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