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.