Senate Bill 0536c1

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    Florida Senate - 1998                            CS for SB 536

    By the Committee on Ways and Means and Senator Kirkpatrick





    301-1915-98

  1                      A bill to be entitled

  2         An act relating to education; amending ss.

  3         239.117, 239.301, 240.117, 240.235, 240.35,

  4         F.S.; increasing the number of times state

  5         funding will support a student enrolled in the

  6         same college-preparatory class within a skill

  7         area; revising certain funding amounts;

  8         providing a fee exemption for certain

  9         postsecondary students; providing an effective

10         date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraph (c) of subsection (4) and

15  subsection (7) of section 239.117, Florida Statutes, are

16  amended to read:

17         239.117  Postsecondary student fees.--

18         (4)  The following students are exempt from the payment

19  of registration, matriculation, and laboratory fees:

20         (c)  A student for whom the state is paying a foster

21  care board payment pursuant to s. 409.145(3) or pursuant to

22  parts III and V of chapter 39, for whom the permanency

23  planning goal pursuant to part V of chapter 39 is long-term

24  foster care or independent living, or who is adopted from the

25  Department of Children and Family Services after May 5

26  December 31, 1997. Such exemption includes fees associated

27  with enrollment in college-preparatory instruction and

28  completion of the college-level communication and computation

29  skills testing program. Such exemption shall be available to

30  any student adopted from the Department of Children and Family

31  Services after May 5 December 31, 1997; however, the exemption

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    Florida Senate - 1998                            CS for SB 536
    301-1915-98




  1  shall be valid for no more than 4 years after the date of

  2  graduation from high school.

  3         (7)(a)  Each year the State Board of Community Colleges

  4  shall review and evaluate the percentage of the cost of adult

  5  programs and certificate career education programs supported

  6  through student fees.  If this review indicates that student

  7  fees generate less than the percentage targeted for the

  8  program, the State Board of Community Colleges shall adopt a

  9  schedule of fee increases by December 31 for the following

10  fall semester.  For students who are residents for tuition

11  purposes, the schedule so adopted must produce revenues equal

12  to 25 percent of the prior year's program cost for

13  college-preparatory and supplemental vocational programs and

14  50 10 percent of the prior year's program cost for student

15  enrollment in a single course of study not leading to a

16  certificate or degree certificate career education and

17  vocational preparatory programs. The fee schedule for lifelong

18  learning programs shall be based on student fees and nonstate

19  funds necessary to produce 50 percent of the prior year's cost

20  of lifelong learning programs. State funds may not exceed 50

21  percent of the prior year's cost of lifelong learning

22  programs.  The state board may not increase fees more than 10

23  percent for students who are residents for tuition purposes.

24  Unless otherwise specified in the General Appropriations Act,

25  the fee schedule shall take effect and the college shall

26  expend student fees on instruction.  If the Legislature enacts

27  a calculation different than that adopted by the state board,

28  the state board shall adopt a fee schedule that generates the

29  same revenues as the calculation contained in the General

30  Appropriations Act.  Each community college board of trustees

31  shall establish matriculation, tuition, and noncredit fees

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    Florida Senate - 1998                            CS for SB 536
    301-1915-98




  1  that may vary no more than 10 percent from the schedule

  2  approved by the State Board of Education. Fees for students

  3  who are not residents for tuition purposes must offset the

  4  full cost of instruction.

  5         (b)  Students enrolled in college-preparatory

  6  instruction shall pay fees equal to the fees charged for

  7  college credit courses.  Students enrolled in the same

  8  college-preparatory class within a skill area more than two

  9  times one time shall pay fees at 100 percent of the full cost

10  of instruction and shall not be included in calculations of

11  full-time equivalent enrollments for state funding purposes;

12  however, students who withdraw or fail a class due to

13  extenuating circumstances may be granted an exception only

14  once for each class, provided approval is granted according to

15  policy established by the board of trustees. Each community

16  college shall have the authority to review and reduce payment

17  for increased fees due to continued enrollment in a

18  college-preparatory class on an individual basis, contingent

19  upon a student's financial hardship, pursuant to definitions

20  and fee levels established by the State Board of Community

21  Colleges. Fee-nonexempt students enrolled in

22  vocational-preparatory instruction shall be charged fees equal

23  to the fees charged for certificate career education

24  instruction. Each community college that conducts

25  college-preparatory and vocational-preparatory instruction in

26  the same class section may charge a single fee for both types

27  of instruction.

28         Section 2.  Paragraph (d) of subsection (4) of section

29  239.301, Florida Statutes, is amended to read:

30         239.301  Adult general education.--

31         (4)

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    Florida Senate - 1998                            CS for SB 536
    301-1915-98




  1         (d)  Expenditures for college-preparatory and lifelong

  2  learning students shall be reported separately. Allocations

  3  for college-preparatory courses shall be based on proportional

  4  full-time equivalent enrollment. Program review results shall

  5  be included in the determination of subsequent allocations.  A

  6  student shall be funded to enroll in the same

  7  college-preparatory class within a skill area only twice once,

  8  after which time the student shall pay 100 percent of the full

  9  cost of instruction to support the continuous enrollment of

10  that student in the same class;  however, students who

11  withdraw or fail a class due to extenuating circumstances may

12  be granted an exception only once for each class, provided

13  approval is granted according to policy established by the

14  board of trustees. Each community college shall have the

15  authority to review and reduce payment for increased fees due

16  to continued enrollment in a college-preparatory class on an

17  individual basis contingent upon the student's financial

18  hardship, pursuant to definitions and fee levels established

19  by the State Board of Community Colleges. College-preparatory

20  and lifelong learning courses do not generate credit toward an

21  associate or baccalaureate degree.

22         Section 3.  Paragraph (a) of subsection (4) of section

23  240.117, Florida Statutes, is amended to read:

24         240.117  Common placement testing for public

25  postsecondary education.--

26         (4)(a)  Community college or state university students

27  who have been identified as requiring additional preparation

28  pursuant to subsection (1) shall enroll in college-preparatory

29  or other adult education pursuant to s. 239.301 in community

30  colleges to develop needed college-entry skills.  These

31  students shall be permitted to take courses within their

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    Florida Senate - 1998                            CS for SB 536
    301-1915-98




  1  degree program concurrently in other curriculum areas for

  2  which they are qualified while enrolled in college-preparatory

  3  instruction courses.  A student enrolled in a

  4  college-preparatory course may concurrently enroll only in

  5  college credit courses that do not require the skills

  6  addressed in the college-preparatory course.  The State Board

  7  of Community Colleges shall specify the college credit courses

  8  that are acceptable for students enrolled in each

  9  college-preparatory skill area, pursuant to s. 240.311(3)(q).

10  A student who wishes to earn an associate in arts or a

11  baccalaureate degree, but who is required to complete a

12  college-preparatory course, must successfully complete the

13  required college-preparatory studies by the time the student

14  has accumulated 12 hours of lower-division college credit

15  degree coursework; however, a student may continue enrollment

16  in degree-earning coursework provided the student maintains

17  enrollment in college-preparatory coursework for each

18  subsequent semester until college-preparatory coursework

19  requirements are completed, and the student demonstrates

20  satisfactory performance in degree-earning coursework.  A

21  passing score on a standardized, institutionally developed

22  test must be achieved before a student is considered to have

23  met basic computation and communication skills requirements;

24  however, no student shall be required to retake any test or

25  subtest that was previously passed by that said student.  A

26  student shall be funded to enroll in the same

27  college-preparatory class within a skill area only twice once,

28  after which time the student shall pay 100 percent of the full

29  cost of instruction to support continuous enrollment of that

30  student in the same class and such student shall not be

31  included in calculations of full-time equivalent enrollments

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    Florida Senate - 1998                            CS for SB 536
    301-1915-98




  1  for state funding purposes; however, students who withdraw or

  2  fail a class due to extenuating circumstances may be granted

  3  an exception only once for each class, provided approval is

  4  granted according to policy established by the board of

  5  trustees. Each community college shall have the authority to

  6  review and reduce fees paid by students due to continued

  7  enrollment in a college-preparatory class on an individual

  8  basis contingent upon the student's financial hardship,

  9  pursuant to definitions and fee levels established by the

10  State Board of Community Colleges. Credit awarded for

11  college-preparatory instruction may not be counted towards

12  fulfilling the number of credits required for a degree.

13         Section 4.  Paragraph (a) of subsection (5) of section

14  240.235, Florida Statutes, is amended to read:

15         240.235  Fees.--

16         (5)(a)  Any student for whom the state is paying a

17  foster care board payment pursuant to s. 409.145(3) or parts

18  III and V of chapter 39, for whom the permanency planning goal

19  pursuant to part V of chapter 39 is long-term foster care or

20  independent living, or who is adopted from the Department of

21  Children and Family Services after May 5 December 31, 1997,

22  shall be exempt from the payment of all undergraduate fees,

23  including fees associated with enrollment in

24  college-preparatory instruction or completion of college-level

25  communication and computation skills testing programs.  Before

26  a fee exemption can be given, the student shall have applied

27  for and been denied financial aid, pursuant to s. 240.404,

28  which would have provided, at a minimum, payment of all

29  undergraduate fees. Such exemption shall be available to any

30  student adopted from the Department of Children and Family

31  Services after May 5 December 31, 1997; however, the exemption

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    Florida Senate - 1998                            CS for SB 536
    301-1915-98




  1  shall be valid for no more than 4 years after the date of

  2  graduation from high school.

  3         Section 5.  Paragraph (a) of subsection (2) of section

  4  240.35, Florida Statutes, is amended to read:

  5         240.35  Student fees.--Unless otherwise provided, the

  6  provisions of this section apply only to fees charged for

  7  college credit instruction leading to an associate degree,

  8  including college-preparatory courses defined in s. 239.105.

  9         (2)(a)  Any student for whom the state is paying a

10  foster care board payment pursuant to s. 409.145(3) or parts

11  III and V of chapter 39, for whom the permanency planning goal

12  pursuant to part V of chapter 39 is long-term foster care or

13  independent living, or who is adopted from the Department of

14  Children and Family Services after May 5 December 31, 1997,

15  shall be exempt from the payment of all undergraduate fees,

16  including fees associated with enrollment in

17  college-preparatory instruction or completion of the

18  college-level communication and computation skills testing

19  program. Before a fee exemption can be given, the student

20  shall have applied for and been denied financial aid, pursuant

21  to s. 240.404, which would have provided, at a minimum,

22  payment of all student fees. Such exemption shall be available

23  to any student adopted from the Department of Children and

24  Family Services after May 5 December 31, 1997; however, the

25  exemption shall be valid for no more than 4 years after the

26  date of graduation from high school.

27         Section 6.  This act shall take effect upon becoming a

28  law.

29

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    Florida Senate - 1998                            CS for SB 536
    301-1915-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 536

  3

  4  The bill amends statutory language which specifies the date by
    which adoptions must have occurred in order for the child to
  5  be fee exempt for postsecondary courses.  The new date by
    which the adoption from the Department of Children and Family
  6  Services must have occurred is May 5, 1997.  Prior language
    established December 31, 1997 as the date.
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