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, and basic 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, and
  203  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         1009.711GATE 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 in core curricula courses
  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 four two courses 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).
  294  The Department of Education shall develop a list of courses to
  295  be designated as core curricula courses for the purposes of
  296  coenrollment.
  297         Section 7. Section 1011.804, Florida Statutes, is created
  298  to read:
  299         1011.804GATE 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.