Florida Senate - 2016                             CS for SB 1060
       
       
        
       By the Committee on Appropriations; and Senator Legg
       
       576-04191-16                                          20161060c1
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 446.021,
    3         F.S.; redefining and reordering terms; conforming
    4         provisions to changes made by the act; amending s.
    5         446.032, F.S.; conforming provisions to changes made
    6         by the act; amending s. 446.045, F.S.; revising the
    7         membership requirements for the State Apprenticeship
    8         Advisory Council; amending s. 446.081, F.S.; providing
    9         for construction; amending s. 446.091, F.S.;
   10         conforming provisions to changes made by the act;
   11         amending s. 446.092, F.S.; revising the attributes
   12         that characterize apprenticeable occupations; amending
   13         s. 1003.4295, F.S.; revising the purpose of the Credit
   14         Acceleration Program; requiring students to earn
   15         passing scores on specified assessments or
   16         examinations to earn course credit; amending s.
   17         1004.015, F.S.; revising the membership of the Higher
   18         Education Coordinating Council; amending s. 1004.92,
   19         F.S.; revising the Department of Education’s
   20         responsibility for the development of program
   21         standards for career, adult, and community education
   22         programs; providing for rulemaking; amending s.
   23         1004.93, F.S.; revising provisions relating to adult
   24         general education; providing that adult education
   25         programs may only provide academic services to
   26         specified students under certain circumstances;
   27         deleting duties of the State Board of Education
   28         relating to adult general education programs; deleting
   29         a requirement that specific expenditures be reported
   30         separately; revising allocation requirements for
   31         developmental education; amending s. 1007.273, F.S.;
   32         providing additional options for students
   33         participating in a structured high school acceleration
   34         program; prohibiting a district school board from
   35         limiting the number of public school students who may
   36         enroll in a structured high school acceleration
   37         program; revising requirements relating to contracts
   38         establishing structured high school acceleration
   39         programs; requiring each district school board to
   40         notify students in certain grades about the program;
   41         revising provisions relating to program funding;
   42         providing reporting requirements; amending s. 1008.44,
   43         F.S.; increasing the maximum number of certain CAPE
   44         Digital Tool certificates that the Commissioner of
   45         Education may recommend be added to the CAPE Industry
   46         Certification Funding List; deleting the requirement
   47         that certain digital tool certificates be updated
   48         solely by the Chancellor of Career and Adult
   49         Education; amending s. 1009.42, F.S.; expanding the
   50         financial aid appeals process to other school
   51         entities; amending s. 1011.80, F.S.; conforming
   52         provisions; requiring school districts and Florida
   53         College System institutions to maintain certain
   54         records; revising operational and performance funding
   55         calculation and allocation for workforce education
   56         programs; deleting provisions relating to a program to
   57         assist in responding to the needs of new and expanding
   58         businesses and a requirement that the State Board of
   59         Education and CareerSource Florida, Inc., provide the
   60         Legislature with certain formulas and mechanisms for
   61         distributing performance funds; creating s. 1011.802,
   62         F.S.; creating the Florida Apprenticeship Grant (FLAG)
   63         program; providing for the purpose, requirements, and
   64         administration of the program; requiring certain
   65         career centers and Florida College System institutions
   66         to provide quarterly reports; creating s. 1011.803,
   67         F.S.; creating the Rapid Response Grant program;
   68         providing for the purpose, requirements, and
   69         administration of the program; requiring certain
   70         career centers and Florida College System institutions
   71         to provide quarterly reports; requiring the department
   72         to administer the program and conduct an annual
   73         program analysis; providing an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Present subsections (2), (4), (5), (6), and (9)
   78  of section 446.021, Florida Statutes, are amended, and present
   79  subsections (1), (3), (8), (10), (11), and (12) of that section
   80  are redesignated as subsections (8), (11), (12), (3), (6), and
   81  (4), respectively, to read:
   82         446.021 Definitions of terms used in ss. 446.011-446.092.
   83  As used in ss. 446.011-446.092, the term:
   84         (1)(2) “Apprentice” means a person at least 16 years of age
   85  who is engaged in learning a recognized skilled trade through
   86  actual work experience under the supervision of a journeyworker
   87  journeymen craftsmen, which training should be combined with
   88  properly coordinated studies of related technical and
   89  supplementary subjects, and who has entered into a written
   90  agreement, which may be cited as an apprentice agreement, with a
   91  registered apprenticeship sponsor who may be either an employer,
   92  an association of employers, or a local joint apprenticeship
   93  committee.
   94         (5)(4) “Journeyworker Journeyman” means a worker recognized
   95  within an industry as having mastered the skills and
   96  competencies required for a specific trade or occupation. The
   97  term includes a mentor, technician, or specialist or other
   98  skilled worker who has documented sufficient skills and
   99  knowledge of an occupation through formal apprenticeship,
  100  attainment of a nationally recognized industry certification, or
  101  practical on-the-job experience and formal training person
  102  working in an apprenticeable occupation who has successfully
  103  completed a registered apprenticeship program or who has worked
  104  the number of years required by established industry practices
  105  for the particular trade or occupation.
  106         (9)(5) “Preapprenticeship program” means an organized
  107  course of instruction, including, but not limited to, industry
  108  certifications identified under s. 1008.44, in the public school
  109  system or elsewhere, which course is designed to prepare a
  110  person 16 years of age or older to become an apprentice and
  111  which course is approved by and registered with the department
  112  and sponsored by a registered apprenticeship program.
  113         (2)(6) “Apprenticeship program” means an organized course
  114  of instruction, including, but not limited to, CAPE industry
  115  certifications identified under s. 1008.44, registered and
  116  approved by the department, which course shall contain all terms
  117  and conditions for the qualifications, recruitment, selection,
  118  employment, and training of apprentices including such matters
  119  as the requirements for a written apprenticeship agreement.
  120         (10)(9) “Related instruction” means an organized and
  121  systematic form of instruction designed to provide the
  122  apprentice with knowledge of the theoretical and technical
  123  subjects related to a specific trade or occupation. Such
  124  instruction may be given in a classroom through occupational or
  125  industrial courses or outside of a classroom through
  126  correspondence courses of equivalent value, electronic media, or
  127  other forms of self-study approved by the department.
  128         Section 2. Subsection (1) of section 446.032, Florida
  129  Statutes, is amended to read:
  130         446.032 General duties of the department for apprenticeship
  131  training.—The department shall:
  132         (1) Establish uniform minimum standards and policies
  133  governing apprentice programs and agreements. The standards and
  134  policies shall govern the terms and conditions of the
  135  apprentice’s employment and training, including the quality
  136  training of the apprentice for, but not limited to, such matters
  137  as ratios of apprentices to journeyworkers journeymen, safety,
  138  related instruction, and on-the-job training; but these
  139  standards and policies may not include rules, standards, or
  140  guidelines that require the use of apprentices and job trainees
  141  on state, county, or municipal contracts. The department may
  142  adopt rules necessary to administer the standards and policies.
  143         Section 3. Paragraph (b) of subsection (2) of section
  144  446.045, Florida Statutes, is amended to read:
  145         446.045 State Apprenticeship Advisory Council.—
  146         (2)
  147         (b) The Commissioner of Education or the commissioner’s
  148  designee shall serve ex officio as chair of the State
  149  Apprenticeship Advisory Council, but may not vote. The state
  150  director of the Office of Apprenticeship of the United States
  151  Department of Labor shall serve ex officio as a nonvoting member
  152  of the council. The Governor shall appoint to the council four
  153  members representing employee organizations and four members
  154  representing employer organizations. Each of these eight members
  155  shall represent industries that have registered apprenticeship
  156  programs. The Governor shall also appoint two public members who
  157  are knowledgeable about registered apprenticeship and
  158  apprenticeable occupations and who are independent of any joint
  159  or nonjoint organization, one of whom shall be recommended by
  160  joint organizations, and one of whom shall be recommended by
  161  nonjoint organizations. Members shall be appointed for 4-year
  162  staggered terms. A vacancy shall be filled for the remainder of
  163  the unexpired term.
  164         Section 4. Subsection (4) is added to section 446.081,
  165  Florida Statutes, to read:
  166         446.081 Limitation.—
  167         (4) Nothing in ss. 446.011-446.092, in any rules adopted
  168  under those sections, or in any apprentice agreement approved
  169  under those sections shall operate to invalidate any special
  170  provision for veterans, minority persons, or women relating to
  171  the standards, apprentice qualifications, or operation of the
  172  program which is not otherwise prohibited by law, executive
  173  order, or authorized regulation.
  174         Section 5. Section 446.091, Florida Statutes, is amended to
  175  read:
  176         446.091 On-the-job training program.—All provisions of ss.
  177  446.011-446.092 relating to apprenticeship and
  178  preapprenticeship, including, but not limited to, programs,
  179  agreements, standards, administration, procedures, definitions,
  180  expenditures, local committees, powers and duties, limitations,
  181  grievances, and ratios of apprentices and job trainees to
  182  journeyworkers journeymen on state, county, and municipal
  183  contracts, shall be appropriately adapted and made applicable to
  184  a program of on-the-job training authorized under those
  185  provisions for persons other than apprentices.
  186         Section 6. Section 446.092, Florida Statutes, is amended to
  187  read:
  188         446.092 Criteria for apprenticeship occupations.—An
  189  apprenticeable occupation is a skilled trade that which
  190  possesses all of the following characteristics:
  191         (1) It is customarily learned in a practical way through a
  192  structured, systematic program of on-the-job, supervised
  193  training.
  194         (2) It is clearly identified and commonly recognized
  195  throughout an the industry and may be associated with a
  196  nationally recognized industry certification or recognized with a
  197  positive view 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, requires which require a minimum of 2,000 hours
  201  of on-the-job work and training, which hours are excluded from
  202  the 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 (3) of section 1003.4295, Florida
  220  Statutes, is amended to read:
  221         1003.4295 Acceleration options.—
  222         (3) The Credit Acceleration Program (CAP) is created for
  223  the purpose of allowing a student to earn high school credit in
  224  Algebra I, Algebra II, geometry, United States history, or
  225  biology, or a course under s. 1003.4285 if the student passes
  226  the corresponding statewide, standardized assessment
  227  administered under s. 1008.22 or Advanced Placement Examination.
  228  Notwithstanding s. 1003.436, a school district shall award
  229  course credit to a student who is not enrolled in the course, or
  230  who has not completed the course, if the student attains a
  231  passing score on the corresponding statewide, standardized
  232  assessment or Advanced Placement Examination. The school
  233  district shall permit a student who is not enrolled in the
  234  course, or who has not completed the course, to take the
  235  assessment or examination during the regular administration of
  236  the assessment or examination.
  237         Section 8. Subsection (2) of section 1004.015, Florida
  238  Statutes, is amended to read:
  239         1004.015 Higher Education Coordinating Council.—
  240         (2) Members of the council shall include:
  241         (a) One member of the Board of Governors, appointed by the
  242  chair of the Board of Governors.
  243         (b) The Chancellor of the State University System.
  244         (c) The Chancellor of the Florida College System.
  245         (d)The Chancellor of Career and Adult Education.
  246         (e)(d) One member of the State Board of Education,
  247  appointed by the chair of the State Board of Education.
  248         (f)(e) The Executive Director of the Florida Association of
  249  Postsecondary Schools and Colleges.
  250         (g)(f) The president of the Independent Colleges and
  251  Universities of Florida.
  252         (h)(g) The president of CareerSource Florida, Inc., or his
  253  or her designee.
  254         (i)(h) The president of Enterprise Florida, Inc., or a
  255  designated member of the Stakeholders Council appointed by the
  256  president.
  257         (j)(i) Three representatives of the business community, one
  258  appointed by the President of the Senate, one appointed by the
  259  Speaker of the House of Representatives, and one appointed by
  260  the Governor, who are committed to developing and enhancing
  261  world class workforce infrastructure necessary for Florida’s
  262  citizens to compete and prosper in the ever-changing economy of
  263  the 21st century.
  264         Section 9. Paragraph (b) of subsection (2) of section
  265  1004.92, Florida Statutes, is amended, and subsection (4) is
  266  added to that section, to read:
  267         1004.92 Purpose and responsibilities for career education.—
  268         (2)
  269         (b) Department of Education accountability for career
  270  education includes, but is not limited to:
  271         1. The provision of timely, accurate technical assistance
  272  to school districts and Florida College System institutions.
  273         2. The provision of timely, accurate information to the
  274  State Board of Education, the Legislature, and the public.
  275         3. The development of policies, rules, and procedures that
  276  facilitate institutional attainment of the accountability
  277  standards and coordinate the efforts of all divisions within the
  278  department.
  279         4. The development of program standards and industry-driven
  280  benchmarks for career, adult, and community education programs,
  281  which must be updated every 3 years. The standards must reflect
  282  the quality components of a career and technical education
  283  program and include career, academic, and workplace skills;
  284  viability of distance learning for instruction; and work/learn
  285  cycles that are responsive to business and industry.
  286         5. Overseeing school district and Florida College System
  287  institution compliance with the provisions of this chapter.
  288         6. Ensuring that the educational outcomes for the technical
  289  component of career programs are uniform and designed to provide
  290  a graduate who is capable of entering the workforce on an
  291  equally competitive basis regardless of the institution of
  292  choice.
  293         (4)The State Board of Education shall adopt rules to
  294  administer this section.
  295         Section 10. Section 1004.93, Florida Statutes, is reordered
  296  and amended to read:
  297         1004.93 Adult general education.—
  298         (1)(a) The intent of this section is to encourage the
  299  provision of educational services that will enable adults to
  300  acquire:
  301         1. The basic skills necessary to attain basic and
  302  functional literacy.
  303         2. A high school diploma or successfully complete the high
  304  school equivalency examination.
  305         3. An educational foundation that will enable them to
  306  become more employable, productive, and self-sufficient
  307  citizens.
  308         (b) It is further intended that educational opportunities
  309  be available for adults who have earned a diploma or high school
  310  equivalency diploma but who lack the basic skills necessary to
  311  function effectively in everyday situations, to enter the job
  312  market, or to enter career certificate instruction.
  313         (2) The adult education program must provide academic
  314  services to students in the following priority:
  315         (a) Students who demonstrate skills at less than a fifth
  316  grade level, as measured by tests approved for this purpose by
  317  the State Board of Education, and who are studying to achieve
  318  basic literacy.
  319         (b) Students who demonstrate skills at the fifth grade
  320  level or higher, but below the ninth grade level, as measured by
  321  tests approved for this purpose by the State Board of Education,
  322  and who are studying to achieve functional literacy.
  323         (c) Students who are earning credit required for a high
  324  school diploma or who are preparing for the high school
  325  equivalency examination. By July 1, 2017, each school district
  326  or Florida College System institution with an adult high school
  327  or offering a high school equivalency examination preparation
  328  program must offer at least one online program option that
  329  enables students to earn a high school diploma or its
  330  equivalent.
  331         (d) Students who have earned high school diplomas and
  332  require specific improvement in order to:
  333         1. Obtain or maintain employment or benefit from
  334  certificate career education programs;
  335         2. Pursue a postsecondary degree; or
  336         3. Develop competence in the English language to qualify
  337  for employment.
  338         (3)If all students meeting the criteria of subsection (2)
  339  are provided academic services, the adult education program may
  340  provide academic services to:
  341         (a)(e) Students who enroll in lifelong learning courses or
  342  activities that seek to address community social and economic
  343  issues that consist of health and human relations, government,
  344  parenting, consumer economics, and senior citizens.
  345         (b)(f) Students who enroll in courses that relate to the
  346  recreational or leisure pursuits of the students. The cost of
  347  courses conducted pursuant to this paragraph shall be borne by
  348  the enrollees.
  349         (4)(3)(a) Each district school board or Florida College
  350  System institution board of trustees shall negotiate with the
  351  regional workforce board for basic and functional literacy
  352  skills assessments for participants in the welfare transition
  353  employment and training programs. Such assessments shall be
  354  conducted at a site mutually acceptable to the district school
  355  board or Florida College System institution board of trustees
  356  and the regional workforce board.
  357         (b) State employees who are employed in local or regional
  358  offices of state agencies shall inform clients of the
  359  availability of adult basic and secondary programs in the
  360  region. The identities of clients who do not possess high school
  361  diplomas or who demonstrate skills below the level of functional
  362  literacy shall be conveyed, with their consent, to the local
  363  school district or Florida College System institution, or both.
  364         (c) To the extent funds are available, the Department of
  365  Children and Families shall provide for day care and
  366  transportation services to clients who enroll in adult basic
  367  education programs.
  368         (5)(4)(a) Adult general education shall be evaluated and
  369  funded as provided in s. 1011.80.
  370         (b) Fees for adult basic instruction are to be charged in
  371  accordance with chapter 1009.
  372         (c)The State Board of Education shall define, by rule, the
  373  levels and courses of instruction to be funded through the
  374  developmental education program. The state board shall
  375  coordinate the establishment of costs for developmental
  376  education courses, the establishment of statewide standards that
  377  define required levels of competence, acceptable rates of
  378  student progress, and the maximum amount of time to be allowed
  379  for completion of developmental education. Developmental
  380  education is part of an associate in arts degree program and may
  381  not be funded as an adult career education program.
  382         (d)Expenditures for developmental education and lifelong
  383  learning students shall be reported separately. Allocations for
  384  developmental education shall be based on proportional full-time
  385  equivalent enrollment. Program review results shall be included
  386  in the determination of subsequent allocations. A student shall
  387  be funded to enroll in the same developmental education class
  388  within a skill area only twice, after which time the student
  389  shall pay 100 percent of the full cost of instruction to support
  390  the continuous enrollment of that student in the same class;
  391  however, students who withdraw or fail a class due to
  392  extenuating circumstances may be granted an exception only once
  393  for each class, provided approval is granted according to policy
  394  established by the board of trustees. Each Florida College
  395  System institution shall have the authority to review and reduce
  396  payment for increased fees due to continued enrollment in a
  397  developmental education class on an individual basis contingent
  398  upon the student’s financial hardship, pursuant to definitions
  399  and fee levels established by the State Board of Education.
  400  Developmental education and lifelong learning courses do not
  401  generate credit toward an associate or baccalaureate degree.
  402         (c)(e) A district school board or a Florida College System
  403  institution board of trustees may negotiate a contract with the
  404  regional workforce board for specialized services for
  405  participants in the welfare transition program, beyond what is
  406  routinely provided for the general public, to be funded by the
  407  regional workforce board.
  408         (6)(5) If students who have been determined to be adults
  409  with disabilities are enrolled in workforce development
  410  programs, the funding formula must provide additional incentives
  411  for their achievement of performance outputs and outcomes.
  412         (7)(6) The commissioner shall recommend the level of
  413  funding for public school and Florida College System institution
  414  adult education within the legislative budget request and make
  415  other recommendations and reports considered necessary or
  416  required by rules of the State Board of Education.
  417         (8)(7) Buildings, land, equipment, and other property owned
  418  by a district school board or Florida College System institution
  419  board of trustees may be used for the conduct of the adult
  420  education program. Buildings, land, equipment, and other
  421  property owned or leased by cooperating public or private
  422  agencies, organizations, or institutions may also be used for
  423  the purposes of this section.
  424         (9)(8) In order to accelerate the employment of adult
  425  education students, students entering adult general education
  426  programs after July 1, 2013, must complete the following action
  427  steps-to-employment activities before the completion of the
  428  first term:
  429         (a) Identify employment opportunities using market-driven
  430  tools.
  431         (b) Create a personalized employment goal.
  432         (c) Conduct a personalized skill and knowledge inventory.
  433         (d) Compare the results of the personalized skill and
  434  knowledge inventory with the knowledge and skills needed to
  435  attain the personalized employment goal.
  436         (e) Upgrade skills and knowledge needed through adult
  437  general education programs and additional educational pursuits
  438  based on the personalized employment goal.
  439  
  440  The action-steps-to-employment activities may be developed
  441  through a blended approach with assistance provided to adult
  442  general education students by teachers, employment specialists,
  443  guidance counselors, business and industry representatives, and
  444  online resources. Students may be directed to online resources
  445  and provided information on financial literacy, student
  446  financial aid, industry certifications, and occupational
  447  services and a listing of job openings.
  448         (10)(9) The State Board of Education may adopt rules
  449  necessary for the implementation of this section.
  450         Section 11. Section 1007.273, Florida Statutes, is amended
  451  to read:
  452         1007.273 Structured high school acceleration programs
  453  Collegiate high school program.—
  454         (1) Each Florida College System institution shall work with
  455  each district school board in its designated service area to
  456  establish one or more structured high school acceleration
  457  programs, including, but not limited to, collegiate high school
  458  programs.
  459         (1)(2)PURPOSE.—At a minimum, structured collegiate high
  460  school acceleration programs must include an option for public
  461  school students in grade 11 or grade 12 participating in the
  462  program, for at least 1 full school year, to earn CAPE industry
  463  certifications pursuant to s. 1008.44 and to successfully
  464  complete 30 credit hours toward general education core
  465  curriculum or common prerequisite course requirements pursuant
  466  to s. 1007.25 through the dual enrollment program under s.
  467  1007.271, a mechanism pursuant to s. 1007.27, or a CAPE industry
  468  certification pursuant to s. 1008.44 toward the first year of
  469  college for an associate degree or baccalaureate degree while
  470  enrolled in the program. A district school board may not limit
  471  the number of public school students who may enroll in such
  472  programs.
  473         (2)(3)REQUIRED PROGRAM CONTRACTS.—Each district school
  474  board and its local Florida College System institution shall
  475  execute a contract to establish one or more structured
  476  collegiate high school acceleration programs at a mutually
  477  agreed upon location or locations. Beginning with the 2015-2016
  478  school year, If the institution does not establish a program
  479  with a district school board in its designated service area,
  480  another Florida College System institution may execute a
  481  contract with that district school board to establish the
  482  program. Beginning with the 2016-2017 school year, the contract
  483  must be executed by January 1 of each school year for
  484  implementation of the program during the next school year. The
  485  contract must:
  486         (a) Identify the grade levels to be included in the
  487  collegiate high school program which must, at a minimum, include
  488  grade 12.
  489         (b) Describe the collegiate high school program, including
  490  the delineation of courses that must, at a minimum, include
  491  general education core curriculum or common prerequisite course
  492  requirements pursuant to s. 1007.25 and industry certifications
  493  offered, including online course availability; the high school
  494  and college credits earned for each postsecondary course
  495  completed and industry certification earned; student eligibility
  496  criteria; and the enrollment process and relevant deadlines.
  497         (c) Describe the methods, medium, and process by which
  498  students and their parents are annually informed about the
  499  availability of the collegiate high school program, the return
  500  on investment associated with participation in the program, and
  501  the information described in paragraphs (a) and (b).
  502         (d) Identify the delivery methods for instruction and the
  503  instructors for all courses.
  504         (e) Identify student advising services and progress
  505  monitoring mechanisms.
  506         (f) Establish a program review and reporting mechanism
  507  regarding student performance outcomes.
  508         (g) Describe the terms of funding arrangements to implement
  509  the collegiate high school program pursuant to paragraph (5)(a).
  510         (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.—
  511         (a)(4) Each student participating in a structured
  512  collegiate high school acceleration program must enter into a
  513  student performance contract which must be signed by the
  514  student, the parent, and a representative of the school district
  515  and the applicable Florida College System institution, state
  516  university, or other institution participating pursuant to
  517  subsection (4) (5). The performance contract must, at a minimum,
  518  specify include the schedule of courses, by semester, and
  519  industry certifications to be taken by the student, student
  520  attendance requirements, and course grade requirements, and the
  521  applicability of such courses to an associate degree or a
  522  baccalaureate degree.
  523         (b) By September 1 of each school year, each district
  524  school board must notify each student enrolled in grades 9, 10,
  525  11, and 12 in a public school within the school district about
  526  the structured high school acceleration program including, but
  527  not limited to:
  528         1. The method for earning college credit through
  529  participation in the program. Such methods must include a
  530  website link to the dual enrollment course equivalency list
  531  approved by the Department of Education and the credit-by
  532  examination equivalency list adopted by the State Board of
  533  Education in rule.
  534         2. The estimated cost savings to students and their
  535  families resulting from students successfully completing 30
  536  credit hours toward general education core or common
  537  prerequisite course requirements and earning industry
  538  certifications before graduating from high school versus the
  539  cost of earning such credit hours and industry certifications
  540  after graduating from high school.
  541         (4)(5)AUTHORIZED PROGRAM CONTRACTS.—In addition to
  542  executing a contract with the local Florida College System
  543  institution under this section, a district school board may
  544  execute a contract to establish a structured collegiate high
  545  school acceleration program with a state university or an
  546  institution that is eligible to participate in the William L.
  547  Boyd, IV, Florida Resident Access Grant Program, that is a
  548  nonprofit independent college or university located and
  549  chartered in this state, and that is accredited by the
  550  Commission on Colleges of the Southern Association of Colleges
  551  and Schools to grant baccalaureate degrees. Such university or
  552  institution must meet the requirements specified under
  553  subsections (2) (3) and (3) (4). A charter school may execute a
  554  contract directly with the local Florida College System
  555  institution or another institution as authorized under this
  556  section to establish a structured high school acceleration
  557  program at a mutually agreed upon location.
  558         (5) FUNDING.—
  559         (a)(6) The structured collegiate high school acceleration
  560  program shall be funded pursuant to ss. 1007.271 and 1011.62.
  561  The State Board of Education shall enforce compliance with this
  562  section by withholding the transfer of funds for the school
  563  districts and the Florida College System institutions in
  564  accordance with s. 1008.32.
  565         (b) A student who enrolls in the structured high school
  566  acceleration program and successfully completes 30 credit hours
  567  toward fulfilling general education core curriculum or common
  568  prerequisite course requirements pursuant to s. 1007.25, which
  569  may include attaining one or more industry certifications,
  570  generates a 0.5 full-time equivalent (FTE) bonus. A student who
  571  enrolls in the structured high school acceleration program and
  572  successfully completes 60 credit hours toward fulfilling the
  573  requirements for an associate in arts or an associate in science
  574  degree pursuant to the student performance contract under
  575  subsection (3), which may include attaining one or more industry
  576  certifications, before graduating from high school, generates an
  577  additional 0.5 FTE bonus. Each district school board that is a
  578  contractual partner with a Florida College System institution
  579  shall report to the commissioner the total FTE bonus for each
  580  structured high school acceleration program for the students
  581  from that district school board. The total FTE bonus shall be
  582  added to each school district’s total weighted FTE for funding
  583  in the subsequent fiscal year.
  584         (6) REPORTING REQUIREMENTS.—
  585         (a) By September 1 of each school year, each district
  586  school superintendent must report to the commissioner, at a
  587  minimum, the following information for the prior school year:
  588         1. Number of students in public schools within the school
  589  district who enrolled in the structured high school acceleration
  590  program, and the partnering postsecondary institutions pursuant
  591  to subsections (2) and (4).
  592         2. Average number of courses completed and the number of
  593  industry certifications attained by the students who enrolled in
  594  the structured high school acceleration program.
  595         3. Projected student enrollment in the structured high
  596  school acceleration program within the next school year.
  597         4. Barriers to executing contracts to establish one or more
  598  structured high school acceleration programs.
  599         (b) By November 30 of each school year, the commissioner
  600  must report to the Governor, the President of the Senate, and
  601  the Speaker of the House of Representatives the status of
  602  structured high school acceleration programs including, at a
  603  minimum, a summary of student enrollment and completion
  604  information pursuant to this subsection; barriers, if any, to
  605  establishing such programs; and recommendations for expanding
  606  access to such programs statewide.
  607         Section 12. Paragraph (b) of subsection (1) of section
  608  1008.44, Florida Statutes, is amended to read:
  609         1008.44 CAPE Industry Certification Funding List and CAPE
  610  Postsecondary Industry Certification Funding List.—
  611         (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
  612  of Education shall, at least annually, identify, under rules
  613  adopted by the State Board of Education, and the Commissioner of
  614  Education may at any time recommend adding the following
  615  certificates, certifications, and courses:
  616         (b) No more than 30 15 CAPE Digital Tool certificates
  617  limited to the areas of word processing; spreadsheets; sound,
  618  motion, and color presentations; digital arts; cybersecurity;
  619  and coding pursuant to s. 1003.4203(3) that do not articulate
  620  for college credit. Such certificates shall be annually
  621  identified on the CAPE Industry Certification Funding List and
  622  updated solely by the Chancellor of Career and Adult Education.
  623  The certificates shall be made available to students in
  624  elementary school and middle school grades and, if earned by a
  625  student, shall be eligible for additional full-time equivalent
  626  membership pursuant to s. 1011.62(1)(o)1.
  627         Section 13. Subsection (2) of section 1009.42, Florida
  628  Statutes, is amended to read:
  629         1009.42 Financial aid appeal process.—
  630         (2) The president of each state university and each Florida
  631  College System institution, each district school board that
  632  operates a career center pursuant to s. 1001.44, and each
  633  charter technical career center that operates pursuant to s.
  634  1002.34 shall establish a procedure for appeal, by students, of
  635  grievances related to the award or administration of financial
  636  aid at the institution.
  637         Section 14. Section 1011.80, Florida Statutes, is reordered
  638  and amended to read:
  639         1011.80 Funds for operation of workforce education
  640  programs.—
  641         (1) As used in this section, the terms “workforce
  642  education” and “workforce education program” include:
  643         (a) Adult general education programs designed to improve
  644  the employability skills of the state’s workforce as defined in
  645  s. 1004.02(3).
  646         (b) Career certificate programs, as defined in s.
  647  1004.02(20).
  648         (c) Applied technology diploma programs.
  649         (d) Continuing workforce education courses.
  650         (e) Degree career education programs.
  651         (f) Apprenticeship and preapprenticeship programs as
  652  defined in s. 446.021.
  653         (2) A Any workforce education program may be conducted by a
  654  Florida College System institution or a school district, except
  655  that college credit in an associate in applied science or an
  656  associate in science degree may be awarded only by a Florida
  657  College System institution. However, if an associate in applied
  658  science or an associate in science degree program contains
  659  within it an occupational completion point that confers a
  660  certificate or an applied technology diploma, that portion of
  661  the program may be offered conducted by a school district career
  662  center. Any Instruction designed to articulate to a degree
  663  program is subject to guidelines and standards adopted by the
  664  State Board of Education pursuant to s. 1007.25.
  665         (3)Each school district and Florida College System
  666  institution receiving state appropriations for workforce
  667  education programs must maintain adequate and accurate records,
  668  including a system to record school district workforce education
  669  funding and expenditures, in order to maintain separation of
  670  postsecondary workforce education expenditures from secondary
  671  workforce education expenditures. These records must be filed
  672  with the Department of Education in correct and proper form on
  673  or before the date due as provided by law or rule for each
  674  annual or periodic report that is required by rules of the State
  675  Board of Education.
  676         (3)If a program for disabled adults pursuant to s. 1004.93
  677  is a workforce program as defined in law, it must be funded as
  678  provided in this section.
  679         (4)Funding for all workforce education programs must be
  680  based on cost categories, performance output measures, and
  681  performance outcome measures.
  682         (a)The cost categories must be calculated to identify
  683  high-cost programs, medium-cost programs, and low-cost programs.
  684  The cost analysis used to calculate and assign a program of
  685  study to a cost category must include at least both direct and
  686  indirect instructional costs, consumable supplies, equipment,
  687  and standard program length.
  688         (b)The performance output measure for an adult general
  689  education course of study is measurable improvement in student
  690  skills. This measure shall include improvement in literacy
  691  skills, grade level improvement as measured by an approved test,
  692  or attainment of a State of Florida diploma or an adult high
  693  school diploma.
  694         (c)The performance outcome measures for adult general
  695  education programs are associated with placement and retention
  696  of students after reaching a completion point or completing a
  697  program of study. These measures include placement or retention
  698  in employment. Continuing postsecondary education at a level
  699  that will further enhance employment is a performance outcome
  700  for adult general education programs.
  701         (5) State funding and student fees for workforce education
  702  instruction shall be established as follows:
  703         (a) Expenditures for the continuing workforce education
  704  programs provided by the Florida College System institutions or
  705  school districts must be fully supported by fees. Enrollments in
  706  continuing workforce education courses shall not be counted for
  707  purposes of funding full-time equivalent enrollment.
  708         (b) For all other workforce education programs, state
  709  funding shall be calculated based on weighted enrollment and
  710  program costs minus fee revenues generated to offset program
  711  operational costs equal 75 percent of the average cost of
  712  instruction with the remaining 25 percent made up from student
  713  fees. Fees for courses within a program shall not vary according
  714  to the cost of the individual program, but instead shall be as
  715  provided in s. 1009.22 based on a uniform fee calculated and set
  716  at the state level, as adopted by the State Board of Education,
  717  unless otherwise specified in the General Appropriations Act.
  718         (c)For fee-exempt students pursuant to s. 1009.25, unless
  719  otherwise provided for in law, state funding shall equal 100
  720  percent of the average cost of instruction.
  721         (c)(d) For a public educational institution that has been
  722  fully funded by an external agency for direct instructional
  723  costs of any course or program, the FTE generated shall not be
  724  reported for state funding.
  725         (6)(a) A school district or a Florida College System
  726  institution that provides workforce education programs shall
  727  receive funds in accordance with distributions for base and
  728  performance funding established by the Legislature in the
  729  General Appropriations Act. To ensure equitable funding for all
  730  school district workforce education programs and to recognize
  731  enrollment growth, the Department of Education shall use the
  732  funding model developed by the District Workforce Education
  733  Funding Steering Committee to determine each district’s
  734  workforce education funding needs. To assist the Legislature in
  735  allocating workforce education funds in the General
  736  Appropriations Act, the funding model shall annually be provided
  737  to the legislative appropriations committees no later than March
  738  1.
  739         (b)Operational funding shall be provided to school
  740  districts for workforce education programs based on weighted
  741  student enrollment and program costs determined by cost
  742  categories. The cost categories must be calculated to identify
  743  high-cost programs, medium-cost programs, and low-cost programs.
  744  The cost analysis used to calculate and assign a program of
  745  study to a cost category must include, at a minimum, direct and
  746  indirect instructional costs, consumable supplies, equipment,
  747  and standard program length.
  748         (7)Performance funding for workforce education programs
  749  shall be contingent upon specific appropriation in the General
  750  Appropriations Act. To assist the Legislature in determining
  751  performance funding allocations, the State Board of Education
  752  shall annually, by March 1, provide the Legislature with
  753  recommended formulas, criteria, timeframes, and mechanisms for
  754  distributing performance funds. These recommendations shall
  755  reward programs that:
  756         (a)Prepare people to enter high-skill and high-wage
  757  occupations identified by the Workforce Estimating Conference
  758  pursuant to s. 216.136 and programs approved by CareerSource
  759  Florida, Inc. At a minimum, performance incentives shall be
  760  calculated for adults who reach completion points or complete
  761  programs that lead to their placement in high-skill and high
  762  wage employment.
  763         (b)Prepare adults who are eligible for public assistance,
  764  economically disadvantaged, disabled, not proficient in English,
  765  or dislocated workers for high-wage occupations. At a minimum,
  766  performance incentives shall be calculated at an enhanced value
  767  for such adults who complete programs that lead to their
  768  placement in high-wage employment. In addition, adjustments may
  769  be made in performance incentives for such adults who become
  770  employed in high-wage occupations in areas with high
  771  unemployment rates.
  772         (c)Increase student achievement in adult general education
  773  courses by measuring performance output and outcome measures.
  774         1.The performance output measure for an adult general
  775  education course is measurable improvement in student skills.
  776  This measure includes improvement in literacy skills, grade
  777  level improvement as measured by an approved test, or attainment
  778  of a high school diploma.
  779         2.The performance outcome measures for adult general
  780  education programs are placement in and retention of employment
  781  after reaching a completion point or completing a program. These
  782  measures include continuation of postsecondary education at a
  783  level that will further enhance employment.
  784         (d)(b)Award industry certifications. Performance funding
  785  for industry certifications for school district workforce
  786  education programs is contingent upon specific appropriation in
  787  the General Appropriations Act and shall be determined as
  788  follows:
  789         1. Occupational areas for which industry certifications may
  790  be earned, as established in the General Appropriations Act, are
  791  eligible for performance funding. Priority shall be given to the
  792  occupational areas emphasized in state, national, or corporate
  793  grants provided to Florida educational institutions.
  794         2. The Chancellor of Career and Adult Education shall
  795  identify the industry certifications eligible for funding on the
  796  CAPE Postsecondary Industry Certification Funding List approved
  797  by the State Board of Education pursuant to s. 1008.44, based on
  798  the occupational areas specified in the General Appropriations
  799  Act.
  800         3. Each school district shall be provided $1,000 for each
  801  industry certification earned by a workforce education student.
  802  The maximum amount of funding appropriated for performance
  803  funding pursuant to this paragraph shall be limited to $15
  804  million annually. If funds are insufficient to fully fund the
  805  calculated total award, such funds shall be prorated.
  806         (c)A program is established to assist school districts and
  807  Florida College System institutions in responding to the needs
  808  of new and expanding businesses and thereby strengthening the
  809  state’s workforce and economy. The program may be funded in the
  810  General Appropriations Act. The district or Florida College
  811  System institution shall use the program to provide customized
  812  training for businesses which satisfies the requirements of s.
  813  288.047. Business firms whose employees receive the customized
  814  training must provide 50 percent of the cost of the training.
  815  Balances remaining in the program at the end of the fiscal year
  816  shall not revert to the general fund, but shall be carried over
  817  for 1 additional year and used for the purpose of serving
  818  incumbent worker training needs of area businesses with fewer
  819  than 100 employees. Priority shall be given to businesses that
  820  must increase or upgrade their use of technology to remain
  821  competitive.
  822         (8)(7)(a) A school district or Florida College System
  823  institution that receives workforce education funds must use the
  824  money to benefit the workforce education programs it provides.
  825  The money may be used for equipment upgrades, program
  826  expansions, or any other use that would result in workforce
  827  education program improvement. The district school board or
  828  Florida College System institution board of trustees may not
  829  withhold any portion of the performance funding for indirect
  830  costs.
  831         (b) State funds provided for the operation of postsecondary
  832  workforce programs may not be expended for the education of
  833  state or federal inmates.
  834         (8)The State Board of Education and CareerSource Florida,
  835  Inc., shall provide the Legislature with recommended formulas,
  836  criteria, timeframes, and mechanisms for distributing
  837  performance funds. The commissioner shall consolidate the
  838  recommendations and develop a consensus proposal for funding.
  839  The Legislature shall adopt a formula and distribute the
  840  performance funds to the State Board of Education for Florida
  841  College System institutions and school districts through the
  842  General Appropriations Act. These recommendations shall be based
  843  on formulas that would discourage low-performing or low-demand
  844  programs and encourage through performance-funding awards:
  845         (a)Programs that prepare people to enter high-wage
  846  occupations identified by the Workforce Estimating Conference
  847  created by s. 216.136 and other programs as approved by
  848  CareerSource Florida, Inc. At a minimum, performance incentives
  849  shall be calculated for adults who reach completion points or
  850  complete programs that lead to specified high-wage employment
  851  and to their placement in that employment.
  852         (b)Programs that successfully prepare adults who are
  853  eligible for public assistance, economically disadvantaged,
  854  disabled, not proficient in English, or dislocated workers for
  855  high-wage occupations. At a minimum, performance incentives
  856  shall be calculated at an enhanced value for the completion of
  857  adults identified in this paragraph and job placement of such
  858  adults upon completion. In addition, adjustments may be made in
  859  payments for job placements for areas of high unemployment.
  860         (c)Programs that are specifically designed to be
  861  consistent with the workforce needs of private enterprise and
  862  regional economic development strategies, as defined in
  863  guidelines set by CareerSource Florida, Inc. CareerSource
  864  Florida, Inc., shall develop guidelines to identify such needs
  865  and strategies based on localized research of private employers
  866  and economic development practitioners.
  867         (d)Programs identified by CareerSource Florida, Inc., as
  868  increasing the effectiveness and cost efficiency of education.
  869         (4)(9) School districts shall report full-time equivalent
  870  students by discipline category for the programs specified in
  871  subsection (1). There shall be an annual cost analysis for the
  872  school district workforce education programs that reports cost
  873  by discipline category consistent with the reporting for full
  874  time equivalent students. The annual financial reports submitted
  875  by the school districts must accurately report on the student
  876  fee revenues by fee type according to the programs specified in
  877  subsection (1). The Department of Education shall develop a plan
  878  for comparable reporting of program, student, facility,
  879  personnel, and financial data between the Florida College System
  880  institutions and the school district workforce education
  881  programs.
  882         (9)(10) A high school student dually enrolled under s.
  883  1007.271 in a workforce education program operated by a Florida
  884  College System institution or school district career center
  885  generates the amount calculated for workforce education funding,
  886  including any payment of performance funding, and the
  887  proportional share of full-time equivalent enrollment generated
  888  through the Florida Education Finance Program for the student’s
  889  enrollment in a high school. If a high school student is dually
  890  enrolled in a Florida College System institution program,
  891  including a program conducted at a high school, the Florida
  892  College System institution earns the funds generated for
  893  workforce education funding, and the school district earns the
  894  proportional share of full-time equivalent funding from the
  895  Florida Education Finance Program. If a student is dually
  896  enrolled in a career center operated by the same district as the
  897  district in which the student attends high school, that district
  898  earns the funds generated for workforce education funding and
  899  also earns the proportional share of full-time equivalent
  900  funding from the Florida Education Finance Program. If a student
  901  is dually enrolled in a workforce education program provided by
  902  a career center operated by a different school district, the
  903  funds must be divided between the two school districts
  904  proportionally from the two funding sources. A student may not
  905  be reported for funding in a dual enrollment workforce education
  906  program unless the student has completed the basic skills
  907  assessment pursuant to s. 1004.91. A student who is coenrolled
  908  in a K-12 education program and an adult education program may
  909  be reported for purposes of funding in an adult education
  910  program. If a student is coenrolled in core curricula courses
  911  for credit recovery or dropout prevention purposes and does not
  912  have a pattern of excessive absenteeism or habitual truancy or a
  913  history of disruptive behavior in school, the student may be
  914  reported for funding for up to two courses per year. Such a
  915  student is exempt from the payment of the block tuition for
  916  adult general education programs provided in s. 1009.22(3)(c).
  917  The Department of Education shall develop a list of courses to
  918  be designated as core curricula courses for the purposes of
  919  coenrollment.
  920         (10)(11) The State Board of Education may adopt rules to
  921  administer this section.
  922         Section 15. Section 1011.802, Florida Statutes, is created
  923  to read:
  924         1011.802Florida Apprenticeship Grant (FLAG) program.—
  925         (1)The Florida Apprenticeship Grant (FLAG) program is
  926  created to provide grants to career centers, charter technical
  927  career centers, and Florida College System institutions on a
  928  competitive basis, in an amount provided in the General
  929  Appropriations Act, to establish new apprenticeship programs and
  930  expand existing apprenticeship programs. The Division of Career
  931  and Adult Education within the Department of Education shall
  932  administer the grant program.
  933         (2)Applications from career centers, charter technical
  934  career centers, and Florida College System institutions must
  935  contain projected enrollment and projected costs for the new or
  936  expanded apprenticeship program.
  937         (3)The Department of Education shall give priority to
  938  apprenticeship programs in the areas of information technology,
  939  health, and machining and manufacturing. Grant funds may be used
  940  for instructional equipment, supplies, personnel, student
  941  services, and other expenses associated with the creation or
  942  expansion of an apprenticeship program. Grant funds may not be
  943  used for recurring instructional costs or for the indirect costs
  944  of a center or institution. Grant recipients must submit
  945  quarterly reports in a format prescribed by the department.
  946         Section 16. Section 1011.803, Florida Statutes, is created
  947  to read:
  948         1011.803Rapid Response Grant program.—
  949         (1)The Rapid Response Grant program is established to
  950  award grants on a competitive basis, in an amount provided in
  951  the General Appropriations Act, for the expansion or
  952  implementation of high-demand postsecondary programs at career
  953  centers and Florida College System institutions.
  954         (2)Each career center or Florida College System
  955  institution applying for a grant shall submit an application to
  956  the Department of Education in the format prescribed by the
  957  department. The application must include, but need not be
  958  limited to, program expansion or development details, projected
  959  enrollment, and projected costs.
  960         (3)Each career center or Florida College System
  961  institution that is awarded a grant under this section shall
  962  submit quarterly reports to the department in the format
  963  prescribed by the department. Grant funds may not be used to
  964  supplant current funds and must be used to expand enrollment in
  965  existing postsecondary programs or develop new postsecondary
  966  programs.
  967         (4)The department shall administer the program and conduct
  968  an annual analysis and assessment of the effectiveness of the
  969  postsecondary programs funded under this section in meeting
  970  labor market demand.
  971         Section 17. This act shall take effect July 1, 2016.