Florida Senate - 2021 CS for CS for SB 366
By the Committees on Appropriations; and Education; and Senators
Hutson, Brodeur, and Diaz
576-04230-21 2021366c2
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 that certain individuals enrolled in work-based
5 learning are deemed to be employees of the state for
6 purposes of receiving certain medically necessary care
7 under workers’ compensation coverage; amending s.
8 1007.23, F.S.; requiring that the statewide
9 articulation agreement specify three mathematics
10 pathways that meet a certain requirement upon which
11 degree-seeking students must be placed; amending s.
12 1007.263, F.S.; requiring admissions counseling to use
13 certain tests or alternative methods to measure
14 achievement of college-level communication and
15 computation by students entering college programs;
16 requiring that such counseling measure achievement of
17 certain basic skills; revising requirements for
18 admission to associate degree programs; amending s.
19 1007.271, F.S.; revising eligibility requirements for
20 initial enrollment in college-level dual enrollment
21 courses; revising requirements for home education
22 students seeking dual enrollment in certain
23 postsecondary institutions; amending s. 1008.30, F.S.;
24 requiring the State Board of Education to adopt, by a
25 specified date, rules establishing alternative methods
26 for assessing communication and computation skills of
27 certain students; authorizing Florida College System
28 institutions to use such alternative methods in lieu
29 of the common placement test to assess a student’s
30 readiness to perform college-level work in
31 communication and computation; deleting obsolete
32 provisions; requiring Florida College System
33 institutions to use placement test results or
34 alternative methods to determine the extent to which
35 certain students demonstrate sufficient communication
36 and computation skills to indicate readiness for their
37 meta-major; requiring Florida College System
38 institutions to counsel and place certain students in
39 specified college courses; limiting students’
40 developmental education to content needed for success
41 in their meta-major; conforming provisions to changes
42 made by the act; making technical changes; amending s.
43 1009.25, F.S.; authorizing the State Board of
44 Education to adopt specified rules and the Board of
45 Governors to adopt specified regulations; providing an
46 appropriation; authorizing positions; providing an
47 effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Section 446.54, Florida Statutes, is created to
52 read:
53 446.54 Work-based learning.—
54 (1) A student in grades 6 through 12 who is enrolled in a
55 course identified in the Course Code Directory which
56 incorporates a work-based learning component or an activity that
57 is unpaid and who suffers a work-related injury in the course of
58 his or her enrollment is deemed to be an employee of the state
59 for purposes of workers’ compensation coverage. Such coverage
60 applies only to medically necessary care rendered as a direct
61 result of that injury.
62 (2) An individual 18 years of age or younger who is
63 enrolled in a preapprenticeship program as defined in s. 446.021
64 which requires work-based learning and who suffers a work
65 related injury in the course of his or her enrollment is deemed
66 to be an employee of the state for purposes of workers’
67 compensation coverage. Such coverage applies only to medically
68 necessary care rendered as a direct result of that injury.
69 Section 2. Present subsections (3) through (8) of section
70 1007.23, Florida Statutes, are redesignated as subsections (4)
71 through (9), respectively, and a new subsection (3) is added to
72 that section, to read:
73 1007.23 Statewide articulation agreement.—
74 (3) To facilitate seamless transfer of credits, reduce
75 excess credit hours, and ensure students take the courses needed
76 for their future career, the articulation agreement must
77 establish three mathematics pathways for students by aligning
78 mathematics courses to programs, meta-majors, and careers. A
79 representative committee consisting of State University System
80 faculty, faculty of career centers established under s. 1001.44,
81 and Florida College System institution faculty shall collaborate
82 to identify the three mathematics pathways and the mathematics
83 course sequence within each pathway which align to the
84 mathematics skills needed for success in the corresponding
85 academic programs and careers.
86 Section 3. Subsection (1) and paragraph (a) of subsection
87 (2) of section 1007.263, Florida Statutes, are amended to read:
88 1007.263 Florida College System institutions; admissions of
89 students.—Each Florida College System institution board of
90 trustees is authorized to adopt rules governing admissions of
91 students subject to this section and rules of the State Board of
92 Education. These rules shall include the following:
93 (1) Admissions counseling shall be provided to all students
94 entering college or career credit programs. For students who are
95 not otherwise exempt from testing under s. 1008.30, counseling
96 must use the tests or alternative methods established by the
97 State Board of Education under s. 1008.30 to measure achievement
98 of college-level communication and computation competencies by
99 students entering college credit programs or tests to measure
100 achievement of basic skills for career education programs as
101 prescribed in s. 1004.91. Counseling must measure achievement of
102 basic skills for career education programs under s. 1004.91.
103 Counseling includes providing developmental education options
104 for students whose assessment results, determined under s.
105 1008.30, indicate that they need to improve communication or
106 computation skills that are essential to perform college-level
107 work.
108 (2) Admission to associate degree programs is subject to
109 minimum standards adopted by the State Board of Education and
110 shall require:
111 (a) A standard high school diploma;, a State of Florida
112 high school equivalency diploma awarded under s. 1003.435(2); a
113 high school equivalency diploma issued by another state which is
114 recognized as equivalent by State Board of Education rule and is
115 based on an assessment recognized by the United States
116 Department of Education; as prescribed in s. 1003.435,
117 previously demonstrated competency in college credit
118 postsecondary coursework;, or, in the case of a student who is
119 home educated, a signed affidavit submitted by the student’s
120 parent or legal guardian attesting that the student has
121 completed a home education program pursuant to the requirements
122 of s. 1002.41. Students who are enrolled in a dual enrollment or
123 early admission program pursuant to s. 1007.271 are exempt from
124 this requirement.
125
126 Each board of trustees shall establish policies that notify
127 students about developmental education options for improving
128 their communication or computation skills that are essential to
129 performing college-level work, including tutoring, extended time
130 in gateway courses, free online courses, adult basic education,
131 adult secondary education, or private provider instruction.
132 Section 4. Subsection (3) and paragraph (b) of subsection
133 (13) of section 1007.271, Florida Statutes, are amended to read:
134 1007.271 Dual enrollment programs.—
135 (3) Student eligibility requirements for initial enrollment
136 in college credit dual enrollment courses must include a 3.0
137 unweighted high school grade point average and a demonstrated
138 level of achievement of college-level communication and
139 computation skills as provided under s. 1008.30(1) or (2) the
140 minimum score on a common placement test adopted by the State
141 Board of Education which indicates that the student is ready for
142 college-level coursework. Student eligibility requirements for
143 continued enrollment in college credit dual enrollment courses
144 must include the maintenance of a 3.0 unweighted high school
145 grade point average and the minimum postsecondary grade point
146 average established by the postsecondary institution. Regardless
147 of meeting student eligibility requirements for continued
148 enrollment, a student may lose the opportunity to participate in
149 a dual enrollment course if the student is disruptive to the
150 learning process such that the progress of other students or the
151 efficient administration of the course is hindered. Student
152 eligibility requirements for initial and continued enrollment in
153 career certificate dual enrollment courses must include a 2.0
154 unweighted high school grade point average. Exceptions to the
155 required grade point averages may be granted on an individual
156 student basis if the educational entities agree and the terms of
157 the agreement are contained within the dual enrollment
158 articulation agreement established under pursuant to subsection
159 (21). Florida College System institution boards of trustees may
160 establish additional initial student eligibility requirements,
161 which shall be included in the dual enrollment articulation
162 agreement, to ensure student readiness for postsecondary
163 instruction. Additional requirements included in the agreement
164 may not arbitrarily prohibit students who have demonstrated the
165 ability to master advanced courses from participating in dual
166 enrollment courses or limit the number of dual enrollment
167 courses in which a student may enroll based solely upon
168 enrollment by the student at an independent postsecondary
169 institution.
170 (13)
171 (b) Each public postsecondary institution eligible to
172 participate in the dual enrollment program pursuant to s.
173 1011.62(1)(i) must enter into a home education articulation
174 agreement with each home education student seeking enrollment in
175 a dual enrollment course and the student’s parent. By August 1
176 of each year, the eligible postsecondary institution shall
177 complete and submit the home education articulation agreement to
178 the Department of Education. The home education articulation
179 agreement must include, at a minimum:
180 1. A delineation of courses and programs available to
181 dually enrolled home education students. Courses and programs
182 may be added, revised, or deleted at any time by the
183 postsecondary institution. Any course or program limitations may
184 not exceed the limitations for other dually enrolled students.
185 2. The initial and continued eligibility requirements for
186 home education student participation, not to exceed those
187 required of other dually enrolled students. A high school grade
188 point average may not be required for home education students
189 who demonstrate achievement of college-level communication and
190 computation skills as provided under s. 1008.30(1) or (2) meet
191 the minimum score on a common placement test adopted by the
192 State Board of Education which indicates that the student is
193 ready for college-level coursework; however, home education
194 student eligibility requirements for continued enrollment in
195 dual enrollment courses must include the maintenance of the
196 minimum postsecondary grade point average established by the
197 postsecondary institution.
198 3. The student’s responsibilities for providing his or her
199 own transportation.
200 4. A copy of the statement on transfer guarantees developed
201 by the Department of Education under subsection (15).
202 Section 5. Section 1008.30, Florida Statutes, is amended to
203 read:
204 1008.30 Assessing college-level communication and
205 computation skills Common placement testing for public
206 postsecondary education.—
207 (1) The State Board of Education, in conjunction with the
208 Board of Governors, shall develop and implement a common
209 placement test for the purpose of assessing the basic
210 communication and computation and communication skills of
211 students who intend to enter a degree program at any public
212 postsecondary educational institution. Alternative assessments
213 that may be accepted in lieu of the common placement test shall
214 also be identified in rule. Public postsecondary educational
215 institutions shall provide appropriate modifications of the test
216 instruments or test procedures for students with disabilities.
217 (2) By January 31, 2022, the State Board of Education shall
218 adopt rules to develop and implement alternative methods for
219 assessing the basic communication and computation skills of
220 students who intend to enter a degree program at a Florida
221 College System institution. Florida College System institutions
222 may use these alternative methods in lieu of the common
223 placement tests under subsection (1) to assess student readiness
224 for college-level work in communication and computation The
225 common placement testing program shall include the capacity to
226 diagnose basic competencies in the areas of English, reading,
227 and mathematics which are essential for success in meta-majors
228 and to provide test information to students on the specific
229 skills the student needs to attain.
230 (3) By October 31, 2013, the State Board of Education shall
231 establish by rule the test scores a student must achieve to
232 demonstrate readiness to perform college-level work, and The
233 rules adopted under subsection (2) must specify the following:
234 (a) A student who entered 9th grade in a Florida public
235 school in the 2003-2004 school year, or any year thereafter, and
236 earned a Florida standard high school diploma or a student who
237 is serving as an active duty member of any branch of the United
238 States Armed Services is shall not be required to be assessed
239 for readiness for college-level work in communication and
240 computation take the common placement test and is shall not be
241 required to enroll in developmental education instruction in a
242 Florida College System institution. However, a student who is
243 not required to be assessed for readiness for college-level work
244 in communication and computation take the common placement test
245 and is not required to enroll in developmental education under
246 this paragraph may opt to be assessed and to enroll in
247 developmental education instruction, and the college shall
248 provide such assessment and instruction upon the student’s
249 request.
250 (b) A student who is assessed for readiness for college
251 level computation and communication and whose assessment results
252 indicate takes the common placement test and whose score on the
253 test indicates a need for developmental education must be
254 advised of all the developmental education options offered at
255 the institution and, after advisement, may shall be allowed to
256 enroll in the developmental education option of his or her
257 choice.
258 (c) A student who demonstrates readiness by achieving or
259 exceeding the test scores established by the state board and
260 enrolls in a Florida College System institution within 2 years
261 after achieving such scores shall not be required to retest or
262 complete developmental education when admitted to any Florida
263 College System institution.
264 (4) By December 31, 2013, the State Board of Education, in
265 consultation with the Board of Governors, shall approve a series
266 of meta-majors and the academic pathways that identify the
267 gateway courses associated with each meta-major. Florida College
268 System institutions shall use placement test results to
269 determine the extent to which each student demonstrates
270 sufficient communication and computation skills to indicate
271 readiness for his or her chosen meta-major. Florida College
272 System institutions shall counsel students into college credit
273 courses as quickly as possible, with developmental education
274 limited to that content needed for success in the meta-major.
275 (5)(a) Each Florida College System institution board of
276 trustees shall develop a plan to implement the developmental
277 education strategies defined in s. 1008.02 and rules established
278 by the State Board of Education. The plan must be submitted to
279 the Chancellor of the Florida College System for approval no
280 later than March 1, 2014, for implementation no later than the
281 fall semester 2014. Each plan must include, at a minimum, local
282 policies that outline:
283 1. Documented student achievements such as grade point
284 averages, work history, military experience, participation in
285 juried competitions, career interests, degree major declaration,
286 or any combination of such achievements that the institution may
287 consider, in addition to common placement test scores, for
288 advising students regarding enrollment options.
289 2. Developmental education strategies available to
290 students.
291 3. A description of student costs and financial aid
292 opportunities associated with each option.
293 4. Provisions for the collection of student success data.
294 5. A comprehensive plan for advising students into
295 appropriate developmental education strategies based on student
296 success data.
297 (b) Beginning October 31, 2015, Each Florida College System
298 institution shall use placement test results or alternative
299 methods as established by the State Board of Education to
300 determine the extent to which each student demonstrates
301 sufficient communication and computation skills to indicate
302 readiness for his or her chosen meta-major. Florida College
303 System institutions shall counsel students into college credit
304 courses as quickly as possible, with developmental education
305 limited to that content needed for success in the meta-major
306 annually prepare an accountability report that includes student
307 success data relating to each developmental education strategy
308 implemented by the institution. The report shall be submitted to
309 the Division of Florida Colleges by October 31 in a format
310 determined by the Chancellor of the Florida College System. By
311 December 31, the chancellor shall compile and submit the
312 institutional reports to the Governor, the President of the
313 Senate, the Speaker of the House of Representatives, and the
314 State Board of Education.
315 (c) A university board of trustees may contract with a
316 Florida College System institution board of trustees for the
317 Florida College System institution to provide developmental
318 education on the state university campus. Any state university
319 in which the percentage of incoming students requiring
320 developmental education equals or exceeds the average percentage
321 of such students for the Florida College System may offer
322 developmental education without contracting with a Florida
323 College System institution; however, any state university
324 offering college-preparatory instruction as of January 1, 1996,
325 may continue to provide developmental education instruction as
326 defined in s. 1008.02(1).
327 (5)(6) A student may not be enrolled in a college credit
328 mathematics or English course on a dual enrollment basis unless
329 the student has demonstrated adequate precollegiate preparation
330 in on the section of the basic computation and communication and
331 computation skills assessment required pursuant to subsection
332 (1) that is appropriate for successful student participation in
333 the course.
334 Section 6. Paragraph (f) of subsection (1) of section
335 1009.25, Florida Statutes, is amended to read:
336 1009.25 Fee exemptions.—
337 (1) The following students are exempt from the payment of
338 tuition and fees, including lab fees, at a school district that
339 provides workforce education programs, Florida College System
340 institution, or state university:
341 (f) A student who lacks a fixed, regular, and adequate
342 nighttime residence or whose primary nighttime residence is a
343 public or private shelter designed to provide temporary
344 residence, a public or private transitional living program, or a
345 public or private place not designed for, or ordinarily used as,
346 a regular sleeping accommodation for human beings. This includes
347 a student who would otherwise meet the requirements of this
348 paragraph, as determined by a college or university, but for his
349 or her residence in college or university dormitory housing. The
350 State Board of Education may adopt rules and the Board of
351 Governors may adopt regulations regarding documentation and
352 procedures to implement this paragraph.
353 Section 7. For the 2021-2022 Fiscal Year, the nonrecurring
354 sum of $2 million is appropriated from the General Revenue Fund
355 to the State Risk Management Trust Fund in the Department of
356 Financial Services for workers’ compensation costs associated
357 with participants under s. 446.54, Florida Statutes. The funds
358 may not be included or combined with the premiums otherwise due
359 from the Department of Education pursuant to chapter 284,
360 Florida Statutes, but must be credited on behalf of the
361 Department of Education.
362 Section 8. For the 2021-2022 fiscal year, two full-time
363 equivalent positions with associated salary rate of 76,787 are
364 authorized, and the sums of $127,190 in recurring funds and
365 $7,790 in nonrecurring funds from the State Risk Management
366 Trust Fund are appropriated to the Department of Financial
367 Services for the purpose of implementing the workers’
368 compensation coverage provisions of this act.
369 Section 9. This act shall take effect July 1, 2021.