Florida Senate - 2021                        CS for CS for SB 52
       
       
        
       By the Committees on Appropriations; and Education; and Senators
       Rodrigues and Baxley
       
       
       
       
       576-02737-21                                            202152c2
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 1004.6495, F.S.; revising grant specifications;
    4         requiring funds appropriated for the Florida
    5         Postsecondary Comprehensive Transition Program to only
    6         be used for certain grants as specifically authorized
    7         in the General Appropriations Act; removing a cap on
    8         grant awards; amending s. 1007.273, F.S.; renaming
    9         collegiate high school programs as early college
   10         programs; defining the term “early college program”;
   11         requiring early college programs to prioritize certain
   12         courses; deleting obsolete language; conforming
   13         provisions to changes made by the act; authorizing
   14         charter schools to execute contracts with certain
   15         institutions to establish an early college program;
   16         amending s. 1009.25, F.S.; clarifying fee exemptions
   17         for the Department of Children and Families; creating
   18         s. 1009.30, F.S.; providing legislative findings;
   19         establishing the Dual Enrollment Scholarship Program;
   20         providing for the administration of the program;
   21         providing for the reimbursement of tuition and costs
   22         to eligible postsecondary institutions; requiring
   23         students participating in dual enrollment programs to
   24         meet specified minimum eligibility requirements in
   25         order for institutions to receive reimbursements;
   26         requiring participating institutions to annually
   27         report specified information to the Department of
   28         Education by certain dates; providing a reimbursement
   29         schedule for tuition and instructional materials
   30         costs; requiring the Department of Education to
   31         reimburse institutions by specified dates; providing
   32         that reimbursement for dual enrollment courses is
   33         contingent upon appropriations; providing for the
   34         prorating of reimbursements under certain
   35         circumstances; requiring the State Board of Education
   36         to adopt rules; creating s. 1012.978, F.S.;
   37         authorizing state university boards of trustees to
   38         implement a bonus scheme for state university system
   39         employees based on awards for work performance or
   40         employee recruitment and retention; requiring a board
   41         of trustees to submit the bonus scheme to the Board of
   42         Governors; requiring the Board of Governors to approve
   43         such bonus scheme before its implementation; amending
   44         ss. 1002.20 and 1003.4282, F.S.; conforming provisions
   45         to changes made by the act; providing an effective
   46         date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Paragraph (b) of subsection (5) of section
   51  1004.6495, Florida Statutes, is amended to read:
   52         1004.6495 Florida Postsecondary Comprehensive Transition
   53  Program and Florida Center for Students with Unique Abilities.—
   54         (5) CENTER RESPONSIBILITIES.—The Florida Center for
   55  Students with Unique Abilities is established within the
   56  University of Central Florida. At a minimum, the center shall:
   57         (b) Coordinate, facilitate, and oversee the statewide
   58  implementation of this section. At a minimum, the director
   59  shall:
   60         1. Consult and collaborate with the National Center and the
   61  Coordinating Center, as identified in 20 U.S.C. s. 1140q,
   62  regarding guidelines established by the center for the effective
   63  implementation of the programs for students with disabilities
   64  and for students with intellectual disabilities which align with
   65  the federal requirements and with standards, quality indicators,
   66  and benchmarks identified by the National Center and the
   67  Coordinating Center.
   68         2. Consult and collaborate with the Florida Talent
   69  Development Council to identify meaningful credentials for
   70  FPCTPs and to engage businesses and stakeholders to promote
   71  experiential training and employment opportunities for students
   72  with intellectual disabilities.
   73         3. Establish requirements and timelines for the:
   74         a. Submission and review of an application.
   75         b. Approval or disapproval of an initial or renewal
   76  application.
   77         c. Implementation of an FPCTP, which must begin no later
   78  than the academic year immediately following the academic year
   79  during which the approval is granted.
   80         4. Administer scholarship funds.
   81         5. Administer FPCTP start-up and enhancement grants. From
   82  funds appropriated in the 2016-2017 fiscal year for the FPCTP,
   83  $3 million shall be used for such grants. Thereafter, funds
   84  appropriated for the FPCTP may only be used for such grants as
   85  if specifically authorized in the General Appropriations Act.
   86  The maximum annual start-up and enhancement grant award shall be
   87  $300,000 per institution.
   88         6. Report on the implementation and administration of this
   89  section by planning, advising, and evaluating approved degree,
   90  certificate, and nondegree programs and the performance of
   91  students and programs pursuant to subsection (8).
   92         Section 2. Section 1007.273, Florida Statutes, is amended
   93  to read:
   94         1007.273 Early college Collegiate high school program.—
   95         (1) Each Florida College System institution shall work with
   96  each district school board in its designated service area to
   97  establish one or more early college collegiate high school
   98  programs. As used in this section, the term “early college
   99  program” means a structured high school acceleration program in
  100  which a cohort of students is enrolled full time in
  101  postsecondary courses toward an associate degree. The early
  102  college program must prioritize courses applicable as general
  103  education core courses under s. 1007.25 for an associate degree
  104  or a baccalaureate degree.
  105         (2) At a minimum, collegiate high school programs must
  106  include an option for public school students in grade 11 or
  107  grade 12 participating in the program, for at least 1 full
  108  school year, to earn CAPE industry certifications pursuant to s.
  109  1008.44 and to successfully complete 30 credit hours through the
  110  dual enrollment program under s. 1007.271 toward the first year
  111  of college for an associate degree or baccalaureate degree while
  112  enrolled in the program.
  113         (3) Each district school board and its local Florida
  114  College System institution shall execute a contract to establish
  115  one or more early college collegiate high school programs at a
  116  mutually agreed upon location or locations. Beginning with the
  117  2015-2016 school year, If the institution does not establish a
  118  program with a district school board in its designated service
  119  area, another Florida College System institution may execute a
  120  contract with that district school board to establish the
  121  program. The contract must be executed by January 1 of each
  122  school year for implementation of the program during the next
  123  school year. The contract must:
  124         (a) Identify the grade levels to be included in the early
  125  college collegiate high school program which must, at a minimum,
  126  include grade 12.
  127         (b) Describe the early college collegiate high school
  128  program, including the delineation of courses and industry
  129  certifications offered, including online course availability;
  130  the high school and college credits earned for each
  131  postsecondary course completed and industry certification
  132  earned; student eligibility criteria; and the enrollment process
  133  and relevant deadlines.
  134         (c) Describe the methods, medium, and process by which
  135  students and their parents are annually informed about the
  136  availability of the early college collegiate high school
  137  program, the return on investment associated with participation
  138  in the program, and the information described in paragraphs (a)
  139  and (b).
  140         (d) Identify the delivery methods for instruction and the
  141  instructors for all courses.
  142         (e) Identify student advising services and progress
  143  monitoring mechanisms.
  144         (f) Establish a program review and reporting mechanism
  145  regarding student performance outcomes.
  146         (g) Describe the terms of funding arrangements to implement
  147  the early college collegiate high school program.
  148         (3)(4) Each student participating in an early college a
  149  collegiate high school program must enter into a student
  150  performance contract which must be signed by the student, the
  151  parent, and a representative of the school district and the
  152  applicable Florida College System institution, state university,
  153  or other institution participating pursuant to subsection (4)
  154  (5). The performance contract must include the schedule of
  155  courses, by semester, and industry certifications to be taken by
  156  the student, student attendance requirements, and course grade
  157  requirements.
  158         (4)(5) In addition to executing a contract with the local
  159  Florida College System institution under this section, a
  160  district school board may execute a contract to establish an
  161  early college a collegiate high school program with a state
  162  university or an institution that is eligible to participate in
  163  the William L. Boyd, IV, Effective Access to Student Education
  164  Grant Program, that is a nonprofit independent college or
  165  university located and chartered in this state, and that is
  166  accredited by the Commission on Colleges of the Southern
  167  Association of Colleges and Schools to grant baccalaureate
  168  degrees. Such university or institution must meet the
  169  requirements specified under subsections (2) and (3) (3) and
  170  (4).
  171         (5) A charter school may execute a contract directly with
  172  the local Florida College System institution or another
  173  institution as authorized under this section to establish an
  174  early college program at a mutually agreed upon location.
  175         (6) The early college collegiate high school program must
  176  shall be funded pursuant to ss. 1007.271 and 1011.62. The State
  177  Board of Education shall enforce compliance with this section by
  178  withholding the transfer of funds for the school districts and
  179  the Florida College System institutions in accordance with s.
  180  1008.32.
  181         Section 3. Paragraphs (c) and (d) of subsection (1) of
  182  section 1009.25, Florida Statutes, are amended to read:
  183         1009.25 Fee exemptions.—
  184         (1) The following students are exempt from the payment of
  185  tuition and fees, including lab fees, at a school district that
  186  provides workforce education programs, Florida College System
  187  institution, or state university:
  188         (c) A student who is, or was at the time he or she reached
  189  18 years of age, in the custody of the Department of Children
  190  and Families or who, after spending at least 6 months in the
  191  custody of the department after reaching 16 years of age, was
  192  placed in a guardianship by the court. Such exemption includes
  193  fees associated with enrollment in applied academics for adult
  194  education instruction. The exemption remains valid until the
  195  student reaches 28 years of age.
  196         (d) A student who is, or was at the time he or she reached
  197  18 years of age, in the custody of a relative or nonrelative
  198  under s. 39.5085 or s. 39.6225 or who was adopted from the
  199  Department of Children and Families after May 5, 1997. Such
  200  exemption includes fees associated with enrollment in applied
  201  academics for adult education instruction. The exemption remains
  202  valid until the student reaches 28 years of age.
  203         Section 4. Section 1009.30, Florida Statutes, is created to
  204  read:
  205         1009.30Dual Enrollment Scholarship Program.—
  206         (1) The Legislature finds and declares that dual enrollment
  207  is an integral part of the education system in this state and
  208  should be available for all eligible secondary students without
  209  cost to the student. There is established the Dual Enrollment
  210  Scholarship Program to support postsecondary institutions in
  211  providing dual enrollment.
  212         (2) The Department of Education shall administer the Dual
  213  Enrollment Scholarship Program in accordance with rules adopted
  214  by the State Board of Education pursuant to subsection (9).
  215         (3)(a) Beginning in the 2021 fall term, the program shall
  216  reimburse eligible postsecondary institutions for tuition and
  217  related instructional materials costs for dual enrollment
  218  courses taken by private school or home education program
  219  secondary students during the fall or spring terms.
  220         (b) Beginning in the 2022 summer term, the program shall
  221  reimburse institutions for tuition and related instructional
  222  materials costs for dual enrollment courses taken by public
  223  school, private school, or home education program secondary
  224  students during the summer term.
  225         (4) A student participating in a dual enrollment program
  226  must meet the minimum eligibility requirements specified in s.
  227  1007.271 in order for the institution to receive a
  228  reimbursement.
  229         (5) Annually, by March 15, each participating institution
  230  must report to the department any eligible secondary students
  231  from private schools or home education programs who were
  232  enrolled during the previous fall or spring terms. Annually, by
  233  July 15, each participating institution must report to the
  234  department any eligible public school, private school, or home
  235  education program students who were enrolled during the summer
  236  term. For each dual enrollment course in which the student is
  237  enrolled, the report must include a unique student identifier,
  238  the postsecondary institution name, the postsecondary course
  239  number, and the postsecondary course name.
  240         (6)(a) Florida College System institutions shall be
  241  reimbursed at the in-state resident tuition rate established in
  242  s. 1009.23(3)(a).
  243         (b) State University System institutions and independent
  244  postsecondary institutions shall be reimbursed at the standard
  245  tuition rate established in s. 1009.24(4)(a).
  246         (c) Institutions shall be reimbursed for instructional
  247  materials costs based on a rate specified in the General
  248  Appropriations Act.
  249         (7) For dual enrollment courses taken during the fall and
  250  spring terms, the department must reimburse institutions by
  251  April 15 of the same year. For dual enrollment courses taken
  252  during the summer term, the department must reimburse
  253  institutions by August 15 of the same year, before the beginning
  254  of the next academic year.
  255         (8) Reimbursement for dual enrollment courses is contingent
  256  upon an appropriation in the General Appropriations Act each
  257  year. If the statewide reimbursement amount is greater than the
  258  appropriation, the institutional reimbursement amounts specified
  259  in subsection (6) shall be prorated among the institutions that
  260  have reported eligible students to the department by the
  261  deadlines specified in subsection (5).
  262         (9) The State Board of Education shall adopt rules to
  263  implement this section.
  264         Section 5. Section 1012.978, Florida Statutes, is created
  265  to read:
  266         1012.978 Bonuses for state university system employees.
  267  Notwithstanding s. 215.425(3), a university board of trustees
  268  may implement a bonus scheme based on awards for work
  269  performance or employee recruitment and retention. The board of
  270  trustees must submit to the Board of Governors the bonus scheme,
  271  including the evaluation criteria by which a bonus will be
  272  awarded. The Board of Governors must approve any bonus scheme
  273  created under this section before its implementation.
  274         Section 6. Paragraph (a) of subsection (6) of section
  275  1002.20, Florida Statutes, is amended to read:
  276         1002.20 K-12 student and parent rights.—Parents of public
  277  school students must receive accurate and timely information
  278  regarding their child’s academic progress and must be informed
  279  of ways they can help their child to succeed in school. K-12
  280  students and their parents are afforded numerous statutory
  281  rights including, but not limited to, the following:
  282         (6) EDUCATIONAL CHOICE.—
  283         (a) Public educational school choices.—Parents of public
  284  school students may seek any public educational school choice
  285  options that are applicable and available to students throughout
  286  the state. These options may include controlled open enrollment,
  287  single-gender programs, lab schools, virtual instruction
  288  programs, charter schools, charter technical career centers,
  289  magnet schools, alternative schools, special programs, auditory
  290  oral education programs, advanced placement, dual enrollment,
  291  International Baccalaureate, International General Certificate
  292  of Secondary Education (pre-AICE), CAPE digital tools, CAPE
  293  industry certifications, early college collegiate high school
  294  programs, Advanced International Certificate of Education, early
  295  admissions, credit by examination or demonstration of
  296  competency, the New World School of the Arts, the Florida School
  297  for the Deaf and the Blind, and the Florida Virtual School.
  298  These options may also include the public educational choice
  299  options of the Opportunity Scholarship Program and the McKay
  300  Scholarships for Students with Disabilities Program.
  301         Section 7. Paragraph (c) of subsection (10) of section
  302  1003.4282, Florida Statutes, is amended to read:
  303         1003.4282 Requirements for a standard high school diploma.—
  304         (10) STUDENTS WITH DISABILITIES.—Beginning with students
  305  entering grade 9 in the 2014-2015 school year, this subsection
  306  applies to a student with a disability.
  307         (c) A student with a disability who meets the standard high
  308  school diploma requirements in this section may defer the
  309  receipt of a standard high school diploma if the student:
  310         1. Has an individual education plan that prescribes special
  311  education, transition planning, transition services, or related
  312  services through age 21; and
  313         2. Is enrolled in accelerated college credit instruction
  314  pursuant to s. 1007.27, industry certification courses that lead
  315  to college credit, an early college a collegiate high school
  316  program, courses necessary to satisfy the Scholar designation
  317  requirements, or a structured work-study, internship, or
  318  preapprenticeship program.
  319  
  320  The State Board of Education shall adopt rules under ss.
  321  120.536(1) and 120.54 to implement this subsection, including
  322  rules that establish the minimum requirements for students
  323  described in this subsection to earn a standard high school
  324  diploma. The State Board of Education shall adopt emergency
  325  rules pursuant to ss. 120.536(1) and 120.54.
  326         Section 8. This act shall take effect July 1, 2021.