures.
  467         (a) The cost categories must be calculated to identify
  468  high-cost programs, medium-cost programs, and low-cost programs.
  469  The cost analysis used to calculate and assign a program of
  470  study to a cost category must include at least both direct and
  471  indirect instructional costs, consumable supplies, equipment,
  472  and standard program length.
  473         (b) The performance output measure for an adult general
  474  education course of study is measurable improvement in student
  475  skills. This measure shall include improvement in literacy
  476  skills, grade level improvement as measured by an approved test,
  477  or attainment of a State of Florida diploma or an adult high
  478  school diploma.
  479         (c) The performance outcome measures for adult general
  480  education programs are associated with placement and retention
  481  of students after reaching a completion point or completing a
  482  program of study. These measures include placement or retention
  483  in employment. Continuing postsecondary education at a level
  484  that will further enhance employment is a performance outcome
  485  for adult general education programs.
  486         (5) State funding and student fees for workforce education
  487  instruction shall be established as follows:
  488         (a) Expenditures for the continuing workforce education
  489  programs provided by the Florida College System institutions or
  490  school districts must be fully supported by fees. Enrollments in
  491  continuing workforce education courses shall not be counted for
  492  purposes of funding full-time equivalent enrollment.
  493         (b) For all other workforce education programs, state
  494  funding shall be calculated based on weighted enrollment and
  495  program costs minus fee revenues generated to offset program
  496  operating costs equal 75 percent of the average cost of
  497  instruction with the remaining 25 percent made up from student
  498  fees. Fees for courses within a program shall not vary according
  499  to the cost of the individual program, but instead shall be as
  500  provided in s. 1009.22 based on a uniform fee calculated and set
  501  at the state level, as adopted by the State Board of Education,
  502  unless otherwise specified in the General Appropriations Act.
  503         (c) For fee-exempt students pursuant to s. 1009.25, unless
  504  otherwise provided for in law, state funding shall equal 100
  505  percent of the average cost of instruction.
  506         (d) For a public educational institution that has been
  507  fully funded by an external agency for direct instructional
  508  costs of any course or program, the FTE generated shall not be
  509  reported for state funding.
  510         (6)(a) A school district or a Florida College System
  511  institution that provides workforce education programs shall
  512  receive funds in accordance with distributions for base and
  513  performance funding established by the Legislature in the
  514  General Appropriations Act. To ensure equitable funding for all
  515  school district workforce education programs and to recognize
  516  enrollment growth, the Department of Education shall use the
  517  funding model developed by the District Workforce Education
  518  Funding Steering Committee to determine each district’s
  519  workforce education funding needs. To assist the Legislature in
  520  allocating workforce education funds in the General
  521  Appropriations Act, the funding model shall annually be provided
  522  to the legislative appropriations committees no later than March
  523  1.
  524         (b)The department shall provide operational funding to
  525  school districts for workforce education programs based on
  526  weighted student enrollment and program costs determined by cost
  527  categories. The cost categories must be calculated to identify
  528  high-cost programs, medium-cost programs, and low-cost programs.
  529  The cost analysis used to calculate and assign a program of
  530  study to a cost category must include at least both direct and
  531  indirect instructional costs, consumable supplies, equipment,
  532  and standard program length.
  533         (7) Performance funding for workforce education programs
  534  shall be contingent upon specific appropriation in the General
  535  Appropriations Act. To assist the Legislature in determining
  536  performance funding allocations, the State Board of Education
  537  shall provide the Legislature with recommended formulas,
  538  criteria, timeframes, and mechanisms for distributing
  539  performance funds no later than March 1. In its recommendation,
  540  the board shall reward programs that:
  541         (a) Prepare people to enter high-skill and high-wage
  542  occupations identified by the Workforce Estimating Conference
  543  pursuant to s. 216.136 and other programs as approved by
  544  Workforce Florida, Inc. At a minimum, performance incentives
  545  shall be calculated for adults who reach completion points or
  546  complete programs that lead to specified high-wage employment
  547  and to their placement in that employment.
  548         (b) Prepare adults who are eligible for public assistance,
  549  economically disadvantaged, disabled, not proficient in English,
  550  or dislocated workers for high-wage occupations. At a minimum,
  551  performance incentives shall be calculated at an enhanced value
  552  for the adults identified in this paragraph who complete
  553  programs of study and are placed in jobs. In addition,
  554  adjustments may be made in payments for job placements for areas
  555  of high unemployment.
  556         (c) Increase student achievement in adult general education
  557  courses by measuring performance output and performance
  558  outcomes.
  559         1. The performance output measure for an adult general
  560  education course of study is measurable improvement in student
  561  skills. This measure shall include improvement in literacy
  562  skills, grade-level improvement as measured by an approved test,
  563  or attainment of a State of Florida diploma or an adult high
  564  school diploma.
  565         2. The performance outcome measures for adult general
  566  education programs are associated with placement and retention
  567  of students after reaching a completion point or completing a
  568  program of study. These measures include placement or retention
  569  in employment. Continuing postsecondary education at a level
  570  that will further enhance employment is a performance outcome
  571  for adult general education programs.
  572         (d)(b)Award industry certifications. Performance funding
  573  for industry certifications for school district workforce
  574  education programs is contingent upon specific appropriation in
  575  the General Appropriations Act and shall be determined as
  576  follows:
  577         1. Occupational areas for which industry certifications may
  578  be earned, as established in the General Appropriations Act, are
  579  eligible for performance funding. Priority shall be given to the
  580  occupational areas emphasized in state, national, or corporate
  581  grants provided to Florida educational institutions.
  582         2. The Chancellor of Career and Adult Education shall
  583  identify the industry certifications eligible for funding on the
  584  CAPE Postsecondary Industry Certification Funding List approved
  585  by the State Board of Education pursuant to s. 1008.44, based on
  586  the occupational areas specified in the General Appropriations
  587  Act.
  588         3. Each school district shall be provided $1,000 for each
  589  industry certification earned by a workforce education student.
  590  The maximum amount of funding appropriated for performance
  591  funding pursuant to this paragraph shall be limited to $15
  592  million annually. If funds are insufficient to fully fund the
  593  calculated total award, such funds shall be prorated.
  594         (c) A program is established to assist school districts and
  595  Florida College System institutions in responding to the needs
  596  of new and expanding businesses and thereby strengthening the
  597  state’s workforce and economy. The program may be funded in the
  598  General Appropriations Act. The district or Florida College
  599  System institution shall use the program to provide customized
  600  training for businesses which satisfies the requirements of s.
  601  288.047. Business firms whose employees receive the customized
  602  training must provide 50 percent of the cost of the training.
  603  Balances remaining in the program at the end of the fiscal year
  604  shall not revert to the general fund, but shall be carried over
  605  for 1 additional year and used for the purpose of serving
  606  incumbent worker training needs of area businesses with fewer
  607  than 100 employees. Priority shall be given to businesses that
  608  must increase or upgrade their use of technology to remain
  609  competitive.
  610         (8)(7)(a) A school district or Florida College System
  611  institution that receives workforce education funds must use the
  612  money to benefit the workforce education programs it provides.
  613  The money may be used for equipment upgrades, program
  614  expansions, or any other use that would result in workforce
  615  education program improvement. The district school board or
  616  Florida College System institution board of trustees may not
  617  withhold any portion of the performance funding for indirect
  618  costs.
  619         (b) State funds provided for the operation of postsecondary
  620  workforce programs may not be expended for the education of
  621  state or federal inmates.
  622         (8) The State Board of Education and CareerSource Florida,
  623  Inc., shall provide the Legislature with recommended formulas,
  624  criteria, timeframes, and mechanisms for distributing
  625  performance funds. The commissioner shall consolidate the
  626  recommendations and develop a consensus proposal for funding.
  627  The Legislature shall adopt a formula and distribute the
  628  performance funds to the State Board of Education for Florida
  629  College System institutions and school districts through the
  630  General Appropriations Act. These recommendations shall be based
  631  on formulas that would discourage low-performing or low-demand
  632  programs and encourage through performance-funding awards:
  633         (a) Programs that prepare people to enter high-wage
  634  occupations identified by the Workforce Estimating Conference
  635  created by s. 216.136 and other programs as approved by
  636  CareerSource Florida, Inc. At a minimum, performance incentives
  637  shall be calculated for adults who reach completion points or
  638  complete programs that lead to specified high-wage employment
  639  and to their placement in that employment.
  640         (b) Programs that successfully prepare adults who are
  641  eligible for public assistance, economically disadvantaged,
  642  disabled, not proficient in English, or dislocated workers for
  643  high-wage occupations. At a minimum, performance incentives
  644  shall be calculated at an enhanced value for the completion of
  645  adults identified in this paragraph and job placement of such
  646  adults upon completion. In addition, adjustments may be made in
  647  payments for job placements for areas of high unemployment.
  648         (c) Programs that are specifically designed to be
  649  consistent with the workforce needs of private enterprise and
  650  regional economic development strategies, as defined in
  651  guidelines set by CareerSource Florida, Inc. CareerSource
  652  Florida, Inc., shall develop guidelines to identify such needs
  653  and strategies based on localized research of private employers
  654  and economic development practitioners.
  655         (d) Programs identified by CareerSource Florida, Inc., as
  656  increasing the effectiveness and cost efficiency of education.
  657         (4)(9) School districts shall report full-time equivalent
  658  students by discipline category for the programs specified in
  659  subsection (1). There shall be an annual cost analysis for the
  660  school district workforce education programs that reports cost
  661  by discipline category consistent with the reporting for full
  662  time equivalent students. The annual financial reports submitted
  663  by the school districts must accurately report on the student
  664  fee revenues by fee type according to the programs specified in
  665  subsection (1). The Department of Education shall develop a plan
  666  for comparable reporting of program, student, facility,
  667  personnel, and financial data between the Florida College System
  668  institutions and the school district workforce education
  669  programs.
  670         (9)(10) A high school student dually enrolled under s.
  671  1007.271 in a workforce education program operated by a Florida
  672  College System institution or school district career center
  673  generates the amount calculated for workforce education funding,
  674  including any payment of performance funding, and the
  675  proportional share of full-time equivalent enrollment generated
  676  through the Florida Education Finance Program for the student’s
  677  enrollment in a high school. If a high school student is dually
  678  enrolled in a Florida College System institution program,
  679  including a program conducted at a high school, the Florida
  680  College System institution earns the funds generated for
  681  workforce education funding, and the school district earns the
  682  proportional share of full-time equivalent funding from the
  683  Florida Education Finance Program. If a student is dually
  684  enrolled in a career center operated by the same district as the
  685  district in which the student attends high school, that district
  686  earns the funds generated for workforce education funding and
  687  also earns the proportional share of full-time equivalent
  688  funding from the Florida Education Finance Program. If a student
  689  is dually enrolled in a workforce education program provided by
  690  a career center operated by a different school district, the
  691  funds must be divided between the two school districts
  692  proportionally from the two funding sources. A student may not
  693  be reported for funding in a dual enrollment workforce education
  694  program unless the student has completed the basic skills
  695  assessment pursuant to s. 1004.91. A student who is coenrolled
  696  in a K-12 education program and an adult education program may
  697  be reported for purposes of funding in an adult education
  698  program. If a student is coenrolled in core curricula courses
  699  for credit recovery or dropout prevention purposes and does not
  700  have a pattern of excessive absenteeism or habitual truancy or a
  701  history of disruptive behavior in school, the student may be
  702  reported for funding for up to two courses per year. Such a
  703  student is exempt from the payment of the block tuition for
  704  adult general education programs provided in s. 1009.22(3)(c).
  705  The Department of Education shall develop a list of courses to
  706  be designated as core curricula courses for the purposes of
  707  coenrollment.
  708         (10)(11) The State Board of Education may adopt rules to
  709  administer this section.
  710         Section 16. Section 1011.802, Florida Statutes, is created
  711  to read:
  712         1011.802 Florida Apprenticeship Grant Program.
  713         (1) The Florida Apprenticeship Grant Program, or FLAG, is
  714  created to provide grants to career centers, charter technical
  715  career centers, and Florida College System institutions on a
  716  competitive basis to establish new apprenticeship programs and
  717  expand existing apprenticeship programs. The Division of Career
  718  and Adult Education within the Department of Education shall
  719  administer the FLAG Program with funding provided in the General
  720  Appropriations Act.
  721         (2) Applications from career centers, charter technical
  722  career centers, and Florida College System institutions must
  723  contain projected enrollment and projected costs for each new or
  724  expanded apprenticeship program.
  725         (3) The department shall give priority to apprenticeship
  726  programs in the areas of information technology, health, and
  727  machining and manufacturing. Grant funds may be used for
  728  instructional equipment, supplies, personnel, student services,
  729  and other expenses associated with the creation or expansion of
  730  an apprenticeship program. Grant funds may not be used for
  731  recurring instructional costs or for a center’s or an
  732  institution’s indirect costs. Grant recipients must submit
  733  quarterly reports in a format prescribed by the department.
  734         Section 17. Section 1011.803, Florida Statutes, is created
  735  to read:
  736         1011.803 Rapid Response Grant Program.—
  737         (1) The Rapid Response Grant Program is established to
  738  competitively award grants for the expansion or implementation
  739  of high-demand postsecondary programs at career centers, as
  740  defined in ss. 1001.44 and 1002.34, with funding provided in the
  741  General Appropriations Act.
  742         (2) Each career center applying for a grant must submit an
  743  application to the Department of Education in the format
  744  prescribed by the department. The application must include, but
  745  is not limited to, program expansion or development details,
  746  projected enrollment, and projected costs.
  747         (3) Each career center that is awarded a grant under this
  748  section must submit quarterly reports to the department in the
  749  format prescribed by the department. Grant funds may not be used
  750  to supplant current funds and must be used to expand enrollment
  751  in existing postsecondary programs or develop new postsecondary
  752  programs.
  753         (4) The department shall administer the program and shall
  754  conduct an annual assessment of the effectiveness of the
  755  postsecondary programs funded under this section in meeting
  756  labor market demand.
  757         Section 18. This act shall take effect July 1, 2016.