| 1 | A bill to be entitled |
| 2 | An act relating to the College and Career Transition |
| 3 | Assistance Act; providing a short title; providing |
| 4 | definitions; providing legislative findings and intent; |
| 5 | establishing a school-to-work program to be operated in |
| 6 | any school, Department of Juvenile Justice facility, or |
| 7 | charter school; providing requirements for participation |
| 8 | in the program; creating an endowment fund within the |
| 9 | Florida Endowment Foundation for Florida's Graduates; |
| 10 | providing for the investment and deposit of funds in the |
| 11 | foundation's operating account; creating the Florida |
| 12 | Endowment Foundation for Florida's Graduates as a direct- |
| 13 | support organization; establishing a board of directors to |
| 14 | administer the foundation; providing for membership; |
| 15 | providing for ex officio members of the board; providing |
| 16 | terms; providing powers and duties; providing for the |
| 17 | distribution of earnings on the endowment fund principal; |
| 18 | requiring an annual audit report; requiring that the board |
| 19 | submit a report to the Governor, the Legislature, and the |
| 20 | Commissioner of Education; requiring that the Department |
| 21 | of Education adopt rules; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. College and Career Transition Assistance Act.- |
| 26 | (1) SHORT TITLE.-This section may be cited as the "College |
| 27 | and Career Transition Assistance Act." |
| 28 | (2) DEFINITIONS.-For the purposes of this section, the |
| 29 | term: |
| 30 | (a) "Board" means the board of directors of the Florida |
| 31 | Endowment Foundation for Florida's Graduates. |
| 32 | (b) "Department" means the Department of Education. |
| 33 | (c) "Endowment fund" means an account established within |
| 34 | the Florida Endowment Foundation for Florida's Graduates to |
| 35 | provide a continuing and growing source of revenue for efforts |
| 36 | relating to the transition from school to work. |
| 37 | (d) "Foundation" means the Florida Endowment Foundation |
| 38 | for Florida's Graduates. |
| 39 | (e) "Operating account" means an account established under |
| 40 | paragraph (8)(h) in order to carry out the purposes provided in |
| 41 | this section. |
| 42 | (3) LEGISLATIVE FINDINGS AND INTENT.-The Legislature finds |
| 43 | that it is in the best interest of the state to have a well- |
| 44 | educated and skilled workforce in order to be competitive in a |
| 45 | changing economy. It is the intent of the Legislature to ensure |
| 46 | a skilled workforce by creating a formal program that |
| 47 | facilitates the important transition from school to work and |
| 48 | provide additional funding to achieve this goal. Therefore, the |
| 49 | Legislature finds that it is: |
| 50 | (a) Important to increase each student's understanding of |
| 51 | postsecondary educational opportunities and career and work- |
| 52 | readiness skills. |
| 53 | (b) Appropriate to encourage individual and corporate |
| 54 | support and involvement, as well as state support and |
| 55 | involvement, to promote employment opportunities for Florida's |
| 56 | students. |
| 57 | (4) SCHOOL-TO-WORK PROGRAMS.-Except as otherwise provided |
| 58 | by law or by department rule, there is established a school-to- |
| 59 | work program that shall be operated according to the process and |
| 60 | outcome standards of the department's initiatives. |
| 61 | (a) A school-to-work program may be operated in any school |
| 62 | district, Department of Juvenile Justice facility, or charter |
| 63 | school. |
| 64 | (b) Participating organizations must be demographically |
| 65 | balanced to include urban and rural schools and be comprised of |
| 66 | schools in all geographic areas of the state. Each school that |
| 67 | is selected to participate in a school-to-work program shall |
| 68 | enter into a formal written agreement with the State Board of |
| 69 | Education which, at a minimum, details the responsibilities of |
| 70 | each party and the process and goals of the program. |
| 71 | (c) Each participating school, Department of Juvenile |
| 72 | Justice facility, or charter school shall select and approve |
| 73 | each student for participation in the school-to-work program |
| 74 | based on a student's classification as an at-risk student. |
| 75 | (5) REVENUE FOR THE ENDOWMENT FUND.- |
| 76 | (a) An endowment fund is created as a long-term, stable, |
| 77 | and growing source of revenue which shall be administered by the |
| 78 | foundation pursuant to rules adopted by the department. |
| 79 | (b) The principal of the endowment fund shall consist of |
| 80 | legislative appropriations and bequests, gifts, grants, or |
| 81 | donations solicited from public or private sources by the |
| 82 | foundation. |
| 83 | (c) The foundation shall invest and reinvest moneys from |
| 84 | the principal of the endowment fund pursuant to ss. 215.44- |
| 85 | 215.53, Florida Statutes. Interest and investment income earned |
| 86 | from moneys in the endowment fund shall be annually transmitted |
| 87 | to the foundation, based upon a fiscal year beginning July 1 and |
| 88 | ending June 30, and shall be deposited in the foundation's |
| 89 | operating account for distribution as provided in this section. |
| 90 | (6) THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S |
| 91 | GRADUATES.- |
| 92 | (a) The Florida Endowment Foundation for Florida's |
| 93 | Graduates is created as a direct-support organization within the |
| 94 | Department of Education to encourage public and private support |
| 95 | and enhance the transition of students from school to work. As a |
| 96 | direct-support organization, the foundation shall operate under |
| 97 | contract with the department and shall be: |
| 98 | 1. A Florida corporation, not for profit, incorporated |
| 99 | under chapter 617, Florida Statutes, and approved by the |
| 100 | Department of State. |
| 101 | 2. Organized and operated exclusively to raise funds; |
| 102 | submit requests and receive grants from the Federal Government, |
| 103 | the state, private foundations, and individuals; receive, hold, |
| 104 | and administer property; and make expenditures to or for the |
| 105 | benefit of school-to-work transition programs approved by the |
| 106 | board of directors of the foundation. |
| 107 | (b) As a direct-support organization, the foundation |
| 108 | shall: |
| 109 | 1. Maintain articles of incorporation. |
| 110 | 2. Maintain a board of directors recommended by the |
| 111 | Commissioner of Education and appointed by the Governor. |
| 112 | 3. Maintain an external annual audit. |
| 113 | 4. Provide a mechanism for the reversion to the state of |
| 114 | moneys in the foundation and in any other funds and accounts |
| 115 | held in trust by the foundation if the foundation is dissolved. |
| 116 | (7) BOARD OF DIRECTORS.-The foundation shall be |
| 117 | administered by a board of directors, as follows: |
| 118 | (a) The board shall consist of 15 members, at least 9 of |
| 119 | whom must be from the private sector. The remaining members may |
| 120 | be from the public sector and must include representatives from |
| 121 | secondary education, vocational education, and job-training |
| 122 | programs. The chair may be from the private sector or the public |
| 123 | sector. |
| 124 | (b) Each member shall have an interest in the transition |
| 125 | of students from school to work and, if practicable, shall have: |
| 126 | 1. Skills relating to work in a foundation or fundraising |
| 127 | activities, financial consulting, investment banking, or other |
| 128 | related experience; or |
| 129 | 2. Experience in policymaking or executive-level positions |
| 130 | or have distinguished themselves in the fields of education, |
| 131 | business, or industry. |
| 132 | (c) The Governor, the Commissioner of Education, the |
| 133 | director of the Agency for Workforce Innovation, the Secretary |
| 134 | of Juvenile Justice, the Secretary of Children and Family |
| 135 | Services, and the chairs of the legislative education |
| 136 | appropriations committees shall be ex officio members of board. |
| 137 | 1. The chair shall be appointed for a term of 2 years and |
| 138 | may be reappointed. However, a chair may not serve more than 6 |
| 139 | consecutive years. |
| 140 | 2. Board members shall be appointed to serve 3-year terms |
| 141 | or until resignation or removal for cause, except that members |
| 142 | appointed to serve initial terms shall be appointed to staggered |
| 143 | terms of 1, 2, and 3 years, respectively. |
| 144 | (d) A new member shall be appointed if a vacancy occurs on |
| 145 | the board because of an occurrence other than the expiration of |
| 146 | a term. |
| 147 | (e) Each member is accountable to the Commissioner of |
| 148 | Education for the proper performance of his or her duties. The |
| 149 | commissioner may remove any member from office for malfeasance, |
| 150 | misfeasance, neglect of duty, incompetence, or the permanent |
| 151 | inability to perform official duties or for pleading nolo |
| 152 | contendere to, or being found guilty of, a crime. |
| 153 | (8) ORGANIZATION, POWERS, AND DUTIES.-Within the limits |
| 154 | prescribed in this section or by department rule: |
| 155 | (a) Upon appointment of its members, the board shall meet |
| 156 | and organize. Thereafter, the board shall hold such meetings as |
| 157 | are necessary to administer this section and shall conduct its |
| 158 | business in accordance with rules adopted by the department. |
| 159 | (b) The board may solicit and receive bequests, gifts, |
| 160 | grants, donations, goods, and services. Any gift that is |
| 161 | restricted as to its purpose may be used only for the purpose or |
| 162 | purposes stated by the donor. |
| 163 | (c) The board may enter into contracts with the Federal |
| 164 | Government, the state, local agencies, private entities, or |
| 165 | individuals in order to carry out the purposes of this section. |
| 166 | (d) The board may identify, initiate, and fund programs to |
| 167 | carry out the purposes of this section. |
| 168 | (e) The board may make gifts or grants to: |
| 169 | 1. The state, or any political subdivision thereof, or any |
| 170 | public agency of state or local government. |
| 171 | 2. A corporation, trust, association, or foundation |
| 172 | organized and operated exclusively for charitable, educational, |
| 173 | or scientific purposes. |
| 174 | 3. The Department of Education, for purposes of program |
| 175 | recognition and marketing, public relations and education, |
| 176 | professional development, and technical assistance and workshops |
| 177 | for grant applicants and recipients and the business community. |
| 178 | (f) The board may advertise and solicit applications for |
| 179 | funding and shall evaluate applications and program proposals |
| 180 | submitted to the board. |
| 181 | (g) The board shall monitor, review, and annually evaluate |
| 182 | funded programs to determine whether funding should be |
| 183 | continued, terminated, reduced, or increased. |
| 184 | (h) The board shall establish an operating account for the |
| 185 | deposit of funds to be used in carrying out the purposes of this |
| 186 | section. |
| 187 | (i) The board shall operate the programs to ensure that |
| 188 | the goals of this section are met and shall recommend to the |
| 189 | Department of Education the adoption of rules as may be |
| 190 | necessary. |
| 191 | (j) The board may take such additional actions, including |
| 192 | independently organizing and conducting hiring, as are deemed |
| 193 | necessary and appropriate to administer the provisions of this |
| 194 | section. An employment position with the board is not state |
| 195 | employment. |
| 196 | (9) DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND PRINCIPAL.- |
| 197 | The board shall use the moneys in the operating account, by |
| 198 | whatever means necessary, to provide for: |
| 199 | (a) Planning, research, and policy development for issues |
| 200 | related to school-to-work transition and publications and |
| 201 | dissemination of such information as may serve the objectives of |
| 202 | this section. |
| 203 | (b) Promotion of initiatives for school-to-work |
| 204 | transition. |
| 205 | (c) Funding of programs that engage in, contract for, |
| 206 | foster, finance, or aid in job training and counseling for |
| 207 | school-to-work transition research, education, or demonstration, |
| 208 | or other related activities. |
| 209 | (d) Funding of programs that engage in, contract for, |
| 210 | foster, finance, or aid in activities designed to advance better |
| 211 | public understanding and appreciation of the school-to-work |
| 212 | transition. |
| 213 | (10) ANNUAL AUDIT.-The board shall cause to be conducted |
| 214 | an annual audit of the foundation's financial accounts by an |
| 215 | independent certified public accountant in accordance with rules |
| 216 | adopted by the department. The annual audit report shall be |
| 217 | submitted to the Auditor General and the department for review. |
| 218 | The Auditor General and the department may require and receive |
| 219 | from the foundation, or from its independent auditor, any |
| 220 | relevant detail or supplemental data. |
| 221 | (11) ASSESSMENT OF PROGRAM RESULTS.-The success of the |
| 222 | programs shall be assessed as follows: |
| 223 | (a) The foundation shall review the program's activities |
| 224 | and submit a report to the Department of Education and the |
| 225 | Legislature on or before August 1 of each year. |
| 226 | (b) The foundation shall coordinate an ongoing |
| 227 | longitudinal study of participants to determine the overall |
| 228 | efficacy of the program. |
| 229 | (12) ANNUAL REPORT.-The board shall submit a report to the |
| 230 | Governor, the President of the Senate, the Speaker of the House |
| 231 | of Representatives, and the Commissioner of Education on or |
| 232 | before January 1 of each year, which summarizes the performance |
| 233 | of the endowment fund for the previous fiscal year and the |
| 234 | foundation's fundraising activities and performance, and details |
| 235 | those activities and programs supported by the earnings on the |
| 236 | endowment principal or by bequests, gifts, grants, donations, |
| 237 | and other valued goods and services received. |
| 238 | (13) RULES.-The Department of Education shall adopt rules |
| 239 | to administer this section. |
| 240 | Section 2. This act shall take effect July 1, 2010. |