Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 824
       
       
       
       
       
                               Ì230384)Î230384                          
       
       576-04134-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to the dual enrollment program;
    3         amending s. 1002.41, F.S.; authorizing a school
    4         district to provide exceptional student education
    5         related services to certain home education program
    6         students; requiring reporting and funding through the
    7         Florida Education Finance Program; amending s.
    8         1007.271, F.S.; exempting dual enrollment students
    9         from paying technology fees; requiring a home
   10         education secondary student to be responsible for his
   11         or her own instructional materials and transportation
   12         in order to participate in the dual enrollment program
   13         unless the articulation agreement provides otherwise;
   14         prohibiting dual enrollment course and program
   15         limitations for home education students from exceeding
   16         limitations for other students; providing an exemption
   17         from the grade point average requirement for initial
   18         enrollment in a dual enrollment program for certain
   19         home education students; requiring a postsecondary
   20         institution eligible to participate in the dual
   21         enrollment program to enter into a home education
   22         articulation agreement; requiring the postsecondary
   23         institution to annually complete and submit the
   24         agreement to the Department of Education by a
   25         specified date; conforming provisions to changes made
   26         by the act; authorizing certain instructional
   27         materials to be made available free of charge to dual
   28         enrollment students in home education programs and
   29         private schools if provided for in the articulation
   30         agreement; requiring the department to review dual
   31         enrollment articulation agreements submitted for
   32         certain students, including home education students
   33         and private school students, to participate in a dual
   34         enrollment program; requiring the Commissioner of
   35         Education to notify the district school board
   36         superintendent and the president of the postsecondary
   37         institution if the dual enrollment articulation
   38         agreement does not comply with statutory requirements;
   39         requiring a district school board and a Florida
   40         College System institution to annually complete and
   41         submit to the department by a specified date a dual
   42         enrollment articulation agreement with a state
   43         university or an eligible independent college or
   44         university, as applicable; providing requirements for
   45         a private school student to participate in a dual
   46         enrollment program; requiring a postsecondary
   47         institution eligible to participate in the dual
   48         enrollment program to enter into an articulation
   49         agreement with certain eligible private schools;
   50         requiring the postsecondary institution to annually
   51         complete and submit the articulation agreement to the
   52         department by a specified date; providing requirements
   53         for the articulation agreement; providing for funding
   54         for each dual enrollment course taken by certain
   55         students; amending ss. 1002.20 and 1011.62, F.S.;
   56         conforming provisions to changes made by the act;
   57         providing an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (9) of section 1002.41, Florida
   62  Statutes, is amended, and subsections (10) is added to that
   63  section, to read:
   64         1002.41 Home education programs.—
   65         (9) Home education program students may receive Testing and
   66  evaluation services at diagnostic and resource centers shall be
   67  available to home education program students, in accordance with
   68  the provisions of s. 1006.03.
   69         (10)A school district may provide exceptional student
   70  education-related services, as defined in State Board of
   71  Education rule, to a home education program student with a
   72  disability who is eligible for the services and who enrolls in a
   73  public school solely for the purpose of receiving those related
   74  services. The school district providing the services shall
   75  report each student as a full-time equivalent student in the
   76  class and in a manner prescribed by the Department of Education,
   77  and funding shall be provided through the Florida Education
   78  Finance Program pursuant to s. 1011.62.
   79         Section 2. Subsections (2), (10), (11), (13), (16), (17),
   80  (22), (23), and (24) of section 1007.271, Florida Statutes, are
   81  amended, and subsection (25) is added to that section, to read:
   82         1007.271 Dual enrollment programs.—
   83         (2) For the purpose of this section, an eligible secondary
   84  student is a student who is enrolled in any of grades 6 through
   85  12 in a Florida public school or in a Florida private school
   86  that is in compliance with s. 1002.42(2) and provides a
   87  secondary curriculum pursuant to s. 1003.4282. A student
   88  Students who is are eligible for dual enrollment pursuant to
   89  this section may enroll in dual enrollment courses conducted
   90  during school hours, after school hours, and during the summer
   91  term. However, if the student is projected to graduate from high
   92  school before the scheduled completion date of a postsecondary
   93  course, the student may not register for that course through
   94  dual enrollment. The student may apply to the postsecondary
   95  institution and pay the required registration, tuition, and fees
   96  if the student meets the postsecondary institution’s admissions
   97  requirements under s. 1007.263. Instructional time for dual
   98  enrollment may vary from 900 hours; however, the full-time
   99  equivalent student membership value is shall be subject to the
  100  provisions in s. 1011.61(4). A student enrolled as a dual
  101  enrollment student is exempt from the payment of registration,
  102  tuition, technology, and laboratory fees. Applied academics for
  103  adult education instruction, developmental education, and other
  104  forms of precollegiate instruction, as well as physical
  105  education courses that focus on the physical execution of a
  106  skill, rather than the intellectual attributes of the activity,
  107  are ineligible for inclusion in the dual enrollment program.
  108  Recreation and leisure studies courses shall be evaluated
  109  individually in the same manner as physical education courses
  110  for potential inclusion in the program.
  111         (10) Early admission is a form of dual enrollment through
  112  which an eligible secondary student enrolls students enroll in a
  113  postsecondary institution on a full-time basis in courses that
  114  are creditable toward the high school diploma and the associate
  115  or baccalaureate degree. A student must enroll in a minimum of
  116  12 college credit hours per semester or the equivalent to
  117  participate in the early admission program; however, a student
  118  may not be required to enroll in more than 15 college credit
  119  hours per semester or the equivalent. A student Students
  120  enrolled pursuant to this subsection is are exempt from the
  121  payment of registration, tuition, technology, and laboratory
  122  fees.
  123         (11) Career early admission is a form of career dual
  124  enrollment through which an eligible secondary student enrolls
  125  students enroll full time in a career center or a Florida
  126  College System institution in postsecondary programs leading to
  127  industry certifications, as listed in the CAPE Postsecondary
  128  Industry Certification Funding List pursuant to s. 1008.44,
  129  which are creditable toward the high school diploma and the
  130  certificate or associate degree. Participation in the career
  131  early admission program is limited to students who have
  132  completed a minimum of 4 semesters of full-time secondary
  133  enrollment, including studies undertaken in the ninth grade 9. A
  134  student Students enrolled pursuant to this section is are exempt
  135  from the payment of registration, tuition, technology, and
  136  laboratory fees.
  137         (13)(a) The dual enrollment program for a home education
  138  student students consists of the enrollment of an eligible home
  139  education secondary student in a postsecondary course creditable
  140  toward an associate degree, a career certificate, or a
  141  baccalaureate degree. To participate in the dual enrollment
  142  program, an eligible home education secondary student must:
  143         1. Provide proof of enrollment in a home education program
  144  pursuant to s. 1002.41.
  145         2. Be responsible for his or her own instructional
  146  materials and transportation unless provided for in the
  147  articulation agreement otherwise.
  148         3. Sign a home education articulation agreement pursuant to
  149  paragraph (b).
  150         (b) Each postsecondary institution eligible to participate
  151  in the dual enrollment program pursuant to s. 1011.62(1)(i) must
  152  shall enter into a home education articulation agreement with
  153  each home education student seeking enrollment in a dual
  154  enrollment course and the student’s parent. By August 1 of each
  155  year, the eligible postsecondary institution shall complete and
  156  submit the home education articulation agreement to the
  157  Department of Education. The home education articulation
  158  agreement must shall include, at a minimum:
  159         1. A delineation of courses and programs available to a
  160  dually enrolled home education student who participates in a
  161  dual enrollment program students. The postsecondary institution
  162  may add, revise, or delete courses and programs may be added,
  163  revised, or deleted at any time by the postsecondary
  164  institution. Any course or program limitations may not exceed
  165  the limitations for other dually enrolled students within a
  166  district.
  167         2. The initial and continued eligibility requirements for
  168  home education student participation, not to exceed those
  169  required of other dual enrollment dually enrolled students. A
  170  high school grade point average may not be required for home
  171  education students who meet the minimum score on a common
  172  placement test adopted by the State Board of Education which
  173  indicates that the student is ready for college-level
  174  coursework; however, home education student eligibility
  175  requirements for continued enrollment in college credit dual
  176  enrollment courses must include the maintenance of the minimum
  177  postsecondary grade point average established by the
  178  postsecondary institution.
  179         3. A provision expressing whether the postsecondary
  180  institution or the student is responsible The student’s
  181  responsibilities for providing his or her own instructional
  182  materials and transportation.
  183         4. A copy of the statement on transfer guarantees developed
  184  by the Department of Education under subsection (15).
  185         (16) A public school, a private school, or a home education
  186  program student Students who meets meet the eligibility
  187  requirements of this section and who chooses choose to
  188  participate in dual enrollment programs is are exempt from the
  189  payment of registration, tuition, technology, and laboratory
  190  fees.
  191         (17) Instructional materials assigned for use in within
  192  dual enrollment courses shall be made available to dual
  193  enrollment students from Florida public high schools free of
  194  charge. This subsection does not prohibit a postsecondary
  195  Florida College System institution from providing instructional
  196  materials at no cost to a home education student or student from
  197  a private school, if provided for in the articulation agreement.
  198  Instructional materials purchased by a district school board or
  199  Florida College System institution board of trustees on behalf
  200  of dual enrollment students are shall be the property of the
  201  board against which the purchase is charged.
  202         (22) The Department of Education shall develop an
  203  electronic submission system for dual enrollment articulation
  204  agreements and shall review, for compliance, each dual
  205  enrollment articulation agreement submitted pursuant to
  206  subsections (13), subsection (21), and (24). The Commissioner of
  207  Education shall notify the district school superintendent and
  208  the president of the postsecondary institution that is eligible
  209  to participate in the dual enrollment program pursuant to s.
  210  1011.62(1)(i) Florida College System institution president if
  211  the dual enrollment articulation agreement does not comply with
  212  statutory requirements and shall submit any dual enrollment
  213  articulation agreement with unresolved issues of noncompliance
  214  to the State Board of Education.
  215         (23) A district school board boards and a Florida College
  216  System institution institutions may enter into an additional
  217  dual enrollment articulation agreement agreements with a state
  218  university universities for the purposes of this section. A
  219  school district districts may also enter into a dual enrollment
  220  articulation agreement agreements with an eligible independent
  221  college or university colleges and universities pursuant to s.
  222  1011.62(1)(i). By August 1 of each year, the district school
  223  board and the Florida College System institution shall complete
  224  and submit the dual enrollment articulation agreement with the
  225  state university or an eligible independent college or
  226  university, as applicable, to the Department of Education.
  227         (24)(a) The dual enrollment program for a private school
  228  student consists of the enrollment of an eligible private school
  229  student in a postsecondary course creditable toward an associate
  230  degree, a career certificate, or a baccalaureate degree. In
  231  addition, the private school in which the student is enrolled
  232  must award credit toward high school completion for the
  233  postsecondary course under the dual enrollment program. To
  234  participate in the dual enrollment program, an eligible private
  235  school student must:
  236         1. Provide proof of enrollment in a private school pursuant
  237  to subsection (2).
  238         2. Be responsible for his or her own instructional
  239  materials and transportation unless provided for in the
  240  articulation agreement.
  241         3. Sign a private school articulation agreement pursuant to
  242  paragraph (b).
  243         (b) Each postsecondary institution eligible to participate
  244  in the dual enrollment program pursuant to s. 1011.62(1)(i) must
  245  enter into a private school articulation agreement with each
  246  eligible private school in its geographic service area seeking
  247  to offer dual enrollment courses to its students. By August 1 of
  248  each year, the eligible postsecondary institution shall complete
  249  and submit the private school articulation agreement to the
  250  Department of Education. The articulation agreement must
  251  include, at a minimum:
  252         1. A delineation of courses and programs available to the
  253  private school. The postsecondary institution may add, revise,
  254  or delete courses and programs at any time.
  255         2. The initial and continued eligibility requirements for
  256  private school student participation, not to exceed those
  257  required of other dual enrollment students.
  258         3. A provision expressing whether the private school, the
  259  postsecondary institution, or the student is responsible for
  260  providing instructional materials and transportation.
  261         4. A provision clarifying that the private school will
  262  award appropriate credit toward high school completion for the
  263  postsecondary course under the dual enrollment program.
  264         5. A provision expressing that costs associated with
  265  tuition and fees, including technology, registration, and
  266  laboratory fees, will not be passed along to the student.
  267         6. A provision stating whether the private school will
  268  compensate the postsecondary institution for the standard
  269  tuition rate per credit hour for each dual enrollment course
  270  taken by its students or the postsecondary institution will seek
  271  compensation pursuant to subsection (25).
  272         7.A copy of the statement on transfer guarantees developed
  273  by the Department of Education under subsection (15)
  274  Postsecondary institutions may enter into dual enrollment
  275  articulation agreements with private secondary schools pursuant
  276  to subsection (2).
  277         (25) Subject to annual appropriation in the General
  278  Appropriations Act, a public postsecondary institution shall
  279  receive an amount of funding equivalent to the standard tuition
  280  rate per credit hour for each dual enrollment course taken by a
  281  private school student pursuant to subsection (24) during the
  282  prior academic year, except for any students for whom the
  283  postsecondary institution is otherwise compensated at the
  284  standard tuition rate per credit hour.
  285         Section 3. Paragraph (d) of subsection (19) of section
  286  1002.20, Florida Statutes, is amended to read:
  287         1002.20 K-12 student and parent rights.—Parents of public
  288  school students must receive accurate and timely information
  289  regarding their child’s academic progress and must be informed
  290  of ways they can help their child to succeed in school. K-12
  291  students and their parents are afforded numerous statutory
  292  rights including, but not limited to, the following:
  293         (19) INSTRUCTIONAL MATERIALS.—
  294         (d) Dual enrollment students.—Instructional materials
  295  purchased by a district school board or Florida College System
  296  institution board of trustees on behalf of public school dual
  297  enrollment students shall be made available free of charge to
  298  the dual enrollment students free of charge, in accordance with
  299  s. 1007.271(17).
  300         Section 4. Paragraph (i) of subsection (1) of section
  301  1011.62, Florida Statutes, is amended to read:
  302         1011.62 Funds for operation of schools.—If the annual
  303  allocation from the Florida Education Finance Program to each
  304  district for operation of schools is not determined in the
  305  annual appropriations act or the substantive bill implementing
  306  the annual appropriations act, it shall be determined as
  307  follows:
  308         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  309  OPERATION.—The following procedure shall be followed in
  310  determining the annual allocation to each district for
  311  operation:
  312         (i) Calculation of full-time equivalent membership with
  313  respect to dual enrollment instruction.—Students enrolled in
  314  dual enrollment instruction pursuant to s. 1007.271 may be
  315  included in calculations of full-time equivalent student
  316  memberships for basic programs for grades 9 through 12 by a
  317  district school board. Instructional time for dual enrollment
  318  may vary from 900 hours; however, the full-time equivalent
  319  student membership value shall be subject to the provisions in
  320  s. 1011.61(4). Dual enrollment full-time equivalent student
  321  membership shall be calculated in an amount equal to the hours
  322  of instruction that would be necessary to earn the full-time
  323  equivalent student membership for an equivalent course if it
  324  were taught in the school district. Students in dual enrollment
  325  courses may also be calculated as the proportional shares of
  326  full-time equivalent enrollments they generate for a Florida
  327  College System institution or university conducting the dual
  328  enrollment instruction. Early admission students shall be
  329  considered dual enrollments for funding purposes. Students may
  330  be enrolled in dual enrollment instruction provided by an
  331  eligible independent college or university and may be included
  332  in calculations of full-time equivalent student memberships for
  333  basic programs for grades 9 through 12 by a district school
  334  board. However, those provisions of law which exempt dual
  335  enrollment students enrolled and early admission students from
  336  payment of instructional materials and tuition and fees,
  337  including registration, technology, and laboratory fees, do
  338  shall not apply to students who select the option of enrolling
  339  in an eligible independent institution. An independent college
  340  or university that which is located and chartered in Florida, is
  341  not for profit, is accredited by the Commission on Colleges of
  342  the Southern Association of Colleges and Schools or the
  343  Accrediting Council for Independent Colleges and Schools, and
  344  confers degrees as defined in s. 1005.02 is shall be eligible
  345  for inclusion in the dual enrollment or early admission program.
  346  Students enrolled in dual enrollment instruction are shall be
  347  exempt from the payment of tuition and fees, including
  348  registration, technology, and laboratory fees. A No student
  349  enrolled in college credit mathematics or English dual
  350  enrollment instruction may not shall be funded as a dual
  351  enrollment unless the student has successfully completed the
  352  relevant section of the entry-level examination required
  353  pursuant to s. 1008.30.
  354         Section 5. This act shall take effect July 1, 2016.