Florida Senate - 2016 SB 726
By Senator Ring
29-00647A-16 2016726__
1 A bill to be entitled
2 An act relating to career and adult education;
3 amending s. 446.021, F.S.; redefining terms;
4 conforming provisions to changes made by the act;
5 amending s. 446.032, F.S.; conforming provisions to
6 changes made by the act; amending s. 446.045, F.S.;
7 revising the membership requirements for the State
8 Apprenticeship Advisory Council; amending s. 446.081,
9 F.S.; providing for construction; amending s. 446.091,
10 F.S.; conforming provisions to changes made by the
11 act; amending s. 446.092, F.S.; revising the
12 characteristics of an apprenticeable occupation;
13 amending s. 1003.435, F.S.; revising the requirements
14 for a candidate to take an examination for a high
15 school equivalency diploma after reaching the age of
16 16; amending s. 1004.015, F.S.; revising the
17 membership of the Higher Education Coordinating
18 Council; amending s. 1004.02, F.S.; revising the
19 definition of “applied technology diploma program”;
20 amending s. 1004.92, F.S.; revising the program
21 standards for career, adult, and community education
22 programs; providing for rulemaking; amending s.
23 1004.93, F.S.; deleting a requirement that adult
24 education programs prioritize students based on
25 certain criteria; revising the academic requirements
26 for students to whom an adult education program must
27 provide academic services; requiring school districts
28 or colleges offering an adult high school or high
29 school equivalency diploma preparation program to
30 offer an online option; deleting a requirement that
31 the State Board of Education define certain courses to
32 be funded by the developmental education program;
33 deleting the requirement that the state board
34 coordinate certain costs and standards for completion
35 of developmental education; deleting a provision
36 funding developmental education as an adult career
37 education program; deleting certain reporting
38 requirements for developmental education and lifelong
39 learning; deleting allocation requirements and certain
40 funding requirements for students in developmental
41 education; deleting the authority of Florida College
42 System institutions to review and reduce certain fees
43 for developmental education; deleting a restriction
44 that developmental education and lifelong learning
45 courses not generate credit toward certain college
46 degrees; amending s. 1008.44, F.S.; increasing the
47 maximum number of authorized CAPE Digital Tool
48 certificates; deleting a requirement that the CAPE
49 Industry Certification Funding List be updated solely
50 by the Chancellor of Career and Adult Education;
51 amending s. 1009.22, F.S.; revising tuition and fees
52 for specific workforce education programs; amending s.
53 1009.42, F.S.; revising the entities that must provide
54 a financial aid appeal process; reordering and
55 amending s. 1011.80, F.S.; requiring certain school
56 districts and Florida College System institutions to
57 maintain specified records; deleting the requirement
58 that funding for workforce education programs be based
59 on certain categories and measures; revising
60 operational and performance funding calculation and
61 allocation for workforce education programs; requiring
62 operational funding to be provided to school districts
63 for workforce education programs; providing
64 calculations for cost categories; providing that
65 performance funding shall be contingent upon specific
66 appropriation; removing the requirement for
67 CareerSource Florida, Inc., to provide the Legislature
68 with certain recommendations for distributing
69 performance funds; deleting provisions relating to a
70 program to assist in responding to the needs of new
71 and expanding businesses; conforming provisions to
72 changes made by this act; creating s. 1011.802, F.S.;
73 creating the Florida Apprenticeship Grant Program to
74 provide grants to certain career centers and Florida
75 College System institutions; requiring the Division of
76 Career and Adult Education within the Department of
77 Education to administer the program; requiring
78 applications to the program to contain certain
79 projections and costs; requiring the department to
80 give priority to certain apprenticeship programs;
81 specifying purposes for which grant funds may be used;
82 requiring grant recipients to submit quarterly
83 reports; creating s. 1011.803, F.S.; creating the
84 Rapid Response Grant Program to provide grants for the
85 expansion or implementation of certain postsecondary
86 programs at career centers; providing requirements for
87 application for the grant; requiring grant recipients
88 to submit quarterly reports; specifying purposes for
89 which grant funds may be used; requiring the
90 Department of Education to administer the program and
91 conduct annual analyses and assessments; providing an
92 effective date.
93
94 Be It Enacted by the Legislature of the State of Florida:
95
96 Section 1. Subsections (2), (4), and (9) of section
97 446.021, Florida Statutes, are amended to read:
98 446.021 Definitions of terms used in ss. 446.011-446.092.
99 As used in ss. 446.011-446.092, the term:
100 (2) “Apprentice” means a person at least 16 years of age
101 who is engaged in learning a recognized skilled trade through
102 actual work experience under the supervision of a journeyworker
103 journeymen craftsmen, which training should be combined with
104 properly coordinated studies of related technical and
105 supplementary subjects, and who has entered into a written
106 agreement, which may be cited as an apprentice agreement, with a
107 registered apprenticeship sponsor who may be either an employer,
108 an association of employers, or a local joint apprenticeship
109 committee.
110 (4) “Journeyworker Journeyman” means a worker recognized
111 within an industry as having mastered the skills and
112 competencies required for a specific trade or occupation. The
113 term includes a mentor, technician, specialist, or other skilled
114 worker who has sufficient skills and knowledge of an occupation,
115 either through formal apprenticeship or through practical on
116 the-job experience and formal training person working in an
117 apprenticeable occupation who has successfully completed a
118 registered apprenticeship program or who has worked the number
119 of years required by established industry practices for the
120 particular trade or occupation.
121 (9) “Related instruction” means an organized and systematic
122 form of instruction designed to provide the apprentice with
123 knowledge of the theoretical and technical subjects related to a
124 specific trade or occupation. Such instruction may be given in a
125 classroom through occupational or industrial courses or outside
126 of a classroom through correspondence courses of equivalent
127 value, electronic media, or other forms of self-study approved
128 by the department.
129 Section 2. Subsection (1) of section 446.032, Florida
130 Statutes, is amended to read:
131 446.032 General duties of the department for apprenticeship
132 training.—The department shall:
133 (1) Establish uniform minimum standards and policies
134 governing apprentice programs and agreements. The standards and
135 policies shall govern the terms and conditions of the
136 apprentice’s employment and training, including the quality
137 training of the apprentice for, but not limited to, such matters
138 as ratios of apprentices to journeyworkers journeymen, safety,
139 related instruction, and on-the-job training; but these
140 standards and policies may not include rules, standards, or
141 guidelines that require the use of apprentices and job trainees
142 on state, county, or municipal contracts. The department may
143 adopt rules necessary to administer the standards and policies.
144 Section 3. Paragraph (b) of subsection (2) of section
145 446.045, Florida Statutes, is amended to read:
146 446.045 State Apprenticeship Advisory Council.—
147 (2)
148 (b) The Commissioner of Education or the commissioner’s
149 designee shall serve ex officio as chair of the State
150 Apprenticeship Advisory Council, but may not vote. The state
151 director of the Office of Apprenticeship of the United States
152 Department of Labor shall serve ex officio as a nonvoting member
153 of the council. The Governor shall appoint to the council four
154 members representing employee organizations and four members
155 representing employer organizations. Each of these eight members
156 shall represent industries that have registered apprenticeship
157 programs. The Governor shall also appoint two public members who
158 are knowledgeable about registered apprenticeship and
159 apprenticeable occupations and who are independent of any joint
160 or nonjoint organization, one of whom shall be recommended by
161 joint organizations, and one of whom shall be recommended by
162 nonjoint organizations. Members shall be appointed for 4-year
163 staggered terms. A vacancy shall be filled for the remainder of
164 the unexpired term.
165 Section 4. Subsection (4) is added to section 446.081,
166 Florida Statutes, to read:
167 446.081 Limitation.—
168 (4) Sections 446.011-446.092, rules adopted under those
169 sections, or apprentice agreements approved under those sections
170 may not operate to invalidate any special provision for
171 veterans, minority persons, or women relating to the standards,
172 apprentice qualifications, or operation of the program which is
173 not otherwise prohibited by law, executive order, or authorized
174 regulation.
175 Section 5. Section 446.091, Florida Statutes, is amended to
176 read:
177 446.091 On-the-job training program.—All provisions of ss.
178 446.011-446.092 relating to apprenticeship and
179 preapprenticeship, including, but not limited to, programs,
180 agreements, standards, administration, procedures, definitions,
181 expenditures, local committees, powers and duties, limitations,
182 grievances, and ratios of apprentices and job trainees to
183 journeyworkers journeymen on state, county, and municipal
184 contracts, shall be appropriately adapted and made applicable to
185 a program of on-the-job training authorized under those
186 provisions for persons other than apprentices.
187 Section 6. Section 446.092, Florida Statutes, is amended to
188 read:
189 446.092 Criteria for apprenticeship occupations.—An
190 apprenticeable occupation is a skilled trade that which
191 possesses all of the following characteristics:
192 (1) It is customarily learned in a practical way through a
193 structured, systematic program of on-the-job, supervised
194 training.
195 (2) It is clearly identified and commonly recognized
196 throughout an the industry or recognized with a positive view
197 towards changing technology.
198 (3) It involves manual, mechanical, or technical skills and
199 knowledge that, in accordance with the industry standards for
200 that occupation, would which require a minimum of 2,000 hours of
201 on-the-job work and training, which hours are excluded from the
202 time spent at related instruction.
203 (4) It requires related instruction to supplement on-the
204 job training. Such instruction may be given in a classroom
205 through occupational or industrial courses or outside of a
206 classroom through correspondence courses of equivalent value,
207 electronic media, or other forms of self-study approved by the
208 department.
209 (5) It involves the development of skill sufficiently broad
210 to be applicable in like occupations throughout an industry,
211 rather than of restricted application to the products or
212 services of any one company.
213 (6) It does not fall into any of the following categories:
214 (a) Selling, retailing, or similar occupations in the
215 distributive field.
216 (b) Managerial occupations.
217 (c) Professional and scientific vocations for which
218 entrance requirements customarily require an academic degree.
219 Section 7. Subsection (4) of section 1003.435, Florida
220 Statutes, is amended to read:
221 1003.435 High school equivalency diploma program.—
222 (4) A candidate for a high school equivalency diploma shall
223 be at least 18 years of age on the date of the examination,
224 except that in extraordinary circumstances, as provided for in
225 rules of the district school board of the district in which the
226 candidate resides or attends school, a candidate may take the
227 examination after reaching the age of 16 if the student files a
228 formal declaration of intent to terminate school enrollment
229 pursuant to s. 1003.21.
230 Section 8. Present paragraphs (d) through (i) of subsection
231 (2) of section 1004.015, Florida Statutes, are redesignated as
232 paragraphs (e) through (j), respectively, and a new paragraph
233 (d) is added to that subsection, to read:
234 1004.015 Higher Education Coordinating Council.—
235 (2) Members of the council shall include:
236 (d) The Chancellor of Career and Adult Education.
237 Section 9. Subsection (7) of section 1004.02, Florida
238 Statutes, is amended to read:
239 1004.02 Definitions.—As used in this chapter:
240 (7) “Applied technology diploma program” means a course of
241 study that is part of a technical degree program, is less than
242 60 credit hours, and leads to employment in a specific
243 occupation. An applied technology diploma program consists may
244 consist of either technical credit or college credit and may be
245 offered by a public school district or a Florida College System
246 institution. A public school district may offer an applied
247 technology diploma program only as technical credit, with
248 college credit awarded to a student upon articulation to a
249 Florida College System institution. Statewide articulation among
250 public schools and Florida College System institutions is
251 guaranteed by s. 1007.23, and is subject to guidelines and
252 standards adopted by the State Board of Education pursuant to
253 ss. 1007.24 and 1007.25.
254 Section 10. Paragraph (b) of subsection (2) of section
255 1004.92, Florida Statutes, is amended, and subsection (4) is
256 added to that section, to read:
257 1004.92 Purpose and responsibilities for career education.—
258 (2)
259 (b) Department of Education accountability for career
260 education includes, but is not limited to:
261 1. The provision of timely, accurate technical assistance
262 to school districts and Florida College System institutions.
263 2. The provision of timely, accurate information to the
264 State Board of Education, the Legislature, and the public.
265 3. The development of policies, rules, and procedures that
266 facilitate institutional attainment of the accountability
267 standards and coordinate the efforts of all divisions within the
268 department.
269 4. The development of program standards and industry-driven
270 benchmarks for career, adult, and community education programs,
271 which must be updated every 3 years. The standards must reflect
272 the quality components of a career and technical education
273 program and include career, academic, and workplace skills;
274 viability of distance learning for instruction; and work/learn
275 cycles that are responsive to business and industry.
276 5. Overseeing school district and Florida College System
277 institution compliance with the provisions of this chapter.
278 6. Ensuring that the educational outcomes for the technical
279 component of career programs are uniform and designed to provide
280 a graduate who is capable of entering the workforce on an
281 equally competitive basis regardless of the institution of
282 choice.
283 (4) The State Board of Education shall adopt rules to
284 administer this section.
285 Section 11. Subsections (2) and (4) of section 1004.93,
286 Florida Statutes, are amended, present subsections (3) through
287 (9) of that section are redesignated as subsections (4) through
288 (10), respectively, and a new subsection (3) is added to that
289 section, to read:
290 1004.93 Adult general education.—
291 (2) The adult education program must provide academic
292 services to students in the following priority:
293 (a) Students who demonstrate skills at less than a fifth
294 grade level, as measured by tests approved for this purpose by
295 the State Board of Education, and who are studying to achieve
296 basic literacy.
297 (b) Students who demonstrate skills at the fifth grade
298 level or higher, but below the ninth grade level, as measured by
299 tests approved for this purpose by the State Board of Education,
300 and who are studying to achieve functional literacy.
301 (c) Students who are earning credit required for a high
302 school diploma or who are preparing for the high school
303 equivalency examination. Each school district or Florida College
304 System institution that offers an adult high school or high
305 school equivalency diploma preparation program must offer at
306 least one online option that enables students to earn a standard
307 high school diploma or its equivalent.
308 (d) Students who have earned high school diplomas and
309 require specific improvement in order to:
310 1. Obtain or maintain employment or benefit from
311 certificate career education programs;
312 2. Pursue a postsecondary degree; or
313 3. Develop competence in the English language to qualify
314 for employment.
315 (3) The adult education program may provide academic
316 services to the following:
317 (a)(e) Students who enroll in lifelong learning courses or
318 activities that seek to address community social and economic
319 issues that consist of health and human relations, government,
320 parenting, consumer economics, and senior citizens. Services may
321 be provided to these students only if all students seeking
322 services under subsection (2) have been served.
323 (b)(f) Students who enroll in courses that relate to the
324 recreational or leisure pursuits of the students. The cost of
325 courses conducted pursuant to this paragraph shall be borne by
326 the enrollees.
327 (5)(4)(a) Adult general education shall be evaluated and
328 funded as provided in s. 1011.80.
329 (b) Fees for adult basic instruction are to be charged in
330 accordance with chapter 1009.
331 (c) The State Board of Education shall define, by rule, the
332 levels and courses of instruction to be funded through the
333 developmental education program. The state board shall
334 coordinate the establishment of costs for developmental
335 education courses, the establishment of statewide standards that
336 define required levels of competence, acceptable rates of
337 student progress, and the maximum amount of time to be allowed
338 for completion of developmental education. Developmental
339 education is part of an associate in arts degree program and may
340 not be funded as an adult career education program.
341 (d) Expenditures for developmental education and lifelong
342 learning students shall be reported separately. Allocations for
343 developmental education shall be based on proportional full-time
344 equivalent enrollment. Program review results shall be included
345 in the determination of subsequent allocations. A student shall
346 be funded to enroll in the same developmental education class
347 within a skill area only twice, after which time the student
348 shall pay 100 percent of the full cost of instruction to support
349 the continuous enrollment of that student in the same class;
350 however, students who withdraw or fail a class due to
351 extenuating circumstances may be granted an exception only once
352 for each class, provided approval is granted according to policy
353 established by the board of trustees. Each Florida College
354 System institution shall have the authority to review and reduce
355 payment for increased fees due to continued enrollment in a
356 developmental education class on an individual basis contingent
357 upon the student’s financial hardship, pursuant to definitions
358 and fee levels established by the State Board of Education.
359 Developmental education and lifelong learning courses do not
360 generate credit toward an associate or baccalaureate degree.
361 (c)(e) A district school board or a Florida College System
362 institution board of trustees may negotiate a contract with the
363 regional workforce board for specialized services for
364 participants in the welfare transition program, beyond what is
365 routinely provided for the general public, to be funded by the
366 regional workforce board.
367 Section 12. Paragraph (b) of subsection (1) of section
368 1008.44, Florida Statutes, is amended to read:
369 1008.44 CAPE Industry Certification Funding List and CAPE
370 Postsecondary Industry Certification Funding List.—
371 (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
372 of Education shall, at least annually, identify, under rules
373 adopted by the State Board of Education, and the Commissioner of
374 Education may at any time recommend adding the following
375 certificates, certifications, and courses:
376 (b) No more than 30 15 CAPE Digital Tool certificates
377 limited to the areas of word processing; spreadsheets; sound,
378 motion, and color presentations; digital arts; cybersecurity;
379 and coding pursuant to s. 1003.4203(3) that do not articulate
380 for college credit. Such certificates shall be annually
381 identified on the CAPE Industry Certification Funding List and
382 updated solely by the Chancellor of Career and Adult Education.
383 The certificates shall be made available to students in
384 elementary school and middle school grades and, if earned by a
385 student, shall be eligible for additional full-time equivalent
386 membership pursuant to s. 1011.62(1)(o)1.
387 Section 13. Paragraph (c) of subsection (3) of section
388 1009.22, Florida Statutes, is amended, present paragraphs (d)
389 and (e) of that subsection are redesignated as paragraphs (e)
390 and (f), respectively, and a new paragraph (d) is added to that
391 subsection, to read:
392 1009.22 Workforce education postsecondary student fees.—
393 (3)
394 (c) Effective July 1, 2014, for programs leading to a
395 career certificate or an applied technology diploma, the
396 standard tuition shall be $2.33 per contact hour for residents
397 and nonresidents and the out-of-state fee shall be $6.99 per
398 contact hour. For adult general education programs, a block
399 tuition of $45 per half year or $30 per term shall be assessed.
400 Each district school board and Florida College System
401 institution board of trustees shall adopt policies and
402 procedures for the collection of and accounting for the
403 expenditure of the block tuition. All funds received from the
404 block tuition shall be used only for adult general education
405 programs. Students enrolled in adult general education programs
406 may not be assessed the fees authorized in subsection (5),
407 subsection (6), or subsection (7).
408 (d) Effective July 1, 2016, for programs leading to an
409 applied technology diploma, the standard tuition shall be $71.98
410 per credit hour for residents. Nonresidents shall pay an out-of
411 state fee of $215.94 per credit hour in addition to the standard
412 tuition.
413 Section 14. Subsection (2) of section 1009.42, Florida
414 Statutes, is amended to read:
415 1009.42 Financial aid appeal process.—
416 (2) The president of each state university and each Florida
417 College System institution, or each district school board that
418 operates a career center pursuant to s. 1001.44 or a charter
419 technical career center pursuant to s. 1002.34, shall establish
420 a procedure for appeal, by students, of grievances related to
421 the award or administration of financial aid at the institution.
422 Section 15. Section 1011.80, Florida Statutes, is reordered
423 and amended to read:
424 1011.80 Funds for operation of workforce education
425 programs.—
426 (1) As used in this section, the terms “workforce
427 education” and “workforce education program” include:
428 (a) Adult general education programs designed to improve
429 the employability skills of the state’s workforce as defined in
430 s. 1004.02(3).
431 (b) Career certificate programs, as defined in s.
432 1004.02(20).
433 (c) Applied technology diploma programs.
434 (d) Continuing workforce education courses.
435 (e) Degree career education programs.
436 (f) Apprenticeship and preapprenticeship programs as
437 defined in s. 446.021.
438 (2) A Any workforce education program may be conducted by a
439 Florida College System institution or a school district, except
440 that college credit in an associate in applied science or an
441 associate in science degree may be awarded only by a Florida
442 College System institution. However, if an associate in applied
443 science or an associate in science degree program contains
444 within it an occupational completion point that confers a
445 certificate or an applied technology diploma, that portion of
446 the program may be offered conducted by a school district career
447 center. Any Instruction designed to articulate to a degree
448 program is subject to guidelines and standards adopted by the
449 State Board of Education pursuant to s. 1007.25.
450 (3) Each school district and Florida College System
451 institution receiving state appropriations for workforce
452 education programs must maintain adequate and accurate records,
453 including a system to record school district workforce education
454 funding and expenditures, in order to maintain separation of
455 postsecondary workforce education expenditures from secondary
456 education expenditures. These records must be filed with the
457 Department of Education in correct and proper form on or before
458 the date due as provided by law or rule for each annual or
459 periodic report required by rule of the State Board of
460 Education.
461 (3) If a program for disabled adults pursuant to s. 1004.93
462 is a workforce program as defined in law, it must be funded as
463 provided in this section.
464 (4) Funding for all workforce education programs must be
465 based on cost categories, performance output measures, and
466 performance outcome measures.
467 (a) The cost categories must be calculated to identify
468 high-cost programs, medium-cost programs, and low-cost programs.
469 The cost analysis used to calculate and assign a program of
470 study to a cost category must include at least both direct and
471 indirect instructional costs, consumable supplies, equipment,
472 and standard program length.
473 (b) The performance output measure for an adult general
474 education course of study is measurable improvement in student
475 skills. This measure shall include improvement in literacy
476 skills, grade level improvement as measured by an approved test,
477 or attainment of a State of Florida diploma or an adult high
478 school diploma.
479 (c) The performance outcome measures for adult general
480 education programs are associated with placement and retention
481 of students after reaching a completion point or completing a
482 program of study. These measures include placement or retention
483 in employment. Continuing postsecondary education at a level
484 that will further enhance employment is a performance outcome
485 for adult general education programs.
486 (5) State funding and student fees for workforce education
487 instruction shall be established as follows:
488 (a) Expenditures for the continuing workforce education
489 programs provided by the Florida College System institutions or
490 school districts must be fully supported by fees. Enrollments in
491 continuing workforce education courses shall not be counted for
492 purposes of funding full-time equivalent enrollment.
493 (b) For all other workforce education programs, state
494 funding shall be calculated based on weighted enrollment and
495 program costs minus fee revenues generated to offset program
496 operating costs equal 75 percent of the average cost of
497 instruction with the remaining 25 percent made up from student
498 fees. Fees for courses within a program shall not vary according
499 to the cost of the individual program, but instead shall be as
500 provided in s. 1009.22 based on a uniform fee calculated and set
501 at the state level, as adopted by the State Board of Education,
502 unless otherwise specified in the General Appropriations Act.
503 (c) For fee-exempt students pursuant to s. 1009.25, unless
504 otherwise provided for in law, state funding shall equal 100
505 percent of the average cost of instruction.
506 (d) For a public educational institution that has been
507 fully funded by an external agency for direct instructional
508 costs of any course or program, the FTE generated shall not be
509 reported for state funding.
510 (6)(a) A school district or a Florida College System
511 institution that provides workforce education programs shall
512 receive funds in accordance with distributions for base and
513 performance funding established by the Legislature in the
514 General Appropriations Act. To ensure equitable funding for all
515 school district workforce education programs and to recognize
516 enrollment growth, the Department of Education shall use the
517 funding model developed by the District Workforce Education
518 Funding Steering Committee to determine each district’s
519 workforce education funding needs. To assist the Legislature in
520 allocating workforce education funds in the General
521 Appropriations Act, the funding model shall annually be provided
522 to the legislative appropriations committees no later than March
523 1.
524 (b) The department shall provide operational funding to
525 school districts for workforce education programs based on
526 weighted student enrollment and program costs determined by cost
527 categories. The cost categories must be calculated to identify
528 high-cost programs, medium-cost programs, and low-cost programs.
529 The cost analysis used to calculate and assign a program of
530 study to a cost category must include at least both direct and
531 indirect instructional costs, consumable supplies, equipment,
532 and standard program length.
533 (7) Performance funding for workforce education programs
534 shall be contingent upon specific appropriation in the General
535 Appropriations Act. To assist the Legislature in determining
536 performance funding allocations, the State Board of Education
537 shall provide the Legislature with recommended formulas,
538 criteria, timeframes, and mechanisms for distributing
539 performance funds no later than March 1. In its recommendation,
540 the board shall reward programs that:
541 (a) Prepare people to enter high-skill and high-wage
542 occupations identified by the Workforce Estimating Conference
543 pursuant to s. 216.136 and other programs as approved by
544 Workforce Florida, Inc. At a minimum, performance incentives
545 shall be calculated for adults who reach completion points or
546 complete programs that lead to specified high-wage employment
547 and to their placement in that employment.
548 (b) Prepare adults who are eligible for public assistance,
549 economically disadvantaged, disabled, not proficient in English,
550 or dislocated workers for high-wage occupations. At a minimum,
551 performance incentives shall be calculated at an enhanced value
552 for the adults identified in this paragraph who complete
553 programs of study and are placed in jobs. In addition,
554 adjustments may be made in payments for job placements for areas
555 of high unemployment.
556 (c) Increase student achievement in adult general education
557 courses by measuring performance output and performance
558 outcomes.
559 1. The performance output measure for an adult general
560 education course of study is measurable improvement in student
561 skills. This measure shall include improvement in literacy
562 skills, grade-level improvement as measured by an approved test,
563 or attainment of a State of Florida diploma or an adult high
564 school diploma.
565 2. The performance outcome measures for adult general
566 education programs are associated with placement and retention
567 of students after reaching a completion point or completing a
568 program of study. These measures include placement or retention
569 in employment. Continuing postsecondary education at a level
570 that will further enhance employment is a performance outcome
571 for adult general education programs.
572 (d)(b) Award industry certifications. Performance funding
573 for industry certifications for school district workforce
574 education programs is contingent upon specific appropriation in
575 the General Appropriations Act and shall be determined as
576 follows:
577 1. Occupational areas for which industry certifications may
578 be earned, as established in the General Appropriations Act, are
579 eligible for performance funding. Priority shall be given to the
580 occupational areas emphasized in state, national, or corporate
581 grants provided to Florida educational institutions.
582 2. The Chancellor of Career and Adult Education shall
583 identify the industry certifications eligible for funding on the
584 CAPE Postsecondary Industry Certification Funding List approved
585 by the State Board of Education pursuant to s. 1008.44, based on
586 the occupational areas specified in the General Appropriations
587 Act.
588 3. Each school district shall be provided $1,000 for each
589 industry certification earned by a workforce education student.
590 The maximum amount of funding appropriated for performance
591 funding pursuant to this paragraph shall be limited to $15
592 million annually. If funds are insufficient to fully fund the
593 calculated total award, such funds shall be prorated.
594 (c) A program is established to assist school districts and
595 Florida College System institutions in responding to the needs
596 of new and expanding businesses and thereby strengthening the
597 state’s workforce and economy. The program may be funded in the
598 General Appropriations Act. The district or Florida College
599 System institution shall use the program to provide customized
600 training for businesses which satisfies the requirements of s.
601 288.047. Business firms whose employees receive the customized
602 training must provide 50 percent of the cost of the training.
603 Balances remaining in the program at the end of the fiscal year
604 shall not revert to the general fund, but shall be carried over
605 for 1 additional year and used for the purpose of serving
606 incumbent worker training needs of area businesses with fewer
607 than 100 employees. Priority shall be given to businesses that
608 must increase or upgrade their use of technology to remain
609 competitive.
610 (8)(7)(a) A school district or Florida College System
611 institution that receives workforce education funds must use the
612 money to benefit the workforce education programs it provides.
613 The money may be used for equipment upgrades, program
614 expansions, or any other use that would result in workforce
615 education program improvement. The district school board or
616 Florida College System institution board of trustees may not
617 withhold any portion of the performance funding for indirect
618 costs.
619 (b) State funds provided for the operation of postsecondary
620 workforce programs may not be expended for the education of
621 state or federal inmates.
622 (8) The State Board of Education and CareerSource Florida,
623 Inc., shall provide the Legislature with recommended formulas,
624 criteria, timeframes, and mechanisms for distributing
625 performance funds. The commissioner shall consolidate the
626 recommendations and develop a consensus proposal for funding.
627 The Legislature shall adopt a formula and distribute the
628 performance funds to the State Board of Education for Florida
629 College System institutions and school districts through the
630 General Appropriations Act. These recommendations shall be based
631 on formulas that would discourage low-performing or low-demand
632 programs and encourage through performance-funding awards:
633 (a) Programs that prepare people to enter high-wage
634 occupations identified by the Workforce Estimating Conference
635 created by s. 216.136 and other programs as approved by
636 CareerSource Florida, Inc. At a minimum, performance incentives
637 shall be calculated for adults who reach completion points or
638 complete programs that lead to specified high-wage employment
639 and to their placement in that employment.
640 (b) Programs that successfully prepare adults who are
641 eligible for public assistance, economically disadvantaged,
642 disabled, not proficient in English, or dislocated workers for
643 high-wage occupations. At a minimum, performance incentives
644 shall be calculated at an enhanced value for the completion of
645 adults identified in this paragraph and job placement of such
646 adults upon completion. In addition, adjustments may be made in
647 payments for job placements for areas of high unemployment.
648 (c) Programs that are specifically designed to be
649 consistent with the workforce needs of private enterprise and
650 regional economic development strategies, as defined in
651 guidelines set by CareerSource Florida, Inc. CareerSource
652 Florida, Inc., shall develop guidelines to identify such needs
653 and strategies based on localized research of private employers
654 and economic development practitioners.
655 (d) Programs identified by CareerSource Florida, Inc., as
656 increasing the effectiveness and cost efficiency of education.
657 (4)(9) School districts shall report full-time equivalent
658 students by discipline category for the programs specified in
659 subsection (1). There shall be an annual cost analysis for the
660 school district workforce education programs that reports cost
661 by discipline category consistent with the reporting for full
662 time equivalent students. The annual financial reports submitted
663 by the school districts must accurately report on the student
664 fee revenues by fee type according to the programs specified in
665 subsection (1). The Department of Education shall develop a plan
666 for comparable reporting of program, student, facility,
667 personnel, and financial data between the Florida College System
668 institutions and the school district workforce education
669 programs.
670 (9)(10) A high school student dually enrolled under s.
671 1007.271 in a workforce education program operated by a Florida
672 College System institution or school district career center
673 generates the amount calculated for workforce education funding,
674 including any payment of performance funding, and the
675 proportional share of full-time equivalent enrollment generated
676 through the Florida Education Finance Program for the student’s
677 enrollment in a high school. If a high school student is dually
678 enrolled in a Florida College System institution program,
679 including a program conducted at a high school, the Florida
680 College System institution earns the funds generated for
681 workforce education funding, and the school district earns the
682 proportional share of full-time equivalent funding from the
683 Florida Education Finance Program. If a student is dually
684 enrolled in a career center operated by the same district as the
685 district in which the student attends high school, that district
686 earns the funds generated for workforce education funding and
687 also earns the proportional share of full-time equivalent
688 funding from the Florida Education Finance Program. If a student
689 is dually enrolled in a workforce education program provided by
690 a career center operated by a different school district, the
691 funds must be divided between the two school districts
692 proportionally from the two funding sources. A student may not
693 be reported for funding in a dual enrollment workforce education
694 program unless the student has completed the basic skills
695 assessment pursuant to s. 1004.91. A student who is coenrolled
696 in a K-12 education program and an adult education program may
697 be reported for purposes of funding in an adult education
698 program. If a student is coenrolled in core curricula courses
699 for credit recovery or dropout prevention purposes and does not
700 have a pattern of excessive absenteeism or habitual truancy or a
701 history of disruptive behavior in school, the student may be
702 reported for funding for up to two courses per year. Such a
703 student is exempt from the payment of the block tuition for
704 adult general education programs provided in s. 1009.22(3)(c).
705 The Department of Education shall develop a list of courses to
706 be designated as core curricula courses for the purposes of
707 coenrollment.
708 (10)(11) The State Board of Education may adopt rules to
709 administer this section.
710 Section 16. Section 1011.802, Florida Statutes, is created
711 to read:
712 1011.802 Florida Apprenticeship Grant Program.—
713 (1) The Florida Apprenticeship Grant Program, or FLAG, is
714 created to provide grants to career centers, charter technical
715 career centers, and Florida College System institutions on a
716 competitive basis to establish new apprenticeship programs and
717 expand existing apprenticeship programs. The Division of Career
718 and Adult Education within the Department of Education shall
719 administer the FLAG Program with funding provided in the General
720 Appropriations Act.
721 (2) Applications from career centers, charter technical
722 career centers, and Florida College System institutions must
723 contain projected enrollment and projected costs for each new or
724 expanded apprenticeship program.
725 (3) The department shall give priority to apprenticeship
726 programs in the areas of information technology, health, and
727 machining and manufacturing. Grant funds may be used for
728 instructional equipment, supplies, personnel, student services,
729 and other expenses associated with the creation or expansion of
730 an apprenticeship program. Grant funds may not be used for
731 recurring instructional costs or for a center’s or an
732 institution’s indirect costs. Grant recipients must submit
733 quarterly reports in a format prescribed by the department.
734 Section 17. Section 1011.803, Florida Statutes, is created
735 to read:
736 1011.803 Rapid Response Grant Program.—
737 (1) The Rapid Response Grant Program is established to
738 competitively award grants for the expansion or implementation
739 of high-demand postsecondary programs at career centers, as
740 defined in ss. 1001.44 and 1002.34, with funding provided in the
741 General Appropriations Act.
742 (2) Each career center applying for a grant must submit an
743 application to the Department of Education in the format
744 prescribed by the department. The application must include, but
745 is not limited to, program expansion or development details,
746 projected enrollment, and projected costs.
747 (3) Each career center that is awarded a grant under this
748 section must submit quarterly reports to the department in the
749 format prescribed by the department. Grant funds may not be used
750 to supplant current funds and must be used to expand enrollment
751 in existing postsecondary programs or develop new postsecondary
752 programs.
753 (4) The department shall administer the program and shall
754 conduct an annual assessment of the effectiveness of the
755 postsecondary programs funded under this section in meeting
756 labor market demand.
757 Section 18. This act shall take effect July 1, 2016.