Senate Bill 1994c1

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    Florida Senate - 1999                           CS for SB 1994

    By the Committee on Education and Senator Cowin





    304-2015A-99

  1                      A bill to be entitled

  2         An act relating to Workforce Development

  3         Education; amending s. 239.105, F.S.; defining

  4         the term "literacy completion point"; amending

  5         s. 239.115, F.S.; providing for adult general

  6         education programs to include courses that lead

  7         to a literacy completion point; revising

  8         performance output measures for adult general

  9         education courses of study; authorizing

10         formulas for the distribution of workforce

11         development education performance funds to

12         provide performance exemptions for new

13         programs; amending s. 239.117, F.S.; revising

14         requirements regarding fee schedules for

15         workforce development education; providing an

16         exemption from fees for certain students;

17         providing an effective date.

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

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21         Section 1.  Subsections (21) through (29) of section

22  239.105, Florida Statutes, 1998 Supplement, are renumbered as

23  subsections (22) through (30), respectively, and a new

24  subsection (21) is added to said section to read:

25         239.105  Definitions.--As used in this chapter, the

26  term:

27         (21)  "Literacy completion point" means the academic or

28  workforce readiness competencies that qualify a person for

29  further basic education, vocational education, or for

30  employment.

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    Florida Senate - 1999                           CS for SB 1994
    304-2015A-99




  1         Section 2.  Paragraph (a) of subsection (1), paragraph

  2  (b) of subsection (4), and subsection (9) of section 239.115,

  3  Florida Statutes, 1998 Supplement, are amended to read:

  4         239.115  Funds for operation of adult general education

  5  and vocational education programs.--

  6         (1)  As used in this section, the terms "workforce

  7  development education" and "workforce development program"

  8  include:

  9         (a)  Adult general education programs, including

10  courses that lead to a literacy completion point within a

11  program, designed to improve the employability skills of the

12  state's workforce through adult basic education, adult

13  secondary education, GED preparation, and

14  vocational-preparatory education.

15         (4)  The Florida Workforce Development Education Fund

16  is created to provide performance-based funding for all

17  workforce development programs, whether the programs are

18  offered by a school district or a community college. Funding

19  for all workforce development education programs must be from

20  the Workforce Development Education Fund and must be based on

21  cost categories, performance output measures, and performance

22  outcome measures. This subsection takes effect July 1, 1999.

23         (b)1.  The performance output measure for vocational

24  education programs of study is student completion of a

25  vocational program of study that leads to an occupational

26  completion point associated with a certificate; an

27  apprenticeship program; or a program that leads to an applied

28  technology diploma or an associate in science degree.

29  Performance output measures for registered apprenticeship

30  programs shall be based on program lengths that coincide with

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    Florida Senate - 1999                           CS for SB 1994
    304-2015A-99




  1  lengths established pursuant to the requirements of chapter

  2  446.

  3         2.  The performance output measure for an adult general

  4  education course of study is measurable improvement in student

  5  skills. This measure shall include student completion of an

  6  adult general education program of study that leads to a

  7  literacy completion point improvement in literacy skills,

  8  grade level improvement as measured by an approved test, or

  9  attainment of a general education development diploma or an

10  adult high school diploma.

11         (9)  The Department of Education, the State Board of

12  Community Colleges, and the Jobs and Education Partnership

13  shall provide the Legislature with recommended formulas,

14  criteria, timeframes, and mechanisms for distributing

15  performance funds. Such formulas may provide performance

16  exemptions for new workforce development education programs,

17  as defined in s. 239.105, for a period of time not to exceed 2

18  years from the addition of the new program. The commissioner

19  shall consolidate the recommendations and develop a consensus

20  proposal for funding. The Legislature shall adopt a formula

21  and distribute the performance funds to the Division of

22  Community Colleges and the Division of Workforce Development

23  through the General Appropriations Act. These recommendations

24  shall be based on formulas that would discourage

25  low-performing or low-demand programs and encourage through

26  performance-funding awards:

27         (a)  Programs that prepare people to enter high-wage

28  occupations identified by the Occupational Forecasting

29  Conference created by s. 216.136 and other programs as

30  approved by the Jobs and Education Partnership. At a minimum,

31  performance incentives shall be calculated for adults who

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    Florida Senate - 1999                           CS for SB 1994
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  1  reach completion points or complete programs that lead to

  2  specified high-wage employment and to their placement in that

  3  employment.

  4         (b)  Programs that successfully prepare adults who are

  5  eligible for public assistance, economically disadvantaged,

  6  disabled, not proficient in English, or dislocated workers for

  7  high-wage occupations.  At a minimum, performance incentives

  8  shall be calculated at an enhanced value for the completion of

  9  adults identified in this paragraph and job placement of such

10  adults upon completion. In addition, adjustments may be made

11  in payments for job placements for areas of high unemployment.

12         (c)  Programs identified by the Jobs and Education

13  Partnership as increasing the effectiveness and cost

14  efficiency of education.

15         Section 3.  Subsections (6) and (7) of section 239.117,

16  Florida Statutes, 1998 Supplement, are amended, and

17  subsections (18) and (19) are added to that section, to read:

18         239.117  Postsecondary student fees.--

19         (6)(a)  The Commissioner of Education shall provide to

20  the State Board of Education no later than December 31 of each

21  year a schedule of fees for workforce development education,

22  excluding continuing workforce education, for school districts

23  and community colleges. The fee schedule shall be based on the

24  amount of student fees necessary to produce 25 percent of the

25  prior year's average cost of a course of study leading to a

26  certificate or diploma and 50 percent of the prior year's cost

27  of a continuing workforce education course. At the discretion

28  of a school board or a community college, this fee schedule

29  may be implemented over a 3-year period, with full

30  implementation in the 1999-2000 school year. In years

31  preceding that year, if fee increases are necessary for some

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    Florida Senate - 1999                           CS for SB 1994
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  1  programs or courses, the fees shall be raised in increments

  2  designed to lessen their impact upon students already

  3  enrolled. Fees for students who are not residents for tuition

  4  purposes must offset the full cost of instruction.

  5  Fee-nonexempt students enrolled in vocational-preparatory

  6  instruction shall be charged fees equal to the fees charged

  7  for certificate career education instruction. Each community

  8  college that conducts college-preparatory and

  9  vocational-preparatory instruction in the same class section

10  may charge a single fee for both types of instruction.

11         (b)  Fees for continuing workforce education shall be

12  locally determined by the school board or community college.

13  However, at least 50 percent of the cost must be derived from

14  fees.

15         (c)(b)  The State Board of Education shall adopt a fee

16  schedule for school districts that produces the fee revenues

17  calculated pursuant to paragraph (a). The schedule so

18  calculated shall take effect, unless otherwise specified in

19  the General Appropriations Act.

20         (d)(c)  The State Board of Education shall adopt, by

21  rule, the definitions and procedures that school boards shall

22  use in the calculation of cost borne by students.

23         (7)  Each year the State Board of Community Colleges

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

25  programs and certificate career education programs supported

26  through student fees.  For students who are residents for

27  tuition purposes, the schedule so adopted must produce

28  revenues equal to 25 percent of the prior year's average

29  program cost for college-preparatory and certificate-level

30  workforce development programs and at least 50 percent of the

31  prior year's program cost for student enrollment in continuing

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    Florida Senate - 1999                           CS for SB 1994
    304-2015A-99




  1  workforce education. Fees for continuing workforce education

  2  shall be locally determined by the school board or community

  3  college. Fees for students who are not residents for tuition

  4  purposes must offset the full cost of instruction.

  5         (18)  If a school district or community college enrolls

  6  students who reside in a border county of another state that

  7  does not charge nonresident fees to Florida students, that

  8  school district or community college may exempt those students

  9  from out-of-state fees for workforce development programs.

10         (19)  A school district or community college that

11  provides workforce development education programs to employees

12  of a business or industrial firm with headquarters in Florida

13  may charge resident fees to a student employed by that firm,

14  even if the student works in an out-of-state location.

15         Section 4.  This act shall take effect July 1, 1999.

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17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                             SB 1994

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20  The Committee Substitute:

21  Authorizes an exemption from out-of-state fees for students in
    workforce development education who reside in border counties
22  of other states or who are employed by firms with headquarters
    in Florida. The exemption is available only if the other state
23  exempts Florida residents from nonresident fees.

24  Requires fees for continuing workforce education to be at
    least 50 percent of the cost. Local determination of fees will
25  be limited to charging more than 50 percent of the cost.

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