Florida Senate - 2021              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 366
       
       
       
       
       
                               Ì441292%Î441292                          
       
       576-03910-21                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to educational opportunities leading
    3         to employment; creating s. 446.54, F.S.; providing
    4         legislative intent; defining the term “work-based
    5         learning”; providing that certain individuals enrolled
    6         in work-based learning are deemed to be employees of
    7         the state for purposes of receiving certain medically
    8         necessary care under workers’ compensation coverage;
    9         amending s. 1007.23, F.S.; requiring that the
   10         statewide articulation agreement specify three
   11         mathematics pathways that meet a certain requirement
   12         upon which degree-seeking students must be placed;
   13         amending s. 1007.263, F.S.; requiring admissions
   14         counseling to use certain tests or alternative methods
   15         to measure achievement of college-level communication
   16         and computation by students entering college programs;
   17         requiring that such counseling measure achievement of
   18         certain basic skills; revising requirements for
   19         admission to associate degree programs; amending s.
   20         1007.271, F.S.; revising eligibility requirements for
   21         initial enrollment in college-level dual enrollment
   22         courses; revising requirements for home education
   23         students seeking dual enrollment in certain
   24         postsecondary institutions; amending s. 1008.30, F.S.;
   25         requiring the State Board of Education to adopt, by a
   26         specified date, rules establishing alternative methods
   27         for assessing communication and computation skills of
   28         certain students; authorizing Florida College System
   29         institutions to use such alternative methods in lieu
   30         of the common placement test to assess a student’s
   31         readiness to perform college-level work in
   32         communication and computation; deleting obsolete
   33         provisions; requiring Florida College System
   34         institutions to use placement test results or
   35         alternative methods to determine the extent to which
   36         certain students demonstrate sufficient communication
   37         and computation skills to indicate readiness for their
   38         meta-major; requiring Florida College System
   39         institutions to counsel and place certain students in
   40         specified college courses; limiting students’
   41         developmental education to content needed for success
   42         in their meta-major; conforming provisions to changes
   43         made by the act; making technical changes; amending s.
   44         1009.25, F.S.; authorizing the State Board of
   45         Education to adopt specified rules and the Board of
   46         Governors to adopt specified regulations; providing an
   47         appropriation; authorizing positions; providing an
   48         effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Section 446.54, Florida Statutes, is created to
   53  read:
   54         446.54 Work-based learning.—
   55         (1)It is the intent of the Legislature that, to the extent
   56  possible, school districts place students in paid work
   57  experiences, including apprenticeships and preapprenticeships,
   58  for purposes of educational training and work-based learning.
   59         (2)For purposes of this section, “work-based learning”
   60  includes “on-the-job training” as defined in s. 446.021(7) and
   61  means sustained interactions with industry or community
   62  professionals in off-campus workplace settings that foster in
   63  depth firsthand engagement with the tasks required in a given
   64  career or field and are aligned to curriculum and instruction.
   65         (3)(a)A student in grades 6 through 12 who is enrolled in
   66  a course identified in the Course Code Directory which
   67  incorporates a work-based learning component or an activity that
   68  is unpaid and who suffers a work-related injury in the course of
   69  his or her enrollment is deemed to be an employee of the state
   70  for purposes of workers’ compensation coverage. Such coverage
   71  applies only to medically necessary care rendered as a direct
   72  result of that injury.
   73         (b)An individual 18 years of age or younger who is
   74  enrolled in a preapprenticeship program as defined in s. 446.021
   75  which requires work-based learning and who suffers a work
   76  related injury in the course of his or her enrollment is deemed
   77  to be an employee of the state for purposes of workers’
   78  compensation coverage. Such coverage applies only to medically
   79  necessary care rendered as a direct result of that injury.
   80         Section 2. Present subsections (3) through (8) of section
   81  1007.23, Florida Statutes, are redesignated as subsections (4)
   82  through (9), respectively, and a new subsection (3) is added to
   83  that section, to read:
   84         1007.23 Statewide articulation agreement.—
   85         (3) To facilitate seamless transfer of credits, reduce
   86  excess credit hours, and ensure students are taking the courses
   87  needed for their future career, the articulation agreement must
   88  establish three mathematics pathways for students by aligning
   89  mathematics courses to programs, meta-majors, and careers. A
   90  representative committee consisting of State University System
   91  faculty, faculty of career centers established under s. 1001.44,
   92  and Florida College System institution faculty shall collaborate
   93  to identify the three mathematics pathways and the mathematics
   94  course sequence within each pathway which align to the
   95  mathematics skills needed for success in the corresponding
   96  academic programs and careers.
   97         Section 3. Subsection (1) and paragraph (a) of subsection
   98  (2) of section 1007.263, Florida Statutes, are amended to read:
   99         1007.263 Florida College System institutions; admissions of
  100  students.—Each Florida College System institution board of
  101  trustees is authorized to adopt rules governing admissions of
  102  students subject to this section and rules of the State Board of
  103  Education. These rules shall include the following:
  104         (1) Admissions counseling shall be provided to all students
  105  entering college or career credit programs. For students who are
  106  not otherwise exempt from testing under s. 1008.30, counseling
  107  must use the tests or alternative methods established by the
  108  State Board of Education under s. 1008.30 to measure achievement
  109  of college-level communication and computation competencies by
  110  students entering college credit programs or tests to measure
  111  achievement of basic skills for career education programs as
  112  prescribed in s. 1004.91. Counseling must measure achievement of
  113  basic skills for career education programs under s. 1004.91.
  114  Counseling includes providing developmental education options
  115  for students whose assessment results, determined under s.
  116  1008.30, indicate that they need to improve communication or
  117  computation skills that are essential to perform college-level
  118  work.
  119         (2) Admission to associate degree programs is subject to
  120  minimum standards adopted by the State Board of Education and
  121  shall require:
  122         (a) A standard high school diploma;, a State of Florida
  123  high school equivalency diploma awarded under s. 1003.435(2); a
  124  high school equivalency diploma issued by another state which is
  125  recognized as equivalent by State Board of Education rule and is
  126  based on an assessment recognized by the United States
  127  Department of Education; as prescribed in s. 1003.435,
  128  previously demonstrated competency in college credit
  129  postsecondary coursework;, or, in the case of a student who is
  130  home educated, a signed affidavit submitted by the student’s
  131  parent or legal guardian attesting that the student has
  132  completed a home education program pursuant to the requirements
  133  of s. 1002.41. Students who are enrolled in a dual enrollment or
  134  early admission program pursuant to s. 1007.271 are exempt from
  135  this requirement.
  136  
  137  Each board of trustees shall establish policies that notify
  138  students about developmental education options for improving
  139  their communication or computation skills that are essential to
  140  performing college-level work, including tutoring, extended time
  141  in gateway courses, free online courses, adult basic education,
  142  adult secondary education, or private provider instruction.
  143         Section 4. Subsection (3) and paragraph (b) of subsection
  144  (13) of section 1007.271, Florida Statutes, are amended to read:
  145         1007.271 Dual enrollment programs.—
  146         (3) Student eligibility requirements for initial enrollment
  147  in college credit dual enrollment courses must include a 3.0
  148  unweighted high school grade point average and a demonstrated
  149  level of achievement of college-level communication and
  150  computation skills as provided under s. 1008.30(1) or (2) the
  151  minimum score on a common placement test adopted by the State
  152  Board of Education which indicates that the student is ready for
  153  college-level coursework. Student eligibility requirements for
  154  continued enrollment in college credit dual enrollment courses
  155  must include the maintenance of a 3.0 unweighted high school
  156  grade point average and the minimum postsecondary grade point
  157  average established by the postsecondary institution. Regardless
  158  of meeting student eligibility requirements for continued
  159  enrollment, a student may lose the opportunity to participate in
  160  a dual enrollment course if the student is disruptive to the
  161  learning process such that the progress of other students or the
  162  efficient administration of the course is hindered. Student
  163  eligibility requirements for initial and continued enrollment in
  164  career certificate dual enrollment courses must include a 2.0
  165  unweighted high school grade point average. Exceptions to the
  166  required grade point averages may be granted on an individual
  167  student basis if the educational entities agree and the terms of
  168  the agreement are contained within the dual enrollment
  169  articulation agreement established under pursuant to subsection
  170  (21). Florida College System institution boards of trustees may
  171  establish additional initial student eligibility requirements,
  172  which shall be included in the dual enrollment articulation
  173  agreement, to ensure student readiness for postsecondary
  174  instruction. Additional requirements included in the agreement
  175  may not arbitrarily prohibit students who have demonstrated the
  176  ability to master advanced courses from participating in dual
  177  enrollment courses or limit the number of dual enrollment
  178  courses in which a student may enroll based solely upon
  179  enrollment by the student at an independent postsecondary
  180  institution.
  181         (13)
  182         (b) Each public postsecondary institution eligible to
  183  participate in the dual enrollment program pursuant to s.
  184  1011.62(1)(i) must enter into a home education articulation
  185  agreement with each home education student seeking enrollment in
  186  a dual enrollment course and the student’s parent. By August 1
  187  of each year, the eligible postsecondary institution shall
  188  complete and submit the home education articulation agreement to
  189  the Department of Education. The home education articulation
  190  agreement must include, at a minimum:
  191         1. A delineation of courses and programs available to
  192  dually enrolled home education students. Courses and programs
  193  may be added, revised, or deleted at any time by the
  194  postsecondary institution. Any course or program limitations may
  195  not exceed the limitations for other dually enrolled students.
  196         2. The initial and continued eligibility requirements for
  197  home education student participation, not to exceed those
  198  required of other dually enrolled students. A high school grade
  199  point average may not be required for home education students
  200  who demonstrate achievement of college-level communication and
  201  computation skills as provided under s. 1008.30(1) or (2) meet
  202  the minimum score on a common placement test adopted by the
  203  State Board of Education which indicates that the student is
  204  ready for college-level coursework; however, home education
  205  student eligibility requirements for continued enrollment in
  206  dual enrollment courses must include the maintenance of the
  207  minimum postsecondary grade point average established by the
  208  postsecondary institution.
  209         3. The student’s responsibilities for providing his or her
  210  own transportation.
  211         4. A copy of the statement on transfer guarantees developed
  212  by the Department of Education under subsection (15).
  213         Section 5. Section 1008.30, Florida Statutes, is amended to
  214  read:
  215         1008.30 Assessing college-level communication and
  216  computation skills Common placement testing for public
  217  postsecondary education.—
  218         (1) The State Board of Education, in conjunction with the
  219  Board of Governors, shall develop and implement a common
  220  placement test for the purpose of assessing the basic
  221  communication and computation and communication skills of
  222  students who intend to enter a degree program at any public
  223  postsecondary educational institution. Alternative assessments
  224  that may be accepted in lieu of the common placement test shall
  225  also be identified in rule. Public postsecondary educational
  226  institutions shall provide appropriate modifications of the test
  227  instruments or test procedures for students with disabilities.
  228         (2) By January 31, 2022, the State Board of Education shall
  229  adopt rules to develop and implement alternative methods for
  230  assessing the basic communication and computation skills of
  231  students who intend to enter a degree program at a Florida
  232  College System institution. Florida College System institutions
  233  may use these alternative methods in lieu of the common
  234  placement tests under subsection (1) to assess student readiness
  235  for college-level work in communication and computation The
  236  common placement testing program shall include the capacity to
  237  diagnose basic competencies in the areas of English, reading,
  238  and mathematics which are essential for success in meta-majors
  239  and to provide test information to students on the specific
  240  skills the student needs to attain.
  241         (3) By October 31, 2013, the State Board of Education shall
  242  establish by rule the test scores a student must achieve to
  243  demonstrate readiness to perform college-level work, and The
  244  rules adopted under subsection (2) must specify the following:
  245         (a) A student who entered 9th grade in a Florida public
  246  school in the 2003-2004 school year, or any year thereafter, and
  247  earned a Florida standard high school diploma or a student who
  248  is serving as an active duty member of any branch of the United
  249  States Armed Services is shall not be required to be assessed
  250  for readiness for college-level work in communication and
  251  computation take the common placement test and is shall not be
  252  required to enroll in developmental education instruction in a
  253  Florida College System institution. However, a student who is
  254  not required to be assessed for readiness for college-level work
  255  in communication and computation take the common placement test
  256  and is not required to enroll in developmental education under
  257  this paragraph may opt to be assessed and to enroll in
  258  developmental education instruction, and the college shall
  259  provide such assessment and instruction upon the student’s
  260  request.
  261         (b) A student who is assessed for readiness for college
  262  level computation and communication and whose assessment results
  263  indicate takes the common placement test and whose score on the
  264  test indicates a need for developmental education must be
  265  advised of all the developmental education options offered at
  266  the institution and, after advisement, may shall be allowed to
  267  enroll in the developmental education option of his or her
  268  choice.
  269         (c) A student who demonstrates readiness by achieving or
  270  exceeding the test scores established by the state board and
  271  enrolls in a Florida College System institution within 2 years
  272  after achieving such scores shall not be required to retest or
  273  complete developmental education when admitted to any Florida
  274  College System institution.
  275         (4) By December 31, 2013, the State Board of Education, in
  276  consultation with the Board of Governors, shall approve a series
  277  of meta-majors and the academic pathways that identify the
  278  gateway courses associated with each meta-major. Florida College
  279  System institutions shall use placement test results to
  280  determine the extent to which each student demonstrates
  281  sufficient communication and computation skills to indicate
  282  readiness for his or her chosen meta-major. Florida College
  283  System institutions shall counsel students into college credit
  284  courses as quickly as possible, with developmental education
  285  limited to that content needed for success in the meta-major.
  286         (5)(a) Each Florida College System institution board of
  287  trustees shall develop a plan to implement the developmental
  288  education strategies defined in s. 1008.02 and rules established
  289  by the State Board of Education. The plan must be submitted to
  290  the Chancellor of the Florida College System for approval no
  291  later than March 1, 2014, for implementation no later than the
  292  fall semester 2014. Each plan must include, at a minimum, local
  293  policies that outline:
  294         1. Documented student achievements such as grade point
  295  averages, work history, military experience, participation in
  296  juried competitions, career interests, degree major declaration,
  297  or any combination of such achievements that the institution may
  298  consider, in addition to common placement test scores, for
  299  advising students regarding enrollment options.
  300         2. Developmental education strategies available to
  301  students.
  302         3. A description of student costs and financial aid
  303  opportunities associated with each option.
  304         4. Provisions for the collection of student success data.
  305         5. A comprehensive plan for advising students into
  306  appropriate developmental education strategies based on student
  307  success data.
  308         (b) Beginning October 31, 2015, Each Florida College System
  309  institution shall use placement test results or alternative
  310  methods as established by the State Board of Education to
  311  determine the extent to which each student demonstrates
  312  sufficient communication and computation skills to indicate
  313  readiness for his or her chosen meta-major. Florida College
  314  System institutions shall counsel students into college credit
  315  courses as quickly as possible, with developmental education
  316  limited to that content needed for success in the meta-major
  317  annually prepare an accountability report that includes student
  318  success data relating to each developmental education strategy
  319  implemented by the institution. The report shall be submitted to
  320  the Division of Florida Colleges by October 31 in a format
  321  determined by the Chancellor of the Florida College System. By
  322  December 31, the chancellor shall compile and submit the
  323  institutional reports to the Governor, the President of the
  324  Senate, the Speaker of the House of Representatives, and the
  325  State Board of Education.
  326         (c) A university board of trustees may contract with a
  327  Florida College System institution board of trustees for the
  328  Florida College System institution to provide developmental
  329  education on the state university campus. Any state university
  330  in which the percentage of incoming students requiring
  331  developmental education equals or exceeds the average percentage
  332  of such students for the Florida College System may offer
  333  developmental education without contracting with a Florida
  334  College System institution; however, any state university
  335  offering college-preparatory instruction as of January 1, 1996,
  336  may continue to provide developmental education instruction as
  337  defined in s. 1008.02(1).
  338         (5)(6) A student may not be enrolled in a college credit
  339  mathematics or English course on a dual enrollment basis unless
  340  the student has demonstrated adequate precollegiate preparation
  341  in on the section of the basic computation and communication and
  342  computation skills assessment required pursuant to subsection
  343  (1) that is appropriate for successful student participation in
  344  the course.
  345         Section 6. Paragraph (f) of subsection (1) of section
  346  1009.25, Florida Statutes, is amended to read:
  347         1009.25 Fee exemptions.—
  348         (1) The following students are exempt from the payment of
  349  tuition and fees, including lab fees, at a school district that
  350  provides workforce education programs, Florida College System
  351  institution, or state university:
  352         (f) A student who lacks a fixed, regular, and adequate
  353  nighttime residence or whose primary nighttime residence is a
  354  public or private shelter designed to provide temporary
  355  residence, a public or private transitional living program, or a
  356  public or private place not designed for, or ordinarily used as,
  357  a regular sleeping accommodation for human beings. This includes
  358  a student who would otherwise meet the requirements of this
  359  paragraph, as determined by a college or university, but for his
  360  or her residence in college or university dormitory housing. The
  361  State Board of Education may adopt rules and the Board of
  362  Governors may adopt regulations regarding documentation and
  363  procedures to implement this paragraph.
  364         Section 7. For the 2021-2022 Fiscal Year, the nonrecurring
  365  sum of $2 million is appropriated from the General Revenue Fund
  366  to the State Risk Management Trust Fund in the Department of
  367  Financial Services for workers compensation costs associated
  368  with participants under s. 446.54, Florida Statutes. The funds
  369  may not be included or combined with the premiums otherwise due
  370  from the Department of Education pursuant to chapter 284,
  371  Florida Statutes, but must be credited on behalf of the
  372  Department of Education.
  373         Section 8. For the 2021-2022 fiscal year, two full-time
  374  equivalent positions with associated salary rate of 76,787 are
  375  authorized, and the sums of $127,190 in recurring funds and
  376  $7,790 in nonrecurring funds from the State Risk Management
  377  Trust Fund are appropriated to the Department of Financial
  378  Services for the purpose of implementing the workers’
  379  compensation coverage provisions of this act.
  380         Section 9. This act shall take effect July 1, 2021.