Bill Text: FL S0366 | 2021 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Educational Opportunities Leading to Employment
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-28 - Chapter No. 2021-162, companion bill(s) passed, see CS/CS/SB 1028 (Ch. 2021-35) [S0366 Detail]
Download: Florida-2021-S0366-Engrossed.html
Bill Title: Educational Opportunities Leading to Employment
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-28 - Chapter No. 2021-162, companion bill(s) passed, see CS/CS/SB 1028 (Ch. 2021-35) [S0366 Detail]
Download: Florida-2021-S0366-Engrossed.html
CS for CS for SB 366 First Engrossed
2021366e1
1 A bill to be entitled
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 providing that certain individuals enrolled in work
12 based learning are deemed to be employees of the state
13 for purposes of workers’ compensation coverage;
14 amending s. 1007.23, F.S.; requiring that the
15 statewide articulation agreement specify three
16 mathematics pathways that meet a certain requirement
17 upon which degree-seeking students must be placed;
18 amending s. 1007.263, F.S.; requiring admissions
19 counseling to use certain tests or alternative methods
20 to measure achievement of college-level communication
21 and computation by students entering college programs;
22 requiring that such counseling measure achievement of
23 certain basic skills; revising requirements for
24 admission to associate degree programs; amending s.
25 1007.271, F.S.; revising eligibility requirements for
26 initial enrollment in college-level dual enrollment
27 courses; revising requirements for home education
28 students seeking dual enrollment in certain
29 postsecondary institutions; amending s. 1008.30, F.S.;
30 requiring the State Board of Education to adopt, by a
31 specified date, rules establishing alternative methods
32 for assessing communication and computation skills of
33 certain students; authorizing Florida College System
34 institutions to use such alternative methods in lieu
35 of the common placement test to assess a student’s
36 readiness to perform college-level work in
37 communication and computation; deleting obsolete
38 provisions; requiring Florida College System
39 institutions to use placement test results or
40 alternative methods to determine the extent to which
41 certain students demonstrate sufficient communication
42 and computation skills to indicate readiness for their
43 meta-major; requiring Florida College System
44 institutions to counsel and place certain students in
45 specified college courses; limiting students’
46 developmental education to content needed for success
47 in their meta-major; conforming provisions to changes
48 made by the act; making technical changes; amending s.
49 1009.25, F.S.; authorizing the State Board of
50 Education to adopt specified rules and the Board of
51 Governors to adopt specified regulations; amending s.
52 1009.52, F.S.; revising the eligibility requirements
53 for Florida postsecondary student assistance grants;
54 providing an appropriation; authorizing positions;
55 providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Section 445.06, Florida Statutes, is amended to
60 read:
61 445.06 Florida Ready to Work Credential Certification
62 Program.—
63 (1) There is created the Florida Ready to Work Credential
64 Certification Program to enhance the employability workplace
65 skills of Floridians and to better prepare them for successful
66 employment in specific occupations.
67 (2) Training required to be eligible for a credential under
68 the Florida Ready to Work Certification program may be conducted
69 in public middle and high schools, Florida College System
70 institutions, technical centers, one-stop career centers,
71 vocational rehabilitation centers, Department of Corrections
72 facilities, and Department of Juvenile Justice educational
73 facilities. Such training may also be made available at The
74 program may be made available to other entities that provide job
75 training. The Department of Economic Opportunity, in
76 coordination with the Department of Education, shall establish
77 institutional readiness criteria for program implementation.
78 (3) The Florida Ready to Work Certification program shall
79 be composed of:
80 (a) A comprehensive identification by the Department of
81 Economic Opportunity and the Department of Education of
82 employability skills currently in demand by employers,
83 including, but not limited to, professionalism, time management,
84 communication, problem-solving, collaboration, resilience,
85 digital literacy skills, and academic skills such as mathematics
86 and reading of workplace skills for each occupation identified
87 for inclusion in the program by the Department of Economic
88 Opportunity and the Department of Education.
89 (b) A preinstructional assessment that delineates an
90 individual’s mastery level for on the employability on the
91 specific workplace skills identified pursuant to paragraph (a)
92 for that occupation.
93 (c) An A targeted instructional program targeting the
94 limited to those identified employability workplace skills in
95 which the individual is not proficient as measured by the
96 preinstructional assessment. Instruction must utilize a web
97 based program and be customizable customized to meet identified
98 specific needs of local employers.
99 (d) An employability A Florida Ready to Work Credential and
100 portfolio to be awarded to individuals upon successful
101 completion of the instruction. Each portfolio must delineate the
102 skills demonstrated by the individual as evidence of the
103 individual’s preparation for employment.
104 (4) An employability A Florida Ready to Work credential
105 shall be awarded to an individual who successfully passes
106 assessments which measure the skills identified in paragraph
107 (3)(a) in Reading for Information, Applied Mathematics, and
108 Locating Information or any other assessments of comparable
109 rigor. Each assessment shall be scored on a scale of 3 to 7. The
110 level of the credential each individual receives is based on the
111 following:
112 (a) A bronze-level credential requires a minimum score of 3
113 or above on each of the assessments.
114 (b) A silver-level credential requires a minimum score of 4
115 or above on each of the assessments.
116 (c) A gold-level credential requires a minimum score of 5
117 or above on each of the assessments.
118 (5) The Department of Economic Opportunity, in consultation
119 with the Department of Education, shall may adopt rules pursuant
120 to ss. 120.536(1) and 120.54 to implement the provisions of this
121 section.
122 Section 2. Section 446.54, Florida Statutes, is created to
123 read:
124 446.54 Work-based learning.—
125 (1) A student in grades 6 through 12 who is enrolled in a
126 course identified in the Course Code Directory which
127 incorporates a work-based learning component or an activity that
128 is unpaid is deemed to be an employee of the state for purposes
129 of workers’ compensation coverage.
130 (2) An individual 18 years of age or younger who is
131 enrolled in a preapprenticeship program as defined in s.
132 446.021(5) which requires work-based learning is deemed to be an
133 employee of the state for purposes of workers’ compensation
134 coverage.
135 Section 3. Present subsections (3) through (8) of section
136 1007.23, Florida Statutes, are redesignated as subsections (4)
137 through (9), respectively, and a new subsection (3) is added to
138 that section, to read:
139 1007.23 Statewide articulation agreement.—
140 (3) To facilitate seamless transfer of credits, reduce
141 excess credit hours, and ensure students take the courses needed
142 for their future career, the articulation agreement must
143 establish three mathematics pathways for students by aligning
144 mathematics courses to programs, meta-majors, and careers. A
145 representative committee consisting of State University System
146 faculty, faculty of career centers established under s. 1001.44,
147 and Florida College System institution faculty shall collaborate
148 to identify the three mathematics pathways and the mathematics
149 course sequence within each pathway which align to the
150 mathematics skills needed for success in the corresponding
151 academic programs and careers.
152 Section 4. Subsection (1) and paragraph (a) of subsection
153 (2) of section 1007.263, Florida Statutes, are amended to read:
154 1007.263 Florida College System institutions; admissions of
155 students.—Each Florida College System institution board of
156 trustees is authorized to adopt rules governing admissions of
157 students subject to this section and rules of the State Board of
158 Education. These rules shall include the following:
159 (1) Admissions counseling shall be provided to all students
160 entering college or career credit programs. For students who are
161 not otherwise exempt from testing under s. 1008.30, counseling
162 must use the tests or alternative methods established by the
163 State Board of Education under s. 1008.30 to measure achievement
164 of college-level communication and computation competencies by
165 students entering college credit programs or tests to measure
166 achievement of basic skills for career education programs as
167 prescribed in s. 1004.91. Counseling must measure achievement of
168 basic skills for career education programs under s. 1004.91.
169 Counseling includes providing developmental education options
170 for students whose assessment results, determined under s.
171 1008.30, indicate that they need to improve communication or
172 computation skills that are essential to perform college-level
173 work.
174 (2) Admission to associate degree programs is subject to
175 minimum standards adopted by the State Board of Education and
176 shall require:
177 (a) A standard high school diploma;, a State of Florida
178 high school equivalency diploma awarded under s. 1003.435(2); a
179 high school equivalency diploma issued by another state which is
180 recognized as equivalent by State Board of Education rule and is
181 based on an assessment recognized by the United States
182 Department of Education; as prescribed in s. 1003.435,
183 previously demonstrated competency in college credit
184 postsecondary coursework;, or, in the case of a student who is
185 home educated, a signed affidavit submitted by the student’s
186 parent or legal guardian attesting that the student has
187 completed a home education program pursuant to the requirements
188 of s. 1002.41. Students who are enrolled in a dual enrollment or
189 early admission program pursuant to s. 1007.271 are exempt from
190 this requirement.
191
192 Each board of trustees shall establish policies that notify
193 students about developmental education options for improving
194 their communication or computation skills that are essential to
195 performing college-level work, including tutoring, extended time
196 in gateway courses, free online courses, adult basic education,
197 adult secondary education, or private provider instruction.
198 Section 5. Subsection (3) and paragraph (b) of subsection
199 (13) of section 1007.271, Florida Statutes, are amended to read:
200 1007.271 Dual enrollment programs.—
201 (3) Student eligibility requirements for initial enrollment
202 in college credit dual enrollment courses must include a 3.0
203 unweighted high school grade point average and a demonstrated
204 level of achievement of college-level communication and
205 computation skills as provided under s. 1008.30(1) or (2) the
206 minimum score on a common placement test adopted by the State
207 Board of Education which indicates that the student is ready for
208 college-level coursework. Student eligibility requirements for
209 continued enrollment in college credit dual enrollment courses
210 must include the maintenance of a 3.0 unweighted high school
211 grade point average and the minimum postsecondary grade point
212 average established by the postsecondary institution. Regardless
213 of meeting student eligibility requirements for continued
214 enrollment, a student may lose the opportunity to participate in
215 a dual enrollment course if the student is disruptive to the
216 learning process such that the progress of other students or the
217 efficient administration of the course is hindered. Student
218 eligibility requirements for initial and continued enrollment in
219 career certificate dual enrollment courses must include a 2.0
220 unweighted high school grade point average. Exceptions to the
221 required grade point averages may be granted on an individual
222 student basis if the educational entities agree and the terms of
223 the agreement are contained within the dual enrollment
224 articulation agreement established under pursuant to subsection
225 (21). Florida College System institution boards of trustees may
226 establish additional initial student eligibility requirements,
227 which shall be included in the dual enrollment articulation
228 agreement, to ensure student readiness for postsecondary
229 instruction. Additional requirements included in the agreement
230 may not arbitrarily prohibit students who have demonstrated the
231 ability to master advanced courses from participating in dual
232 enrollment courses or limit the number of dual enrollment
233 courses in which a student may enroll based solely upon
234 enrollment by the student at an independent postsecondary
235 institution.
236 (13)
237 (b) Each public postsecondary institution eligible to
238 participate in the dual enrollment program pursuant to s.
239 1011.62(1)(i) must enter into a home education articulation
240 agreement with each home education student seeking enrollment in
241 a dual enrollment course and the student’s parent. By August 1
242 of each year, the eligible postsecondary institution shall
243 complete and submit the home education articulation agreement to
244 the Department of Education. The home education articulation
245 agreement must include, at a minimum:
246 1. A delineation of courses and programs available to
247 dually enrolled home education students. Courses and programs
248 may be added, revised, or deleted at any time by the
249 postsecondary institution. Any course or program limitations may
250 not exceed the limitations for other dually enrolled students.
251 2. The initial and continued eligibility requirements for
252 home education student participation, not to exceed those
253 required of other dually enrolled students. A high school grade
254 point average may not be required for home education students
255 who demonstrate achievement of college-level communication and
256 computation skills as provided under s. 1008.30(1) or (2) meet
257 the minimum score on a common placement test adopted by the
258 State Board of Education which indicates that the student is
259 ready for college-level coursework; however, home education
260 student eligibility requirements for continued enrollment in
261 dual enrollment courses must include the maintenance of the
262 minimum postsecondary grade point average established by the
263 postsecondary institution.
264 3. The student’s responsibilities for providing his or her
265 own transportation.
266 4. A copy of the statement on transfer guarantees developed
267 by the Department of Education under subsection (15).
268 Section 6. Section 1008.30, Florida Statutes, is amended to
269 read:
270 1008.30 Assessing college-level communication and
271 computation skills Common placement testing for public
272 postsecondary education.—
273 (1) The State Board of Education, in conjunction with the
274 Board of Governors, shall develop and implement a common
275 placement test for the purpose of assessing the basic
276 communication and computation and communication skills of
277 students who intend to enter a degree program at any public
278 postsecondary educational institution. Alternative assessments
279 that may be accepted in lieu of the common placement test shall
280 also be identified in rule. Public postsecondary educational
281 institutions shall provide appropriate modifications of the test
282 instruments or test procedures for students with disabilities.
283 (2) By January 31, 2022, the State Board of Education shall
284 adopt rules to develop and implement alternative methods for
285 assessing the basic communication and computation skills of
286 students who intend to enter a degree program at a Florida
287 College System institution. Florida College System institutions
288 may use these alternative methods in lieu of the common
289 placement tests under subsection (1) to assess student readiness
290 for college-level work in communication and computation The
291 common placement testing program shall include the capacity to
292 diagnose basic competencies in the areas of English, reading,
293 and mathematics which are essential for success in meta-majors
294 and to provide test information to students on the specific
295 skills the student needs to attain.
296 (3) By October 31, 2013, the State Board of Education shall
297 establish by rule the test scores a student must achieve to
298 demonstrate readiness to perform college-level work, and The
299 rules adopted under subsection (2) must specify the following:
300 (a) A student who entered 9th grade in a Florida public
301 school in the 2003-2004 school year, or any year thereafter, and
302 earned a Florida standard high school diploma or a student who
303 is serving as an active duty member of any branch of the United
304 States Armed Services is shall not be required to be assessed
305 for readiness for college-level work in communication and
306 computation take the common placement test and is shall not be
307 required to enroll in developmental education instruction in a
308 Florida College System institution. However, a student who is
309 not required to be assessed for readiness for college-level work
310 in communication and computation take the common placement test
311 and is not required to enroll in developmental education under
312 this paragraph may opt to be assessed and to enroll in
313 developmental education instruction, and the college shall
314 provide such assessment and instruction upon the student’s
315 request.
316 (b) A student who is assessed for readiness for college
317 level computation and communication and whose assessment results
318 indicate takes the common placement test and whose score on the
319 test indicates a need for developmental education must be
320 advised of all the developmental education options offered at
321 the institution and, after advisement, may shall be allowed to
322 enroll in the developmental education option of his or her
323 choice.
324 (c) A student who demonstrates readiness by achieving or
325 exceeding the test scores established by the state board and
326 enrolls in a Florida College System institution within 2 years
327 after achieving such scores shall not be required to retest or
328 complete developmental education when admitted to any Florida
329 College System institution.
330 (4) By December 31, 2013, the State Board of Education, in
331 consultation with the Board of Governors, shall approve a series
332 of meta-majors and the academic pathways that identify the
333 gateway courses associated with each meta-major. Florida College
334 System institutions shall use placement test results to
335 determine the extent to which each student demonstrates
336 sufficient communication and computation skills to indicate
337 readiness for his or her chosen meta-major. Florida College
338 System institutions shall counsel students into college credit
339 courses as quickly as possible, with developmental education
340 limited to that content needed for success in the meta-major.
341 (5)(a) Each Florida College System institution board of
342 trustees shall develop a plan to implement the developmental
343 education strategies defined in s. 1008.02 and rules established
344 by the State Board of Education. The plan must be submitted to
345 the Chancellor of the Florida College System for approval no
346 later than March 1, 2014, for implementation no later than the
347 fall semester 2014. Each plan must include, at a minimum, local
348 policies that outline:
349 1. Documented student achievements such as grade point
350 averages, work history, military experience, participation in
351 juried competitions, career interests, degree major declaration,
352 or any combination of such achievements that the institution may
353 consider, in addition to common placement test scores, for
354 advising students regarding enrollment options.
355 2. Developmental education strategies available to
356 students.
357 3. A description of student costs and financial aid
358 opportunities associated with each option.
359 4. Provisions for the collection of student success data.
360 5. A comprehensive plan for advising students into
361 appropriate developmental education strategies based on student
362 success data.
363 (b) Beginning October 31, 2015, Each Florida College System
364 institution shall use placement test results or alternative
365 methods as established by the State Board of Education to
366 determine the extent to which each student demonstrates
367 sufficient communication and computation skills to indicate
368 readiness for his or her chosen meta-major. Florida College
369 System institutions shall counsel students into college credit
370 courses as quickly as possible, with developmental education
371 limited to that content needed for success in the meta-major
372 annually prepare an accountability report that includes student
373 success data relating to each developmental education strategy
374 implemented by the institution. The report shall be submitted to
375 the Division of Florida Colleges by October 31 in a format
376 determined by the Chancellor of the Florida College System. By
377 December 31, the chancellor shall compile and submit the
378 institutional reports to the Governor, the President of the
379 Senate, the Speaker of the House of Representatives, and the
380 State Board of Education.
381 (c) A university board of trustees may contract with a
382 Florida College System institution board of trustees for the
383 Florida College System institution to provide developmental
384 education on the state university campus. Any state university
385 in which the percentage of incoming students requiring
386 developmental education equals or exceeds the average percentage
387 of such students for the Florida College System may offer
388 developmental education without contracting with a Florida
389 College System institution; however, any state university
390 offering college-preparatory instruction as of January 1, 1996,
391 may continue to provide developmental education instruction as
392 defined in s. 1008.02(1).
393 (5)(6) A student may not be enrolled in a college credit
394 mathematics or English course on a dual enrollment basis unless
395 the student has demonstrated adequate precollegiate preparation
396 in on the section of the basic computation and communication and
397 computation skills assessment required pursuant to subsection
398 (1) that is appropriate for successful student participation in
399 the course.
400 Section 7. Paragraph (f) of subsection (1) of section
401 1009.25, Florida Statutes, is amended to read:
402 1009.25 Fee exemptions.—
403 (1) The following students are exempt from the payment of
404 tuition and fees, including lab fees, at a school district that
405 provides workforce education programs, Florida College System
406 institution, or state university:
407 (f) A student who lacks a fixed, regular, and adequate
408 nighttime residence or whose primary nighttime residence is a
409 public or private shelter designed to provide temporary
410 residence, a public or private transitional living program, or a
411 public or private place not designed for, or ordinarily used as,
412 a regular sleeping accommodation for human beings. This includes
413 a student who would otherwise meet the requirements of this
414 paragraph, as determined by a college or university, but for his
415 or her residence in college or university dormitory housing. The
416 State Board of Education may adopt rules and the Board of
417 Governors may adopt regulations regarding documentation and
418 procedures to implement this paragraph.
419 Section 8. Subsection (2) of section 1009.52, Florida
420 Statutes, is amended to read:
421 1009.52 Florida Postsecondary Student Assistance Grant
422 Program; eligibility for grants.—
423 (2)(a) Florida postsecondary student assistance grants may
424 be made only to full-time degree-seeking students who meet the
425 general requirements for student eligibility as provided in s.
426 1009.40, except as otherwise provided in this section. Such
427 grants shall be awarded for the amount of demonstrated unmet
428 need for tuition and fees and may not exceed the maximum annual
429 award amount specified in the General Appropriations Act. A
430 demonstrated unmet need of less than $200 shall render the
431 applicant ineligible for a Florida postsecondary student
432 assistance grant.
433 (a) Awards may be made to full-time degree-seeking students
434 who Recipients of such grants must have been accepted at a
435 postsecondary institution that is located in this state and that
436 is:
437 1. A private nursing diploma school approved by the Florida
438 Board of Nursing; or
439 2. A college or university licensed by the Commission for
440 Independent Education, excluding those institutions the students
441 of which are eligible to receive a Florida private student
442 assistance grant pursuant to s. 1009.51.
443 (b) Awards may be made to full-time certificate-seeking
444 students who have been accepted at an aviation maintenance
445 school that is located in this state, certified by the Federal
446 Aviation Administration, and licensed by the Commission for
447 Independent Education. Such student’s eligibility for the
448 renewal of an award shall be evaluated at the end of the
449 completion of 900 clock hours and, as a condition of renewal,
450 the student shall meet the requirements under s. 1009.40(1)(b).
451 (c) If funds are available, a student who received an award
452 in the fall or spring term may receive an award in the summer
453 term. Priority in the distribution of summer awards shall be
454 given to students who are within one semester, or equivalent, of
455 completing a degree or certificate program. No student may
456 receive an award for more than the equivalent of 9 semesters or
457 14 quarters of full-time enrollment, except as otherwise
458 provided in s. 1009.40(3). A student specified in paragraph (b)
459 is eligible for an award of up to 110 percent of the number of
460 clock hours required to complete the program in which the
461 student is enrolled.
462 (d)(b) A student applying for a Florida postsecondary
463 student assistance grant shall be required to apply for the Pell
464 Grant. The Pell Grant entitlement shall be considered when
465 conducting an assessment of the financial resources available to
466 each student.
467 (e)(c) Priority in the distribution of grant moneys may be
468 given to students who are within one semester, or equivalent, of
469 completing a degree or certificate program. An institution may
470 not make a grant from this program to a student whose expected
471 family contribution exceeds one and one-half times the maximum
472 Pell Grant-eligible family contribution. An institution may not
473 impose additional criteria to determine a student’s eligibility
474 to receive a grant award.
475 (f)(d) Each participating institution shall report to the
476 department by the established date the students eligible for the
477 program for each academic term. Each institution shall also
478 report to the department necessary demographic and eligibility
479 data for such students.
480 Section 9. For the 2021-2022 Fiscal Year, the nonrecurring
481 sum of $2 million is appropriated from the General Revenue Fund
482 to the State Risk Management Trust Fund in the Department of
483 Financial Services for workers’ compensation costs associated
484 with participants under s. 446.54, Florida Statutes. The funds
485 may not be included or combined with the premiums otherwise due
486 from the Department of Education pursuant to chapter 284,
487 Florida Statutes, but must be credited on behalf of the
488 Department of Education.
489 Section 10. For the 2021-2022 fiscal year, two full-time
490 equivalent positions with associated salary rate of 76,787 are
491 authorized, and the sums of $127,190 in recurring funds and
492 $7,790 in nonrecurring funds from the State Risk Management
493 Trust Fund are appropriated to the Department of Financial
494 Services for the purpose of implementing the workers’
495 compensation coverage provisions of this act.
496 Section 11. This act shall take effect July 1, 2021.
