CS for CS for SB 366                             First Engrossed
       
       
       
       
       
       
       
       
       2021366e1
       
    1                        A bill to be entitled                      
    2         An act relating to educational opportunities leading
    3         to employment; amending s. 445.06, F.S.; renaming the
    4         Florida Ready to Work Certification Program as the
    5         Florida Ready to Work Credential Program; providing
    6         where the program training may be conducted; providing
    7         the components of the program; requiring, rather than
    8         authorizing, the Department of Economic Opportunity,
    9         in consultation with the Department of Education, to
   10         adopt rules for the program; creating s. 446.54, F.S.;
   11         providing that certain individuals enrolled in work
   12         based learning are deemed to be employees of the state
   13         for purposes of workers’ compensation coverage;
   14         amending s. 1007.23, F.S.; requiring that the
   15         statewide articulation agreement specify three
   16         mathematics pathways that meet a certain requirement
   17         upon which degree-seeking students must be placed;
   18         amending s. 1007.263, F.S.; requiring admissions
   19         counseling to use certain tests or alternative methods
   20         to measure achievement of college-level communication
   21         and computation by students entering college programs;
   22         requiring that such counseling measure achievement of
   23         certain basic skills; revising requirements for
   24         admission to associate degree programs; amending s.
   25         1007.271, F.S.; revising eligibility requirements for
   26         initial enrollment in college-level dual enrollment
   27         courses; revising requirements for home education
   28         students seeking dual enrollment in certain
   29         postsecondary institutions; amending s. 1008.30, F.S.;
   30         requiring the State Board of Education to adopt, by a
   31         specified date, rules establishing alternative methods
   32         for assessing communication and computation skills of
   33         certain students; authorizing Florida College System
   34         institutions to use such alternative methods in lieu
   35         of the common placement test to assess a student’s
   36         readiness to perform college-level work in
   37         communication and computation; deleting obsolete
   38         provisions; requiring Florida College System
   39         institutions to use placement test results or
   40         alternative methods to determine the extent to which
   41         certain students demonstrate sufficient communication
   42         and computation skills to indicate readiness for their
   43         meta-major; requiring Florida College System
   44         institutions to counsel and place certain students in
   45         specified college courses; limiting students’
   46         developmental education to content needed for success
   47         in their meta-major; conforming provisions to changes
   48         made by the act; making technical changes; amending s.
   49         1009.25, F.S.; authorizing the State Board of
   50         Education to adopt specified rules and the Board of
   51         Governors to adopt specified regulations; amending s.
   52         1009.52, F.S.; revising the eligibility requirements
   53         for Florida postsecondary student assistance grants;
   54         providing an appropriation; authorizing positions;
   55         providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Section 445.06, Florida Statutes, is amended to
   60  read:
   61         445.06 Florida Ready to Work Credential Certification
   62  Program.—
   63         (1) There is created the Florida Ready to Work Credential
   64  Certification Program to enhance the employability workplace
   65  skills of Floridians and to better prepare them for successful
   66  employment in specific occupations.
   67         (2) Training required to be eligible for a credential under
   68  the Florida Ready to Work Certification program may be conducted
   69  in public middle and high schools, Florida College System
   70  institutions, technical centers, one-stop career centers,
   71  vocational rehabilitation centers, Department of Corrections
   72  facilities, and Department of Juvenile Justice educational
   73  facilities. Such training may also be made available at The
   74  program may be made available to other entities that provide job
   75  training. The Department of Economic Opportunity, in
   76  coordination with the Department of Education, shall establish
   77  institutional readiness criteria for program implementation.
   78         (3) The Florida Ready to Work Certification program shall
   79  be composed of:
   80         (a) A comprehensive identification by the Department of
   81  Economic Opportunity and the Department of Education of
   82  employability skills currently in demand by employers,
   83  including, but not limited to, professionalism, time management,
   84  communication, problem-solving, collaboration, resilience,
   85  digital literacy skills, and academic skills such as mathematics
   86  and reading of workplace skills for each occupation identified
   87  for inclusion in the program by the Department of Economic
   88  Opportunity and the Department of Education.
   89         (b) A preinstructional assessment that delineates an
   90  individual’s mastery level for on the employability on the
   91  specific workplace skills identified pursuant to paragraph (a)
   92  for that occupation.
   93         (c) An A targeted instructional program targeting the
   94  limited to those identified employability workplace skills in
   95  which the individual is not proficient as measured by the
   96  preinstructional assessment. Instruction must utilize a web
   97  based program and be customizable customized to meet identified
   98  specific needs of local employers.
   99         (d) An employability A Florida Ready to Work Credential and
  100  portfolio to be awarded to individuals upon successful
  101  completion of the instruction. Each portfolio must delineate the
  102  skills demonstrated by the individual as evidence of the
  103  individual’s preparation for employment.
  104         (4) An employability A Florida Ready to Work credential
  105  shall be awarded to an individual who successfully passes
  106  assessments which measure the skills identified in paragraph
  107  (3)(a) in Reading for Information, Applied Mathematics, and
  108  Locating Information or any other assessments of comparable
  109  rigor. Each assessment shall be scored on a scale of 3 to 7. The
  110  level of the credential each individual receives is based on the
  111  following:
  112         (a) A bronze-level credential requires a minimum score of 3
  113  or above on each of the assessments.
  114         (b) A silver-level credential requires a minimum score of 4
  115  or above on each of the assessments.
  116         (c) A gold-level credential requires a minimum score of 5
  117  or above on each of the assessments.
  118         (5) The Department of Economic Opportunity, in consultation
  119  with the Department of Education, shall may adopt rules pursuant
  120  to ss. 120.536(1) and 120.54 to implement the provisions of this
  121  section.
  122         Section 2. Section 446.54, Florida Statutes, is created to
  123  read:
  124         446.54 Work-based learning.—
  125         (1)A student in grades 6 through 12 who is enrolled in a
  126  course identified in the Course Code Directory which
  127  incorporates a work-based learning component or an activity that
  128  is unpaid is deemed to be an employee of the state for purposes
  129  of workers’ compensation coverage.
  130         (2) An individual 18 years of age or younger who is
  131  enrolled in a preapprenticeship program as defined in s.
  132  446.021(5) which requires work-based learning is deemed to be an
  133  employee of the state for purposes of workers’ compensation
  134  coverage.
  135         Section 3. Present subsections (3) through (8) of section
  136  1007.23, Florida Statutes, are redesignated as subsections (4)
  137  through (9), respectively, and a new subsection (3) is added to
  138  that section, to read:
  139         1007.23 Statewide articulation agreement.—
  140         (3) To facilitate seamless transfer of credits, reduce
  141  excess credit hours, and ensure students take the courses needed
  142  for their future career, the articulation agreement must
  143  establish three mathematics pathways for students by aligning
  144  mathematics courses to programs, meta-majors, and careers. A
  145  representative committee consisting of State University System
  146  faculty, faculty of career centers established under s. 1001.44,
  147  and Florida College System institution faculty shall collaborate
  148  to identify the three mathematics pathways and the mathematics
  149  course sequence within each pathway which align to the
  150  mathematics skills needed for success in the corresponding
  151  academic programs and careers.
  152         Section 4. Subsection (1) and paragraph (a) of subsection
  153  (2) of section 1007.263, Florida Statutes, are amended to read:
  154         1007.263 Florida College System institutions; admissions of
  155  students.—Each Florida College System institution board of
  156  trustees is authorized to adopt rules governing admissions of
  157  students subject to this section and rules of the State Board of
  158  Education. These rules shall include the following:
  159         (1) Admissions counseling shall be provided to all students
  160  entering college or career credit programs. For students who are
  161  not otherwise exempt from testing under s. 1008.30, counseling
  162  must use the tests or alternative methods established by the
  163  State Board of Education under s. 1008.30 to measure achievement
  164  of college-level communication and computation competencies by
  165  students entering college credit programs or tests to measure
  166  achievement of basic skills for career education programs as
  167  prescribed in s. 1004.91. Counseling must measure achievement of
  168  basic skills for career education programs under s. 1004.91.
  169  Counseling includes providing developmental education options
  170  for students whose assessment results, determined under s.
  171  1008.30, indicate that they need to improve communication or
  172  computation skills that are essential to perform college-level
  173  work.
  174         (2) Admission to associate degree programs is subject to
  175  minimum standards adopted by the State Board of Education and
  176  shall require:
  177         (a) A standard high school diploma;, a State of Florida
  178  high school equivalency diploma awarded under s. 1003.435(2); a
  179  high school equivalency diploma issued by another state which is
  180  recognized as equivalent by State Board of Education rule and is
  181  based on an assessment recognized by the United States
  182  Department of Education; as prescribed in s. 1003.435,
  183  previously demonstrated competency in college credit
  184  postsecondary coursework;, or, in the case of a student who is
  185  home educated, a signed affidavit submitted by the student’s
  186  parent or legal guardian attesting that the student has
  187  completed a home education program pursuant to the requirements
  188  of s. 1002.41. Students who are enrolled in a dual enrollment or
  189  early admission program pursuant to s. 1007.271 are exempt from
  190  this requirement.
  191  
  192  Each board of trustees shall establish policies that notify
  193  students about developmental education options for improving
  194  their communication or computation skills that are essential to
  195  performing college-level work, including tutoring, extended time
  196  in gateway courses, free online courses, adult basic education,
  197  adult secondary education, or private provider instruction.
  198         Section 5. Subsection (3) and paragraph (b) of subsection
  199  (13) of section 1007.271, Florida Statutes, are amended to read:
  200         1007.271 Dual enrollment programs.—
  201         (3) Student eligibility requirements for initial enrollment
  202  in college credit dual enrollment courses must include a 3.0
  203  unweighted high school grade point average and a demonstrated
  204  level of achievement of college-level communication and
  205  computation skills as provided under s. 1008.30(1) or (2) the
  206  minimum score on a common placement test adopted by the State
  207  Board of Education which indicates that the student is ready for
  208  college-level coursework. Student eligibility requirements for
  209  continued enrollment in college credit dual enrollment courses
  210  must include the maintenance of a 3.0 unweighted high school
  211  grade point average and the minimum postsecondary grade point
  212  average established by the postsecondary institution. Regardless
  213  of meeting student eligibility requirements for continued
  214  enrollment, a student may lose the opportunity to participate in
  215  a dual enrollment course if the student is disruptive to the
  216  learning process such that the progress of other students or the
  217  efficient administration of the course is hindered. Student
  218  eligibility requirements for initial and continued enrollment in
  219  career certificate dual enrollment courses must include a 2.0
  220  unweighted high school grade point average. Exceptions to the
  221  required grade point averages may be granted on an individual
  222  student basis if the educational entities agree and the terms of
  223  the agreement are contained within the dual enrollment
  224  articulation agreement established under pursuant to subsection
  225  (21). Florida College System institution boards of trustees may
  226  establish additional initial student eligibility requirements,
  227  which shall be included in the dual enrollment articulation
  228  agreement, to ensure student readiness for postsecondary
  229  instruction. Additional requirements included in the agreement
  230  may not arbitrarily prohibit students who have demonstrated the
  231  ability to master advanced courses from participating in dual
  232  enrollment courses or limit the number of dual enrollment
  233  courses in which a student may enroll based solely upon
  234  enrollment by the student at an independent postsecondary
  235  institution.
  236         (13)
  237         (b) Each public postsecondary institution eligible to
  238  participate in the dual enrollment program pursuant to s.
  239  1011.62(1)(i) must enter into a home education articulation
  240  agreement with each home education student seeking enrollment in
  241  a dual enrollment course and the student’s parent. By August 1
  242  of each year, the eligible postsecondary institution shall
  243  complete and submit the home education articulation agreement to
  244  the Department of Education. The home education articulation
  245  agreement must include, at a minimum:
  246         1. A delineation of courses and programs available to
  247  dually enrolled home education students. Courses and programs
  248  may be added, revised, or deleted at any time by the
  249  postsecondary institution. Any course or program limitations may
  250  not exceed the limitations for other dually enrolled students.
  251         2. The initial and continued eligibility requirements for
  252  home education student participation, not to exceed those
  253  required of other dually enrolled students. A high school grade
  254  point average may not be required for home education students
  255  who demonstrate achievement of college-level communication and
  256  computation skills as provided under s. 1008.30(1) or (2) meet
  257  the minimum score on a common placement test adopted by the
  258  State Board of Education which indicates that the student is
  259  ready for college-level coursework; however, home education
  260  student eligibility requirements for continued enrollment in
  261  dual enrollment courses must include the maintenance of the
  262  minimum postsecondary grade point average established by the
  263  postsecondary institution.
  264         3. The student’s responsibilities for providing his or her
  265  own transportation.
  266         4. A copy of the statement on transfer guarantees developed
  267  by the Department of Education under subsection (15).
  268         Section 6. Section 1008.30, Florida Statutes, is amended to
  269  read:
  270         1008.30 Assessing college-level communication and
  271  computation skills Common placement testing for public
  272  postsecondary education.—
  273         (1) The State Board of Education, in conjunction with the
  274  Board of Governors, shall develop and implement a common
  275  placement test for the purpose of assessing the basic
  276  communication and computation and communication skills of
  277  students who intend to enter a degree program at any public
  278  postsecondary educational institution. Alternative assessments
  279  that may be accepted in lieu of the common placement test shall
  280  also be identified in rule. Public postsecondary educational
  281  institutions shall provide appropriate modifications of the test
  282  instruments or test procedures for students with disabilities.
  283         (2) By January 31, 2022, the State Board of Education shall
  284  adopt rules to develop and implement alternative methods for
  285  assessing the basic communication and computation skills of
  286  students who intend to enter a degree program at a Florida
  287  College System institution. Florida College System institutions
  288  may use these alternative methods in lieu of the common
  289  placement tests under subsection (1) to assess student readiness
  290  for college-level work in communication and computation The
  291  common placement testing program shall include the capacity to
  292  diagnose basic competencies in the areas of English, reading,
  293  and mathematics which are essential for success in meta-majors
  294  and to provide test information to students on the specific
  295  skills the student needs to attain.
  296         (3) By October 31, 2013, the State Board of Education shall
  297  establish by rule the test scores a student must achieve to
  298  demonstrate readiness to perform college-level work, and The
  299  rules adopted under subsection (2) must specify the following:
  300         (a) A student who entered 9th grade in a Florida public
  301  school in the 2003-2004 school year, or any year thereafter, and
  302  earned a Florida standard high school diploma or a student who
  303  is serving as an active duty member of any branch of the United
  304  States Armed Services is shall not be required to be assessed
  305  for readiness for college-level work in communication and
  306  computation take the common placement test and is shall not be
  307  required to enroll in developmental education instruction in a
  308  Florida College System institution. However, a student who is
  309  not required to be assessed for readiness for college-level work
  310  in communication and computation take the common placement test
  311  and is not required to enroll in developmental education under
  312  this paragraph may opt to be assessed and to enroll in
  313  developmental education instruction, and the college shall
  314  provide such assessment and instruction upon the student’s
  315  request.
  316         (b) A student who is assessed for readiness for college
  317  level computation and communication and whose assessment results
  318  indicate takes the common placement test and whose score on the
  319  test indicates a need for developmental education must be
  320  advised of all the developmental education options offered at
  321  the institution and, after advisement, may shall be allowed to
  322  enroll in the developmental education option of his or her
  323  choice.
  324         (c) A student who demonstrates readiness by achieving or
  325  exceeding the test scores established by the state board and
  326  enrolls in a Florida College System institution within 2 years
  327  after achieving such scores shall not be required to retest or
  328  complete developmental education when admitted to any Florida
  329  College System institution.
  330         (4) By December 31, 2013, the State Board of Education, in
  331  consultation with the Board of Governors, shall approve a series
  332  of meta-majors and the academic pathways that identify the
  333  gateway courses associated with each meta-major. Florida College
  334  System institutions shall use placement test results to
  335  determine the extent to which each student demonstrates
  336  sufficient communication and computation skills to indicate
  337  readiness for his or her chosen meta-major. Florida College
  338  System institutions shall counsel students into college credit
  339  courses as quickly as possible, with developmental education
  340  limited to that content needed for success in the meta-major.
  341         (5)(a) Each Florida College System institution board of
  342  trustees shall develop a plan to implement the developmental
  343  education strategies defined in s. 1008.02 and rules established
  344  by the State Board of Education. The plan must be submitted to
  345  the Chancellor of the Florida College System for approval no
  346  later than March 1, 2014, for implementation no later than the
  347  fall semester 2014. Each plan must include, at a minimum, local
  348  policies that outline:
  349         1. Documented student achievements such as grade point
  350  averages, work history, military experience, participation in
  351  juried competitions, career interests, degree major declaration,
  352  or any combination of such achievements that the institution may
  353  consider, in addition to common placement test scores, for
  354  advising students regarding enrollment options.
  355         2. Developmental education strategies available to
  356  students.
  357         3. A description of student costs and financial aid
  358  opportunities associated with each option.
  359         4. Provisions for the collection of student success data.
  360         5. A comprehensive plan for advising students into
  361  appropriate developmental education strategies based on student
  362  success data.
  363         (b) Beginning October 31, 2015, Each Florida College System
  364  institution shall use placement test results or alternative
  365  methods as established by the State Board of Education to
  366  determine the extent to which each student demonstrates
  367  sufficient communication and computation skills to indicate
  368  readiness for his or her chosen meta-major. Florida College
  369  System institutions shall counsel students into college credit
  370  courses as quickly as possible, with developmental education
  371  limited to that content needed for success in the meta-major
  372  annually prepare an accountability report that includes student
  373  success data relating to each developmental education strategy
  374  implemented by the institution. The report shall be submitted to
  375  the Division of Florida Colleges by October 31 in a format
  376  determined by the Chancellor of the Florida College System. By
  377  December 31, the chancellor shall compile and submit the
  378  institutional reports to the Governor, the President of the
  379  Senate, the Speaker of the House of Representatives, and the
  380  State Board of Education.
  381         (c) A university board of trustees may contract with a
  382  Florida College System institution board of trustees for the
  383  Florida College System institution to provide developmental
  384  education on the state university campus. Any state university
  385  in which the percentage of incoming students requiring
  386  developmental education equals or exceeds the average percentage
  387  of such students for the Florida College System may offer
  388  developmental education without contracting with a Florida
  389  College System institution; however, any state university
  390  offering college-preparatory instruction as of January 1, 1996,
  391  may continue to provide developmental education instruction as
  392  defined in s. 1008.02(1).
  393         (5)(6) A student may not be enrolled in a college credit
  394  mathematics or English course on a dual enrollment basis unless
  395  the student has demonstrated adequate precollegiate preparation
  396  in on the section of the basic computation and communication and
  397  computation skills assessment required pursuant to subsection
  398  (1) that is appropriate for successful student participation in
  399  the course.
  400         Section 7. Paragraph (f) of subsection (1) of section
  401  1009.25, Florida Statutes, is amended to read:
  402         1009.25 Fee exemptions.—
  403         (1) The following students are exempt from the payment of
  404  tuition and fees, including lab fees, at a school district that
  405  provides workforce education programs, Florida College System
  406  institution, or state university:
  407         (f) A student who lacks a fixed, regular, and adequate
  408  nighttime residence or whose primary nighttime residence is a
  409  public or private shelter designed to provide temporary
  410  residence, a public or private transitional living program, or a
  411  public or private place not designed for, or ordinarily used as,
  412  a regular sleeping accommodation for human beings. This includes
  413  a student who would otherwise meet the requirements of this
  414  paragraph, as determined by a college or university, but for his
  415  or her residence in college or university dormitory housing. The
  416  State Board of Education may adopt rules and the Board of
  417  Governors may adopt regulations regarding documentation and
  418  procedures to implement this paragraph.
  419         Section 8. Subsection (2) of section 1009.52, Florida
  420  Statutes, is amended to read:
  421         1009.52 Florida Postsecondary Student Assistance Grant
  422  Program; eligibility for grants.—
  423         (2)(a) Florida postsecondary student assistance grants may
  424  be made only to full-time degree-seeking students who meet the
  425  general requirements for student eligibility as provided in s.
  426  1009.40, except as otherwise provided in this section. Such
  427  grants shall be awarded for the amount of demonstrated unmet
  428  need for tuition and fees and may not exceed the maximum annual
  429  award amount specified in the General Appropriations Act. A
  430  demonstrated unmet need of less than $200 shall render the
  431  applicant ineligible for a Florida postsecondary student
  432  assistance grant.
  433         (a) Awards may be made to full-time degree-seeking students
  434  who Recipients of such grants must have been accepted at a
  435  postsecondary institution that is located in this state and that
  436  is:
  437         1. A private nursing diploma school approved by the Florida
  438  Board of Nursing; or
  439         2. A college or university licensed by the Commission for
  440  Independent Education, excluding those institutions the students
  441  of which are eligible to receive a Florida private student
  442  assistance grant pursuant to s. 1009.51.
  443         (b) Awards may be made to full-time certificate-seeking
  444  students who have been accepted at an aviation maintenance
  445  school that is located in this state, certified by the Federal
  446  Aviation Administration, and licensed by the Commission for
  447  Independent Education. Such student’s eligibility for the
  448  renewal of an award shall be evaluated at the end of the
  449  completion of 900 clock hours and, as a condition of renewal,
  450  the student shall meet the requirements under s. 1009.40(1)(b).
  451         (c) If funds are available, a student who received an award
  452  in the fall or spring term may receive an award in the summer
  453  term. Priority in the distribution of summer awards shall be
  454  given to students who are within one semester, or equivalent, of
  455  completing a degree or certificate program. No student may
  456  receive an award for more than the equivalent of 9 semesters or
  457  14 quarters of full-time enrollment, except as otherwise
  458  provided in s. 1009.40(3). A student specified in paragraph (b)
  459  is eligible for an award of up to 110 percent of the number of
  460  clock hours required to complete the program in which the
  461  student is enrolled.
  462         (d)(b) A student applying for a Florida postsecondary
  463  student assistance grant shall be required to apply for the Pell
  464  Grant. The Pell Grant entitlement shall be considered when
  465  conducting an assessment of the financial resources available to
  466  each student.
  467         (e)(c) Priority in the distribution of grant moneys may be
  468  given to students who are within one semester, or equivalent, of
  469  completing a degree or certificate program. An institution may
  470  not make a grant from this program to a student whose expected
  471  family contribution exceeds one and one-half times the maximum
  472  Pell Grant-eligible family contribution. An institution may not
  473  impose additional criteria to determine a student’s eligibility
  474  to receive a grant award.
  475         (f)(d) Each participating institution shall report to the
  476  department by the established date the students eligible for the
  477  program for each academic term. Each institution shall also
  478  report to the department necessary demographic and eligibility
  479  data for such students.
  480         Section 9. For the 2021-2022 Fiscal Year, the nonrecurring
  481  sum of $2 million is appropriated from the General Revenue Fund
  482  to the State Risk Management Trust Fund in the Department of
  483  Financial Services for workers compensation costs associated
  484  with participants under s. 446.54, Florida Statutes. The funds
  485  may not be included or combined with the premiums otherwise due
  486  from the Department of Education pursuant to chapter 284,
  487  Florida Statutes, but must be credited on behalf of the
  488  Department of Education.
  489         Section 10. For the 2021-2022 fiscal year, two full-time
  490  equivalent positions with associated salary rate of 76,787 are
  491  authorized, and the sums of $127,190 in recurring funds and
  492  $7,790 in nonrecurring funds from the State Risk Management
  493  Trust Fund are appropriated to the Department of Financial
  494  Services for the purpose of implementing the workers’
  495  compensation coverage provisions of this act.
  496         Section 11. This act shall take effect July 1, 2021.