Florida Senate - 2024 CS for SB 7032 By the Committees on Appropriations; and Education Postsecondary 576-03685-24 20247032c1 1 A bill to be entitled 2 An act relating to education; creating s. 1004.933, 3 F.S.; providing legislative intent; establishing the 4 Graduation Alternative to Traditional Education (GATE) 5 Program within the Department of Education; providing 6 definitions; requiring institutions to waive payments 7 for specified student fees; providing eligibility 8 requirements; providing that students participating in 9 the program are eligible for a specified stipend under 10 certain circumstances; prohibiting an institution from 11 imposing additional eligibility requirements; 12 providing department responsibilities; providing 13 department reporting requirements; authorizing the 14 State Board of Education to adopt rules; amending s. 15 445.009, F.S.; revising the services to which the one 16 stop delivery system is intended to provide access; 17 amending s. 1003.21, F.S.; requiring a student’s 18 certified school counselor or other school personnel 19 to inform the student of opportunities in the GATE 20 Program; amending s. 1003.435, F.S.; requiring 21 district school boards to notify all candidates for 22 the high school equivalency diploma of adult secondary 23 and postsecondary education options, including 24 specified eligibility requirements; creating s. 25 1009.711, F.S.; creating the GATE Scholarship Program; 26 requiring the department to administer the program; 27 requiring the program to reimburse eligible 28 institutions for specified student fees and costs; 29 requiring participating institutions to report 30 specified information to the department; requiring the 31 department to reimburse participating institutions 32 within a specified timeframe; providing that 33 reimbursements are contingent upon legislative 34 appropriation and must be prorated under certain 35 circumstances; authorizing the state board to adopt 36 rules; amending s. 1011.80, F.S.; revising the number 37 of courses for which certain students may be reported 38 for certain funding purposes; providing that such 39 courses do not have to be core curricula courses; 40 deleting a requirement that the department develop a 41 list of courses to be designated as core curricula 42 courses; creating s. 1011.804, F.S.; establishing the 43 GATE Startup Grant Program within the department for a 44 specified purpose; defining the term “institution”; 45 providing eligibility requirements; providing 46 department duties; providing requirements for grant 47 proposals, grant awards, and the use of grant funds; 48 providing reporting requirements; authorizing the 49 state board to adopt rules; creating s. 1011.8041, 50 F.S.; creating the GATE Program Performance Fund for a 51 specified purpose; defining the term “institution”; 52 subject to legislative appropriation, requiring each 53 participating institution to receive a specified 54 amount of money per student, subject to certain 55 conditions; authorizing the state board to adopt 56 rules; providing an effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Section 1004.933, Florida Statutes, is created 61 to read: 62 1004.933 Graduation Alternative to Traditional Education 63 (GATE) Program.— 64 (1) LEGISLATIVE INTENT.— 65 (a) It is the intent of the Legislature to create an 66 alternative pathway to education and workforce opportunities for 67 students who have withdrawn from high school prior to 68 graduation. 69 (b) It is the intent of the Legislature to affirm the 70 unequivocal value of a standard high school diploma as the 71 primary education credential by which students access higher 72 education and workforce opportunities. Further, the Legislature 73 affirms that parental consent is required for a student under 18 74 years of age to withdraw from high school prior to graduation. 75 (c) The Legislature intends to expand opportunities for 76 students to complete high school courses and earn a standard 77 high school diploma. 78 (d) The Legislature recognizes that when a student 79 withdraws from high school prior to graduation, the student has 80 not received the full value of a taxpayer-funded pre-K-12 81 education, and therefore lacks the education credential 82 essential to gainful employment and future educational 83 opportunities. Therefore, the Legislature intends to provide an 84 alternative pathway program, waiving tuition and fees for the 85 program for participating students who have not earned a 86 standard high school diploma. 87 (2) PROGRAM CREATION.—The Graduation Alternative to 88 Traditional Education (GATE) Program is created within the 89 Department of Education. 90 (3) DEFINITIONS.—As used in this section, the term: 91 (a) “Career education program” means an applied technology 92 diploma program as defined in s. 1004.02(7) or a career 93 certificate program as defined in s. 1004.02(20). 94 (b) “Institution” means a school district career center 95 established under s. 1001.44, a charter technical career center 96 established under s. 1002.34, or a Florida College System 97 institution identified in s. 1000.21. 98 (4) PAYMENT WAIVER; ELIGIBILITY.— 99 (a) Notwithstanding any other provision of state law, an 100 institution shall waive 100 percent of the registration, 101 tuition, laboratory, and examination fees for a student 102 participating in the GATE Program. Instructional materials 103 assigned for use under the GATE Program must be made available 104 to GATE Program students free of charge. An institution may not 105 require payment by students of instructional materials costs 106 eligible for reimbursement under s. 1009.711. 107 (b) To be eligible for participation in the GATE Program, a 108 student must: 109 1. Not have earned a standard high school diploma pursuant 110 to s. 1003.4282 or a high school equivalency diploma pursuant to 111 s. 1003.435 before enrolling in the GATE Program; 112 2. Have been withdrawn from high school; 113 3. Be a resident of this state as defined in s. 1009.21(1); 114 4. Be 16 to 21 years of age at the time of initial 115 enrollment, provided that a student who is 16 or 17 years of age 116 has withdrawn from school enrollment pursuant to the 117 requirements and safeguards in s. 1003.21(1)(c); 118 5. Select the adult secondary education program and career 119 education program of his or her choice at the time of admission 120 to the GATE Program, provided that the career education program 121 is included on the Master Credentials List under s. 445.004(4). 122 The student may not change the requested pathway after 123 enrollment, except that, if necessary for the student, the 124 student may enroll in an adult basic education program prior to 125 enrolling in the adult secondary education program; 126 6. Maintain a 2.0 GPA for career and technical education 127 coursework; and 128 7. Notwithstanding s. 1003.435(4), complete the programs 129 under subparagraph 5. within 3 years after his or her initial 130 enrollment unless the institution determines that an extension 131 is warranted due to extenuating circumstances. 132 (c) Subject to the availability of funds, a student who 133 meets the requirements of paragraph (b) and is enrolled in the 134 GATE Program is eligible to receive the stipend specified in s. 135 1009.895(3). 136 (d) An institution may not impose additional criteria to 137 determine a student’s eligibility to receive a waiver under this 138 section. 139 (5) DEPARTMENT RESPONSIBILITIES.—In addition to 140 administering the GATE Program, the Department of Education 141 shall perform the following duties: 142 (a) Disseminate information about the GATE Program to 143 eligible institutions, local workforce development boards, and 144 other local, regional, or state initiatives that interact with 145 the GATE Program’s target population. 146 (b) Connect prospective students directly to eligible 147 institutions. 148 (c) Provide access to online career planning tools. 149 (6) REPORTING.—Beginning October 1, 2025, and each October 150 1 thereafter, the Department of Education shall submit a report 151 to the Governor, the President of the Senate, and the Speaker of 152 the House of Representatives on the number and value of 153 registration, tuition, laboratory, and examination fees and 154 instructional materials costs waived and reimbursed, by 155 institution; the number of students who have obtained a standard 156 high school diploma or high school equivalency diploma while 157 participating in the GATE Program; the number of students 158 completing an applied technology diploma or career certificate 159 while participating in the GATE Program; the number of students 160 participating in the GATE Program who receive a stipend under s. 161 1009.895(3); the number of students who have earned an industry 162 certification on the CAPE Industry Certification Funding List 163 while participating in the GATE Program; and the number of 164 students who completed the GATE Program. The reporting period 165 shall cover the previous academic year. 166 (7) RULES.—The State Board of Education may adopt rules to 167 implement this section. 168 Section 2. Paragraph (g) of subsection (1) of section 169 445.009, Florida Statutes, is amended to read: 170 445.009 One-stop delivery system.— 171 (1) The one-stop delivery system is the state’s primary 172 customer-service strategy for offering every Floridian access, 173 through service sites or telephone or computer networks, to the 174 following services: 175 (g) Adult education,andbasic skills training, integrated 176 education and training, and the Graduation Alternative to 177 Traditional Education Program under s. 1004.933. 178 Section 3. Paragraph (c) of subsection (1) of section 179 1003.21, Florida Statutes, is amended to read: 180 1003.21 School attendance.— 181 (1) 182 (c) A student who attains the age of 16 years during the 183 school year is not subject to compulsory school attendance 184 beyond the date upon which he or she attains that age if the 185 student files a formal declaration of intent to terminate school 186 enrollment with the district school board. Public school 187 students who have attained the age of 16 years and who have not 188 graduated are subject to compulsory school attendance until the 189 formal declaration of intent is filed with the district school 190 board. The declaration must acknowledge that terminating school 191 enrollment is likely to reduce the student’s earning potential 192 and must be signed by the student and the student’s parent. The 193 school district shall notify the student’s parent of receipt of 194 the student’s declaration of intent to terminate school 195 enrollment. The student’s certified school counselor or other 196 school personnel shall conduct an exit interview with the 197 student to determine the reasons for the student’s decision to 198 terminate school enrollment and actions that could be taken to 199 keep the student in school. The student’s certified school 200 counselor or other school personnel shall inform the student of 201 opportunities to continue his or her education in a different 202 environment, including, but not limited to, adult education,and203 high school equivalency examination preparation, and the 204 Graduation Alternative to Traditional Education Program under s. 205 1004.933. Additionally, the student shall complete a survey in a 206 format prescribed by the Department of Education to provide data 207 on student reasons for terminating enrollment and actions taken 208 by schools to keep students enrolled. 209 Section 4. Subsection (3) of section 1003.435, Florida 210 Statutes, is amended to read: 211 1003.435 High school equivalency diploma program.— 212 (3) Each district school board shall: 213 (a) Offer and administer the high school equivalency 214 diploma examinations and the subject area examinations to all 215 candidates pursuant to rules of the State Board of Education. 216 (b) Notify each candidate of adult secondary and 217 postsecondary education options available in or near the school 218 district, including the Graduation Alternative to Traditional 219 Education Program under s. 1004.933. The candidate must also be 220 informed of the eligibility requirements and any minimum 221 academic requirements for each available option. 222 Section 5. Section 1009.711, Florida Statutes, is created 223 to read: 224 1009.711 GATE Scholarship Program.— 225 (1) The GATE Scholarship Program is created to financially 226 support institutions participating in the GATE Program 227 established pursuant to s. 1004.933. 228 (2) The Department of Education shall administer the GATE 229 Scholarship Program in accordance with rules adopted by the 230 State Board of Education. 231 (3) The GATE Scholarship Program shall reimburse eligible 232 institutions for registration, tuition, laboratory, and 233 examination fees and related instructional materials costs for 234 students enrolled in the GATE Program. Institutions must be 235 reimbursed at the in-state resident tuition rate established in 236 s. 1009.22(3)(c). 237 (4) Each participating institution shall report to the 238 department all students enrolled in the GATE Program during the 239 fall, spring, or summer terms within 30 days after the end of 240 regular registration. For each eligible student, the institution 241 shall report the total reimbursable expenses by category, which 242 the department must consider in determining an institution’s 243 award under this section. The department shall reimburse each 244 participating institution no later than 30 days after the 245 institution has reported enrollment for that term. 246 (5) Reimbursements from the GATE Scholarship Program are 247 contingent upon an annual appropriation in the General 248 Appropriations Act. If the statewide reimbursement amount is 249 greater than the appropriation, the institutional reimbursement 250 amounts specified in subsection (3) must be prorated among the 251 institutions that have timely reported eligible students to the 252 department. 253 (6) The State Board of Education may adopt rules to 254 implement this section. 255 Section 6. Subsection (10) of section 1011.80, Florida 256 Statutes, is amended to read: 257 1011.80 Funds for operation of workforce education 258 programs.— 259 (10) A high school student dually enrolled under s. 260 1007.271 in a workforce education program operated by a Florida 261 College System institution or school district career center 262 generates the amount calculated for workforce education funding, 263 including any payment of performance funding, and the 264 proportional share of full-time equivalent enrollment generated 265 through the Florida Education Finance Program for the student’s 266 enrollment in a high school. If a high school student is dually 267 enrolled in a Florida College System institution program, 268 including a program conducted at a high school, the Florida 269 College System institution earns the funds generated for 270 workforce education funding, and the school district earns the 271 proportional share of full-time equivalent funding from the 272 Florida Education Finance Program. If a student is dually 273 enrolled in a career center operated by the same district as the 274 district in which the student attends high school, that district 275 earns the funds generated for workforce education funding and 276 also earns the proportional share of full-time equivalent 277 funding from the Florida Education Finance Program. If a student 278 is dually enrolled in a workforce education program provided by 279 a career center operated by a different school district, the 280 funds must be divided between the two school districts 281 proportionally from the two funding sources. A student may not 282 be reported for funding in a dual enrollment workforce education 283 program unless the student has completed the basic skills 284 assessment pursuant to s. 1004.91. A student who is coenrolled 285 in a K-12 education program and an adult education program may 286 be reported for purposes of funding in an adult education 287 program. If a student is coenrolled incore curriculacourses 288 for credit recovery or dropout prevention purposes and does not 289 have a pattern of excessive absenteeism or habitual truancy or a 290 history of disruptive behavior in school, the student may be 291 reported for funding for up to fourtwocourses per year. Such a 292 student is exempt from the payment of the block tuition for 293 adult general education programs provided in s. 1009.22(3)(c). 294The Department of Education shall develop a list of courses to295be designated as core curricula courses for the purposes of296coenrollment.297 Section 7. Section 1011.804, Florida Statutes, is created 298 to read: 299 1011.804 GATE Startup Grant Program.— 300 (1) The GATE Startup Grant Program is established within 301 the Department of Education to fund and support the startup and 302 implementation of the GATE Program, subject to legislative 303 appropriation. The purpose of the grant program is to increase 304 access to programs that support adult learners earning a high 305 school credential, either a high school diploma or its 306 equivalent, and a workforce credential aligned to statewide or 307 regional demand. The department shall administer the grants, 308 determine eligibility, and distribute grant awards. 309 (2) As used in this section, the term “institution” means a 310 school district career center established under s. 1001.44, a 311 charter technical career center established under s. 1002.34, or 312 a Florida College System institution identified in s. 1000.21 313 which offers the GATE Program pursuant to s. 1004.933. 314 (3) The department may solicit proposals from institutions 315 without programs that meet the requirements of s. 1004.933(2). 316 Such institutions must be located in or serve a rural area of 317 opportunity as designated by the Governor. 318 (4) The department shall prioritize grant proposals that 319 combine adult basic education, adult secondary education, and 320 career education programs at one location or allow students to 321 complete programs through distance learning. An applicant may 322 not receive more than 10 percent of the total amount 323 appropriated for the program. 324 (5) The department shall make the grant application 325 available to potential applicants no later than August 15, 2024. 326 A grant proposal must include: 327 (a) The institution or institutions that will provide the 328 adult basic education, adult secondary education, and career 329 education programs; 330 (b) The proposed adult basic education and adult secondary 331 education program or programs the institution or institutions 332 will provide, and the projected enrollment for such program or 333 programs; 334 (c) The proposed career education program or programs the 335 institution or institutions will provide and the projected 336 enrollment for such program or programs; 337 (d) The credential or credentials associated with the 338 career education program or programs. Such credential or 339 credentials must be included on the Master Credentials List 340 under s. 445.004(4); 341 (e) The cost of instruction for all programs contemplated 342 in the proposal, including costs for tuition, fees, 343 registration, and laboratory, examination, and instructional 344 materials costs; 345 (f) Outreach strategies, including collaboration with local 346 workforce development boards; and 347 (g) A plan or timeline for implementing s. 1004.933 and 348 enrolling students. 349 (6) Grant funds may be used for planning activities and 350 other expenses associated with the creation of the GATE Program, 351 such as expenses related to program instruction, instructional 352 equipment, supplies, instructional personnel, and student 353 services. Grant funds may not be used for indirect costs. Grant 354 recipients must submit an annual report in a format prescribed 355 by the department. The department shall consolidate such annual 356 reports and include the reports in the report required by s. 357 1004.933(5). 358 (7) The State Board of Education may adopt rules to 359 administer this section. 360 Section 8. Section 1011.8041, Florida Statutes, is created 361 to read: 362 1011.8041 GATE Program Performance Fund.— 363 (1) The GATE Program Performance Fund is created to reward 364 institutions for the documented success of students 365 participating in the GATE Program established under s. 1004.933. 366 (2) As used in this section, the term “institution” means a 367 school district career center established under s. 1001.44, a 368 charter technical career center established under s. 1002.34, or 369 a Florida College System institution identified in s. 1000.21 370 which offers the GATE Program pursuant to s. 1004.933. 371 (3) Subject to legislative appropriation, each 372 participating institution must receive $1,000 per student who 373 completes the GATE Program by completing the adult secondary 374 education program and the career education program within 3 375 years. If the student completed the adult secondary education 376 program and the career education programs at different 377 institutions, then each institution must receive $500. If funds 378 are insufficient to fully fund the calculated total award, such 379 funds must be prorated among the institutions. 380 (4) The State Board of Education may adopt rules to 381 implement this section. 382 Section 9. This act shall take effect July 1, 2024.