Senate Bill sb2004e1

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    SB 2004                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to education; providing for the

  3         Florida Bright Futures Scholarship Testing

  4         Program; requiring the Articulation

  5         Coordinating Committee to identify scores,

  6         credit, and courses for which credit may be

  7         awarded for specified examinations; requiring

  8         the completion of examinations for receipt of

  9         certain awards; providing requirements with

10         respect to the award of credit; requiring

11         annual reporting of the effectiveness of the

12         program; providing legislative intent for

13         certain career and technical education programs

14         within comprehensive programs of study in high

15         schools; providing for industry-certification,

16         for certain required courses and activities;

17         authorizing an endorsement and funding;

18         authorizing rules of the Department of

19         Education; requiring certain programs and

20         career-development activities to assist

21         counselors; amending ss. 228.041, 229.601,

22         229.602, 239.121, F.S.; revising a personnel

23         classification title; amending s. 236.081,

24         F.S.; providing for funding of certain

25         programs; prohibiting certain courses and

26         programs from being reported for funding or

27         from being substituted for other courses or

28         programs; providing for certain

29         professional-development activities; amending

30         s. 239.229, F.S.; providing certain

31         responsibilities for school boards and


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    SB 2004                                        First Engrossed



  1         superintendents; amending s. 446.609, F.S.;

  2         deleting a time-period limitation for the "Jobs

  3         for Florida's Graduates" school-to-work

  4         program; deleting provisions relating to an

  5         endowment fund; revising certain provisions

  6         relating to the members of the board of

  7         directors of the Florida Endowment Foundation

  8         for Florida Graduates; revising criteria for

  9         certain outcome goals; deleting provisions

10         relating to distribution of earnings on the

11         endowment fund; deleting provisions relating to

12         startup funding; revising annual report

13         requirements; requiring the State Board of

14         Administration to transfer all principal and

15         interest in the endowment fund to the

16         foundation's board of directors for certain

17         purposes; repealing s. 3, ch. 98-218, Laws of

18         Florida, relating to a temporary pilot

19         apprenticeship program; providing an effective

20         date.

21  

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

23  

24         Section 1.  Florida Bright Futures Scholarship Testing

25  Program.--

26         (1)  By January 1, 2002, the Articulation Coordinating

27  Committee shall identify the minimum scores, maximum credit,

28  and course or courses for which credit is to be awarded for

29  each College Level Examination Program (CLEP) general

30  examination, CLEP subject examination, College Board Advanced

31  Placement Program examination, and International Baccalaureate


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    SB 2004                                        First Engrossed



  1  examination. In addition, the Articulation Coordinating

  2  Committee shall identify such courses in the general education

  3  core curriculum of each state university and community

  4  college.

  5         (2)  Each community college and state university must

  6  award credit for specific courses for which competency has

  7  been demonstrated by successful passage of one of these

  8  examinations unless the award of credit duplicates credit

  9  already awarded. Community colleges and universities may not

10  exempt students from courses without the award of credit if

11  competencies have been so demonstrated.

12         (3)  Beginning with initial award recipients for the

13  2002-2003 academic year and continuing thereafter, students

14  eligible for a Florida Academic Scholars award or a Florida

15  Medallion Scholars award who are admitted to and enroll in a

16  community college or state university shall, prior to

17  registering for courses that may be earned through a CLEP

18  examination and no later than registration for their second

19  term, complete at least five examinations from those specified

20  in subsection (1) in the following areas: English; humanities;

21  mathematics; natural sciences; and social sciences. Successful

22  completion of dual enrollment courses, Advanced Placement

23  examinations, and International Baccalaureate examinations

24  taken prior to high school graduation satisfy this

25  requirement. The Articulation Coordinating Committee shall

26  identify the examinations that satisfy each component of this

27  requirement.

28         (4)  Initial award recipients for the 2001-2002

29  academic year who are eligible for a Florida Academic Scholars

30  award or a Florida Medallion Scholars award and who are

31  admitted to and enroll in a community college or state


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    SB 2004                                        First Engrossed



  1  university may choose, prior to registering for courses that

  2  may be earned through CLEP examination, to complete up to five

  3  CLEP examinations, one in each of the following areas:

  4  English; humanities; mathematics; natural sciences; and social

  5  sciences.

  6         (5)  Each community college and state university shall

  7  pay for the CLEP examinations required pursuant to this

  8  section from the funds appropriated from the Educational

  9  Enhancement Trust Fund. Institutions shall pay no more than

10  $46 per examination for the program, which shall include

11  access to a student guide to prepare for the test. The

12  Department of Education shall negotiate with the College Board

13  for a reduced rate for the examinations. The institution shall

14  not charge the student for preparation and administration of

15  the test, access to a student guide to prepare for the test,

16  or recordkeeping and reporting of each student's test results

17  to the department.

18         (6)  The credit awarded pursuant to this section shall

19  apply toward the 120 hours of college credit required pursuant

20  to section 240.115(6), Florida Statutes.

21         (7)  The maximum number of credit hours for which a

22  student is eligible to receive a Florida Bright Futures

23  Scholarship Program award shall be reduced by the number of

24  hours for which credit is awarded pursuant to this section.

25         (8)  Beginning with the 2002-2003 award recipients, the

26  Department of Education shall track and annually report on the

27  effectiveness of the program, and include information on the

28  number of students participating in the program; the CLEP

29  examinations taken and the passage rate of Florida Academic

30  Scholars and Florida Medallion Scholars award recipients; the

31  use of Advanced Placement and International Baccalaureate


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  1  examinations and dual enrollment courses to satisfy the

  2  requirements of the program; and the course credit provided.

  3         Section 2.  (1)  The Legislature intends to ensure that

  4  all high schools provide supportive services to students and

  5  their parents to determine the comprehensive program of study

  6  that will best meet the needs and goals of each student. At a

  7  minimum, these services must include access to a guidance

  8  counselor and assistance in developing an educational and

  9  career plan. Each high school shall provide a variety of

10  comprehensive, relevant programs of study which will meet the

11  needs of all students and enable each student to pursue his or

12  her individual educational and career goals.

13         (2)  Key components of this process are:

14         (a)  A variety of programs of study which are based on

15  individual educational and career goals.

16         (b)  Parental involvement in the identification of the

17  appropriate program of study.

18         (c)  Assurance that all programs of study are designed

19  to provide a seamless transition to an appropriate

20  postsecondary education and employment.

21         Section 3.  (1)  A career and technical education

22  program within a comprehensive high school program of study

23  must be certified or endorsed by the appropriate industry to

24  ensure that all components of the program are relevant and

25  appropriate to prepare the student for further education and

26  employment in that industry.

27         (2)  Effective July 1, 2006, each career and technical

28  program preparing for postsecondary education and employment

29  offered as part of a comprehensive program of study in a high

30  school must be industry-certified or endorsed, except for

31  courses classified as exploratory, orientation, or practical


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  1  arts. A student enrolled in a course within a career and

  2  technical program that is not industry-certified may not be

  3  reported for full-time equivalent funding through the Florida

  4  Education Finance Program unless the course is classified as

  5  exploratory, orientation, or practical arts. The Department of

  6  Education shall assure that each program is certified by July

  7  1, 2006, and recertified at least every 5 years. The

  8  department shall adopt rules for the certification process,

  9  and the rules must establish any necessary procedures for

10  obtaining appropriate business partners and requirements for

11  business and industry involvement in curriculum oversight and

12  equipment procurement.

13         (3)  Each full-time equivalent student in an

14  industry-certified or endorsed career and technical program

15  generates 1.15 times the cost factor for students enrolled in

16  the basic program for grades 9-12, as provided by section

17  236.081, Florida Statutes, and the annual General

18  Appropriations Act.

19         (4)  Effective July 1, 2006, each career and technical

20  education program offered by a high school and able to be

21  articulated to a postsecondary level must also have an

22  articulation agreement with one or more appropriate

23  postsecondary education institutions to ensure a seamless

24  transition to a related postsecondary program without a loss

25  of credit for the student. Students enrolled in a program that

26  is not articulated to a postsecondary program may not be

27  reported for full-time equivalent student funding through the

28  Florida Education Finance Program unless the course is

29  classified as exploratory, orientation, or practical arts or

30  terminates at the high school level.

31  


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  1         Section 4.  (1)  A comprehensive program of study in

  2  career and technical education must be designed to ensure

  3  that, upon completion of the program of study and graduation

  4  from high school, a student is prepared to continue his or her

  5  education at a postsecondary education institution and obtain

  6  employment. Therefore, a comprehensive career and technical

  7  program of study must require of each student:

  8         (a)  Completion of academic courses with a designation

  9  from the Department of Education of level two or above. All

10  credits earned to meet graduation requirements in mathematics,

11  science, and communication must have that designation.

12         (b)  Attainment of at least one occupational completion

13  point in an industry-certified or endorsed career and

14  technical education program or completion of at least two

15  courses in a technology education program.

16         (c)  Completion of a one-credit core course addressing

17  workplace-readiness skills. The Department of Education shall

18  define in rule the content of the course and shall assure that

19  the course meets graduation requirements for performing arts

20  or practical arts. The course requirement may be satisfied

21  through infusing course content into existing select career

22  and technical education course.

23         (d)  Participation in work-based learning experiences,

24  as defined in rule by the Department of Education.

25         (e)  Participation in a capstone activity that includes

26  a project related to a career. This activity is designed to

27  apply and demonstrate the competencies and concepts attained

28  in the student's program of study. The Department of Education

29  may specify in rule characteristics of capstone activities

30  that meet the intent of this paragraph.

31  


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  1         (2)  The Legislature intends to recognize with an

  2  endorsement on the high school diploma a student who:

  3         (a)  Completes the requirements for high school

  4  graduation as provided in section 232.246, Florida Statutes,

  5  and the additional requirements for a comprehensive career and

  6  technical program of study provided in subsection (1).

  7         (b)  Passes the college entry-level placement test or

  8  an equivalent test identified by the department with a score

  9  adequate to enroll in a public postsecondary education program

10  without the need for college preparatory or vocational

11  preparatory instruction.

12         (3)  The endorsement indicates that the student is

13  prepared to continue into postsecondary education without the

14  need for remediation and that the student has marketable

15  employment skills. The Department of Education may adopt by

16  rule a standard format for the endorsement.

17         (4)  For each student who receives the endorsement on

18  his or her diploma, the school district shall receive

19  incentive funding, as provided in section 236.081, Florida

20  Statutes, and the annual General Appropriations Act.

21         (5)  A school district that generates funds as a result

22  of industry-certified programs or incentive funding for

23  student achievement of the endorsement must expend the total

24  amount on the comprehensive career and technical program of

25  study. The district may not apply indirect charges to

26  incentive funds earned.

27         Section 5.  The Legislature finds that, to adequately

28  assist students in advanced technical and academic career

29  planning, high school guidance counselors and career

30  specialists require preservice and inservice professional

31  


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  1  development programs that contain sufficient information on

  2  career education.

  3         (1)  Each guidance counselor and career specialist in a

  4  school with technical education programs certified as provided

  5  in section 2 of this act shall complete 12 inservice points in

  6  technical education and career development which include:

  7         (a)  An emphasis on labor-market trends and

  8  projections;

  9         (b)  A practicum that focuses on development of a

10  career-awareness program; and

11         (c)  Content related to a career or employment within

12  the counselor's work experience.

13         (2)  The Department of Education shall assist guidance

14  counselors and career specialists in attaining the additional

15  inservice required. The State Board of Education shall revise

16  rules governing the certification and recertification of

17  guidance counselors to allow substitution of personal

18  work-based experiences and temporary-employment opportunities

19  in business and industry for the required classroom

20  instruction. A minimum of 12 hours of inservice in career and

21  technical education will be required for each 5-year period.

22         (3)  To implement the requirements of this act through

23  preservice education, the Legislature encourages colleges of

24  education to provide for the additional courses required

25  without increasing the total number of credit hours needed to

26  complete a program. Instead, the colleges are encouraged to

27  infuse course content required for ethics courses into courses

28  required for introduction, theory, and practicum.

29         Section 6.  Paragraph (b) of subsection (9) of section

30  228.041, Florida Statutes, is amended to read:

31  


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  1         228.041  Definitions.--Specific definitions shall be as

  2  follows, and wherever such defined words or terms are used in

  3  the Florida School Code, they shall be used as follows:

  4         (9)  INSTRUCTIONAL PERSONNEL.--"Instructional

  5  personnel" means any staff member whose function includes the

  6  provision of direct instructional services to students.

  7  Instructional personnel also includes personnel whose

  8  functions provide direct support in the learning process of

  9  students.  Included in the classification of instructional

10  personnel are:

11         (b)  Pupil personnel services.--Pupil personnel

12  services include staff members responsible for:  advising

13  students with regard to their abilities and aptitudes,

14  educational and occupational opportunities, and personal and

15  social adjustments; providing placement services; performing

16  educational evaluations; and similar functions.  Included in

17  this classification are guidance counselors, social workers,

18  career occupational/placement specialists, and school

19  psychologists.

20         Section 7.  Paragraph (c) of subsection (2) of section

21  229.601, Florida Statutes, is amended to read:

22         229.601  Career education program.--

23         (2)  There is hereby established a career education

24  program in the state educational system.  The Commissioner of

25  Education and his or her designated staff shall administer

26  this program. In developing and administering the career

27  education program, the purpose of which is to promote positive

28  career opportunities for all students regardless of their

29  race, color, creed, national origin, ancestry, socioeconomic

30  status, or gender, the commissioner shall:

31  


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  1         (c)  Develop programs for preservice and inservice

  2  training for the purpose of infusing career education concepts

  3  into the basic curricula of public schools and core curricula

  4  of community colleges and state universities and programs for

  5  preservice and inservice training for counselors and career

  6  occupational and placement specialists to assist in career

  7  counseling and placement and followup activities.

  8         Section 8.  Paragraph (a) of subsection (5) of section

  9  229.602, Florida Statutes, is amended to read:

10         229.602  Florida private sector and education

11  partnerships.--

12         (5)  Each school district shall designate one or more

13  persons to coordinate local private sector and education

14  partnership activities.  The general activities of these

15  coordinators shall be to enhance private sector and education

16  partnership activities.  The specific duties of the district

17  coordinators shall include, but not be limited to, the

18  following:

19         (a)  Maintaining contact with local businesses and

20  industries, local chamber of commerce organizations, regional

21  workforce boards private industry councils with Job Training

22  Partnership Act programs, district, career occupational

23  specialists, guidance personnel, economics educators,

24  volunteer coordinators, community education coordinators,

25  appropriate governmental personnel, and any others interested

26  in private sector and education partnerships.

27         Section 9.  Paragraphs (c), (d), and (l) of subsection

28  (1) of section 236.081, Florida Statutes, are amended, present

29  paragraphs (m) through (p) of that subsection are redesignated

30  as paragraphs (n) through (q), respectively, and a new

31  


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  1  paragraph (m) is added to that subsection, and paragraph (a)

  2  of subsection (5) of that section is amended, to read:

  3         236.081  Funds for operation of schools.--If the annual

  4  allocation from the Florida Education Finance Program to each

  5  district for operation of schools is not determined in the

  6  annual appropriations act or the substantive bill implementing

  7  the annual appropriations act, it shall be determined as

  8  follows:

  9         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

10  OPERATION.--The following procedure shall be followed in

11  determining the annual allocation to each district for

12  operation:

13         (c)  Determination of programs.--Cost factors based on

14  desired relative cost differences between the following

15  programs shall be established in the annual General

16  Appropriations Act. A secondary career or technical education

17  program certified as required by section 2 of this act

18  generates funding as provided in paragraph (m). Effective July

19  1, 2006, a full-time equivalent student in a career or

20  technical education program that is not industry-certified or

21  endorsed shall not generate any state funding unless the

22  student is in a course classified as exploration, orientation,

23  or practical arts and the General Appropriations Act contains

24  a cost factor for such courses. The Department of Education

25  shall complete a study by January 2002 to determine if career

26  and technical education programs should have differentiated

27  funding weights. The Commissioner of Education shall specify a

28  matrix of services and intensity levels to be used by

29  districts in the determination of the two weighted cost

30  factors for exceptional students with the highest levels of

31  need. For these students, the funding support level shall fund


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  1  the exceptional students' education program, with the

  2  exception of extended school year services for students with

  3  disabilities.

  4         1.  Basic programs.--

  5         a.  Kindergarten and grades 1, 2, and 3.

  6         b.  Grades 4, 5, 6, 7, and 8.

  7         c.  Grades 9, 10, 11, and 12.

  8         2.  Programs for exceptional students.--

  9         a.  Support Level IV.

10         b.  Support Level V.

11         3.  Secondary career and technical education programs,

12  industry-certified or endorsed.--

13         4.  Career and technical education programs, all other

14  programs.--

15         5.4.  English for Speakers of Other Languages.--

16         (d)  Annual allocation calculation.--

17         1.  The Department of Education shall is authorized and

18  directed to review all district programs and enrollment

19  projections and calculate a maximum total weighted full-time

20  equivalent student enrollment for each district for the K-12

21  FEFP.

22         2.  Maximum enrollments calculated by the department

23  shall be derived from enrollment estimates used by the

24  Legislature to calculate the FEFP.  If two or more districts

25  enter into an agreement under the provisions of s.

26  230.23(4)(d), after the final enrollment estimate is agreed

27  upon, the amount of FTE specified in the agreement, not to

28  exceed the estimate for the specific program as identified in

29  paragraph (c), may be transferred from the participating

30  districts to the district providing the program.

31  


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  1         3.  As part of its calculation of each district's

  2  maximum total weighted full-time equivalent student

  3  enrollment, the department shall establish separate enrollment

  4  ceilings for each of two program groups. Group 1 shall be

  5  composed of grades K-3, grades 4-8, and grades 9-12. Group 2

  6  shall be composed of students in exceptional student education

  7  programs, English for Speakers of Other Languages programs,

  8  all basic programs other than the programs in group 1, and all

  9  vocational programs in grades 6-12 7-12.

10         a.  The weighted enrollment ceiling for group 2

11  programs shall be calculated by multiplying the final

12  enrollment conference estimate for each program by the

13  appropriate program weight.  The weighted enrollment ceiling

14  for program group 2 shall be the sum of the weighted

15  enrollment ceilings for each program in the program group,

16  plus the increase in weighted full-time equivalent student

17  membership from the prior year for clients of the Department

18  of Children and Family Services and the Department of Juvenile

19  Justice.

20         b.  If, for any calculation of the FEFP, the weighted

21  enrollment for program group 2, derived by multiplying actual

22  enrollments by appropriate program weights, exceeds the

23  enrollment ceiling for that group, the following procedure

24  shall be followed to reduce the weighted enrollment for that

25  group to equal the enrollment ceiling:

26         (I)  The weighted enrollment ceiling for each program

27  in the program group shall be subtracted from the weighted

28  enrollment for that program derived from actual enrollments.

29         (II)  If the difference calculated under

30  sub-sub-subparagraph (I) is greater than zero for any program,

31  a reduction proportion shall be computed for the program by


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  1  dividing the absolute value of the difference by the total

  2  amount by which the weighted enrollment for the program group

  3  exceeds the weighted enrollment ceiling for the program group.

  4         (III)  The reduction proportion calculated under

  5  sub-sub-subparagraph (II) shall be multiplied by the total

  6  amount of the program group's enrollment over the ceiling as

  7  calculated under sub-sub-subparagraph (I).

  8         (IV)  The prorated reduction amount calculated under

  9  sub-sub-subparagraph (III) shall be subtracted from the

10  program's weighted enrollment.  For any calculation of the

11  FEFP, the enrollment ceiling for group 1 shall be calculated

12  by multiplying the actual enrollment for each program in the

13  program group by its appropriate program weight.

14         c.  For program group 2, the weighted enrollment

15  ceiling shall be a number not less than the sum obtained by:

16         (I)  Multiplying the sum of reported FTE for all

17  programs in the program group that have a cost factor of 1.0

18  or more by 1.0, and

19         (II)  By adding this number to the sum obtained by

20  multiplying the projected FTE for all programs with a cost

21  factor less than 1.0 by the actual cost factor.

22         4.  Following completion of the weighted enrollment

23  ceiling calculation as provided in subparagraph 3., a

24  supplemental capping calculation shall be employed for those

25  districts that are over their weighted enrollment ceiling. For

26  each such district, the total reported unweighted FTE

27  enrollment for group 2 programs shall be compared with the

28  total appropriated unweighted FTE enrollment for group 2

29  programs. If the total reported unweighted FTE for group 2 is

30  greater than the appropriated unweighted FTE, then the excess

31  unweighted FTE up to the unweighted FTE transferred from group


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  1  2 to group 1 for each district by the Public School FTE

  2  Estimating Conference shall be funded at a weight of 1.0 and

  3  added to the funded weighted FTE computed in subparagraph 3.

  4  This adjustment shall be calculated beginning with the third

  5  calculation of the 1998-1999 FEFP.

  6         (l)  Instruction in career education.--Effective for

  7  the 1985-1986 school year and thereafter, District pupil

  8  progression plans shall provide for the substitution of

  9  vocational courses for the nonelective courses required for

10  high school graduation pursuant to s. 232.246. Beginning July

11  1, 2006, a career and technical course may not be substituted

12  for another required course unless it is part of an

13  industry-certified or endorsed program certified as provided

14  in section 2 of this act. A student in grades 9 through 12 who

15  enrolls in and satisfactorily completes a job-preparatory

16  course program may substitute credit for a portion of the

17  required four credits in English, three credits in

18  mathematics, any credits in social studies, and three credits

19  in science. The credit substituted for English, mathematics,

20  social studies, or science earned through the vocational

21  job-preparatory course program shall be on a curriculum

22  equivalency basis as provided for in the State Course Code

23  Directory. The State Board of Education shall authorize by

24  rule vocational course substitutions not to exceed two credits

25  in each of the nonelective academic subject areas of English,

26  mathematics, social studies, and science.  School districts

27  shall provide for vocational course substitutions not to

28  exceed two credits in each of the nonelective academic subject

29  areas of English, mathematics, social studies, and science,

30  upon adoption of vocational student performance standards by

31  the school board pursuant to s. 232.2454.  A career and


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  1  technical course vocational program which has been used as a

  2  substitute for a nonelective academic credit in one subject

  3  area may not be used as a substitute for any other subject

  4  area. The credit in practical arts or exploratory career

  5  education required for high school graduation pursuant to s.

  6  232.246(1) shall be funded as a career education course. Such

  7  a course is eligible for funding at 1.15 times the cost factor

  8  for students enrolled in the basic program for grades 9-12

  9  only if it is part of a program certified or endorsed as

10  required by section 2 of this act.

11         (m)  Calculation of full-time equivalent membership for

12  an industry-certified or endorsed technical program.--Funding

13  for students enrolled in an industry-certified program as

14  provided in section 2 of this act is calculated at 1.15 times

15  the cost factor for students enrolled in the program for

16  grades 9-12 and multiplying that number by the number of

17  full-time equivalent students in an industry-certified or

18  endorsed career and technical program. A student who earns the

19  endorsement authorized by section 3 of this act generates

20  additional incentive funding for the program, as provided in

21  subsection (5). During the transition from the 2001-2002

22  school year until July 1, 2006, all career and technical

23  education programs not industry-certified or endorsed or

24  articulated to postsecondary institutions will continue to

25  earn weighted funding as determined in the General

26  Appropriations Act.

27         (5)  CATEGORICAL PROGRAMS.--The Legislature hereby

28  provides for the establishment of selected categorical

29  programs to assist in the development and maintenance of

30  activities giving indirect support to the programs previously

31  funded.  These categorical appropriations may be funded as


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    SB 2004                                        First Engrossed



  1  general and transitional categorical programs.  It is the

  2  intent of the Legislature that no transitional categorical

  3  program be funded for more than 4 fiscal years from the date

  4  of original authorization. Such programs are as follows:

  5         (a)  General.--

  6         1.  Comprehensive school construction and debt service

  7  as provided by law.

  8         2.  Community schools as provided by law.

  9         3.  School lunch programs as provided by law.

10         4.  Instructional material funds as provided by law.

11         5.  Student transportation as provided by law.

12         6.  Student development services as provided by law.

13         7.  Diagnostic and learning resource centers as

14  provided by law.

15         8.  Comprehensive health education as provided by law.

16         9.  Excellent Teaching Program as provided by law.

17         10.  Attainment of the high school career and technical

18  endorsement authorized by section 3 of this act and rules of

19  the State Board of Education.

20         Section 10.  Section 239.121, Florida Statutes, is

21  amended to read:

22         239.121  Career Occupational specialists.--

23         (1)  District school boards and community college

24  boards of trustees may employ career occupational specialists

25  to provide student counseling services and occupational

26  information to students and to provide information to local

27  business and industry regarding the availability of vocational

28  programs through local educational institutions.  Under the

29  supervision of a certified counselor, career occupational

30  specialists may undertake special assignments that include,

31  but are not limited to, the identification and intensive


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  1  counseling of current and former students and the parents of

  2  such students, as well as counseling students and all

  3  education personnel regarding job and career opportunities.

  4         (2)  Career Occupational specialists shall receive

  5  certification pursuant to State Board of Education rule and s.

  6  231.1725.  A career No occupational specialist may not be paid

  7  less than any other member of the instructional personnel who

  8  has equivalent qualifications and provides similar services.

  9  Career Occupational specialists may receive salary supplements

10  upon documentation that such supplements are necessary for

11  recruiting or retaining suitable personnel.

12         (3)  The Department of Education and each school

13  district that employs a career specialist shall assist that

14  person in preparing a professional development plan designed

15  to provide the skills necessary to perform the duties

16  associated with implementing a comprehensive technical

17  education program of study. 

18         Section 11.  Paragraph (a) of subsection (2) of section

19  239.229, Florida Statutes, is amended to read:

20         239.229  Vocational standards.--

21         (2)(a)  Each school board and superintendent shall

22  direct the smooth transition of high school career and

23  technical education programs to industry-certified or endorsed

24  programs of study included in a comprehensive course of study.

25  Each school board and superintendent shall also direct the

26  implementation of all components required to obtain the

27  endorsement authorized in section 3 of this act if the

28  district chooses to offer the endorsement. School board,

29  superintendent, and school accountability for career education

30  within elementary and secondary schools includes, but is not

31  limited to:


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  1         1.  Student exposure to a variety of careers and

  2  provision of instruction to explore specific careers in

  3  greater depth.

  4         2.  Student awareness of available vocational programs

  5  and the corresponding occupations into which such programs

  6  lead.

  7         3.  Student development of individual career plans.

  8         4.  Integration of academic and vocational skills in

  9  the secondary curriculum.

10         5.  Student preparation to enter the workforce and

11  enroll in postsecondary education without being required to

12  complete college-preparatory or vocational-preparatory

13  instruction.

14         6.  Student retention in school through high school

15  graduation.

16         7.  Career and technical Vocational curriculum

17  articulation with corresponding postsecondary programs in the

18  local area technical center or community college, or both.

19         Section 12.  Section 446.609, Florida Statutes, is

20  amended to read:

21         446.609  Jobs for Florida's Graduates Act.--

22         (1)  SHORT TITLE.--This section may be cited as the

23  "Jobs for Florida's Graduates Act."

24         (2)  DEFINITIONS.--For the purposes of this section:

25         (a)  "Board" means the board of directors of the

26  Florida Endowment Foundation for Florida's Graduates.

27         (b)  "Department" means the Department of Education.

28         (c)  "Endowment fund" means an account established

29  within the Florida Endowment Foundation for Florida's

30  Graduates to provide a continuing and growing source of

31  revenue for school-to-work transition efforts.


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  1         (d)  "Foundation" means the Florida Endowment

  2  Foundation for Florida's Graduates.

  3         (e)  "Operating account" means an account established

  4  under paragraph (7)(8)(h) to carry out the purposes of this

  5  section.

  6         (3)  LEGISLATIVE INTENT.--The Legislature recognizes

  7  that it is in the best interest of the citizens of this state

  8  that the state have a well-educated and skilled workforce to

  9  be competitive in a changing economy. It is the intent of the

10  Legislature to meet the challenge of ensuring a skilled

11  workforce by creating a formal program to facilitate the

12  important school-to-work transition and to provide additional

13  funding to achieve this goal.  Accordingly, the Legislature

14  finds and declares that:

15         (a)  The purpose of this section is to broaden the

16  participation and funding potential for further significant

17  support for Florida students who are approaching the

18  transition from school to work.

19         (b)  It is appropriate to encourage individual and

20  corporate support and involvement, as well as state support

21  and involvement, to promote employment opportunities for

22  Florida's students.

23         (4)  PROGRAM.--There is hereby created, for an initial

24  5-year period, a school-to-work program to be known as Jobs

25  for Florida's Graduates which shall, during the initial 5-year

26  phase set forth in this section and except as otherwise

27  provided by law or by rule of the Department of Education, be

28  operated in accordance with the process and outcome standards

29  of Jobs for America's Graduates, Inc.  To that end, the board

30  shall enter into a sponsoring agreement with Jobs for

31  


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    SB 2004                                        First Engrossed



  1  America's Graduates, Inc., to carry out the Jobs for America's

  2  Graduates model within the state.

  3         (a)  During the first year of operation, the Jobs for

  4  Florida's Graduates Program shall be operated in not less than

  5  25 nor more than 50 high schools in the state to be chosen by

  6  the board.  The goal of the program shall be to have a minimum

  7  of 300 high schools participating in the program by the end of

  8  the 2001-2002 school year.

  9         (b)  The schools chosen by the board to participate in

10  the program must represent a demographically balanced sample

11  population, include both urban and rural schools, and be

12  comprised of schools, including charter schools, in all

13  geographic areas of the state.  Each school selected to

14  participate shall enter into a formal written agreement with

15  the board which, at a minimum, details the responsibilities of

16  each party and the process and outcome goals of the initial

17  5-year Jobs for Florida's Graduates Program.

18         (c)  Students shall be selected and approved for

19  participation in the program by the educational institutions

20  in which they are enrolled, and such selection and approval

21  shall be based on their being classified as 12th grade at-risk

22  students pursuant to the Jobs for America's Graduates model.

23         (5)  REVENUE FOR THE ENDOWMENT FUND.--

24         (a)  An endowment fund is created as a long-term,

25  stable, growing source of revenue to be administered by the

26  foundation in accordance with rules promulgated by the

27  department.

28         (b)  The principal of the endowment fund shall consist

29  of legislative appropriations that are made to the endowment

30  fund and bequests, gifts, grants, and donations as may be

31  solicited from public or private sources by the foundation.


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  1         (c)  The State Board of Administration shall invest and

  2  reinvest moneys of the endowment fund principal in accordance

  3  with the provisions of ss. 215.44-215.53. Interest and

  4  investment income earned on the endowment fund principal shall

  5  be annually transmitted to the foundation, based upon a fiscal

  6  year which runs from July 1 through June 30, and shall be

  7  deposited in the foundation's operating account for

  8  distribution as provided in this section.

  9         (5)(6)  THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S

10  GRADUATES.--

11         (a)  The Florida Endowment Foundation for Florida's

12  Graduates is created as a direct-support organization of the

13  Department of Education to encourage public and private

14  support to enhance school-to-work transition. As a

15  direct-support organization, the foundation shall operate

16  under contract with the department and shall be:

17         1.  A Florida corporation not for profit which is

18  incorporated under the provisions of chapter 617 and approved

19  by the Department of State.

20         2.  Organized and operated exclusively to do the

21  following:  raise funds; submit requests and receive grants

22  from the Federal Government, the state, private foundations,

23  and individuals; receive, hold, and administer property; and

24  make expenditures to or for the benefit of school-to-work

25  transition programs approved by the board of directors of the

26  foundation.

27         (b)  As a direct-support organization, The foundation

28  shall:

29         1.  Develop articles of incorporation.

30         2.  Create a board of directors appointed by the

31  Commissioner of Education.


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  1         3.  Perform an annual financial and performance review

  2  to determine if the foundation is operating in a manner

  3  consistent with the goals of the Legislature in providing

  4  assistance for school-to-work transitions.

  5         4.  Provide a mechanism for the reversion to the state

  6  of moneys in the foundation and in any other funds and

  7  accounts held in trust by the foundation if the foundation is

  8  dissolved.

  9         (6)(7)  BOARD OF DIRECTORS.--The foundation shall be

10  administered by a board of directors, as follows:

11         (a)  The board shall consist of at least 15 members a

12  majority of which shall. At least 9 of the 15 members must be

13  from the private sector, and the remaining members may be from

14  the public sector. Among the public sector members,

15  representation shall come from secondary education, vocational

16  education, and job-training programs such as Job Education

17  Partnership. The chair shall may be from either the private

18  sector or the public sector.

19         (b)  All members shall have an interest in

20  school-to-work transition and, insofar as is practicable,

21  shall:

22         1.  Have skills in foundation work or other fundraising

23  activities, financial consulting, or investment banking or

24  other related experience; or

25         2.  Have experience in policymaking or senior

26  management level positions or have distinguished themselves in

27  the fields of education, business, or industry.

28         (c)  Initially, the chair and all board members shall

29  be appointed by the Commissioner of Education. Effective July

30  1, 2001, all reappointments shall be made by a membership

31  committee comprised of current board members.


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  1         1.  The chair shall be appointed for a term of 2 years

  2  and may be reappointed.  However, no chair may serve more than

  3  6 consecutive years.

  4         2.  Board members shall serve for 3-year terms or

  5  until resignation or removal for cause, except that members

  6  appointed to serve initial terms shall be appointed for

  7  staggered terms of 1, 2, and 3 years, respectively.

  8         (d)  In the event of a vacancy on the board caused by

  9  an occurrence other than the expiration of a term, a new

10  member shall be appointed.

11         (e)  Each member is accountable to the Commissioner of

12  Education for the proper performance of the duties of office.

13  The commissioner may remove any member from office for

14  malfeasance, misfeasance, neglect of duty, incompetence, or

15  permanent inability to perform official duties or for pleading

16  nolo contendere to, or being found guilty of, a crime.

17         (7)(8)  ORGANIZATION, POWERS, AND DUTIES.--Within the

18  limits prescribed in this section or by rule of the

19  department:

20         (a)  Upon appointment, the board shall meet and

21  organize. Thereafter, the board shall hold such meetings as

22  are necessary to implement the provisions of this section and

23  shall conduct its business in accordance with rules

24  promulgated by the department.

25         (b)  The board may solicit and receive bequests, gifts,

26  grants, donations, goods, and services.  When gifts are

27  restricted as to purpose, they may be used only for the

28  purpose or purposes stated by the donor.

29         (c)  The board may enter into contracts with the

30  Federal Government, state or local agencies, private entities,

31  or individuals to carry out the purposes of this section.


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  1         (d)  The board may identify, initiate, and fund Jobs

  2  for Florida's Graduates programs to carry out the purposes of

  3  this section.

  4         (e)  The board may make gifts or grants:

  5         1.  To the state, or any political subdivision thereof,

  6  or any public agency of state or local government.

  7         2.  To a corporation, trust, association, or foundation

  8  organized and operated exclusively for charitable,

  9  educational, or scientific purposes.

10         3.  To the department for purposes of program

11  recognition and marketing, public relations and education,

12  professional development, and technical assistance and

13  workshops for grant applicants and recipients and the business

14  community.

15         (f)  The board may advertise and solicit applications

16  for funding and shall evaluate applications and program

17  proposals submitted thereto.

18         (g)  The board shall monitor, review, and annually

19  evaluate funded programs to determine whether funding should

20  be continued, terminated, reduced, or increased.

21         (h)  The board shall establish an operating account for

22  the deposit of funds to be used in carrying out the purposes

23  of this section.

24         (i)  The board shall operate the Jobs for Florida's

25  Graduates Program in such a way, and shall recommend to the

26  Department of Education the adoption of such rules as may be

27  necessary, to ensure that the following outcome goals are met:

28         1.  In year 1:

29         a.  The statewide graduation rates, or GED test

30  completion rates, of participants in the Jobs for Florida's

31  Graduates Program shall be at least 82 percent by June 30


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    SB 2004                                        First Engrossed



  1  March 31 of the year following the end of the academic year in

  2  which the participants' respective high school classes

  3  graduated.

  4         b.  By June 30 March 31 of the year following the end

  5  of the academic year in which the participants' respective

  6  high school classes graduated, 70 to 75 percent of graduated

  7  working participants in the Jobs for Florida's Graduates

  8  Program shall be employed full time a minimum of 40 hours per

  9  week in the civilian sector or the military or enrolled in

10  postsecondary training education, or any combination of these

11  that together are equivalent to full time 40 hours per week.

12         c.  By June 30 March 31 of the year following the end

13  of the academic year in which the participants' respective

14  high school classes graduated, the average wage of graduated

15  participants in the Jobs for Florida's Graduates Program who

16  are working shall be at or above the national average wage for

17  all participants in programs affiliated with Jobs for

18  America's Graduates, Inc.

19         2.  In year 2:

20         a.  The statewide graduation rates, or GED test

21  completion rates, of participants in the Jobs for Florida's

22  Graduates Program shall be at least 85 percent by June 30

23  March 31 of the year following the end of the academic year in

24  which the participants' respective high school classes

25  graduated.

26         b.  By June 30 March 31 of the year following the end

27  of the academic year in which the participants' respective

28  high school classes graduated, 75 to 78 percent of graduated

29  working participants in the Jobs for Florida's Graduates

30  Program shall be employed full time a minimum of 40 hours per

31  week in the civilian sector or the military or enrolled in


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    SB 2004                                        First Engrossed



  1  postsecondary training education, or any combination of these

  2  that together are equivalent to full time 40 hours per week.

  3         c.  By June 30 March 31 of the year following the end

  4  of the academic year in which the participants' respective

  5  high school classes graduated, the average wage of graduated

  6  participants in the Jobs for Florida's Graduates Program who

  7  are working shall be at or above the national average wage for

  8  all participants in programs affiliated with Jobs for

  9  America's Graduates, Inc.

10         3.  In years 3 through 5:

11         a.  The statewide graduation rates, or GED test

12  completion rates, of participants in the Jobs for Florida's

13  Graduates Program shall be at least 90 percent by June 30

14  March 31 of the year following the end of the academic year in

15  which the participants' respective high school classes

16  graduated.

17         b.  By June 30 March 31 of the year following the end

18  of the academic year in which the participants' respective

19  high school classes graduated, 80 percent of graduated working

20  participants in the Jobs for Florida's Graduates Program shall

21  be employed full time a minimum of 40 hours per week in the

22  civilian sector or the military or enrolled in postsecondary

23  training education, or any combination of these that together

24  are equivalent to full time 40 hours per week.

25         c.  By June 30 March 31 of the year following the end

26  of the academic year in which the participants' respective

27  high school classes graduated, the average wage of graduated

28  participants in the Jobs for Florida's Graduates Program who

29  are working shall be at or above the national average wage for

30  all participants in programs affiliated with Jobs for

31  America's Graduates, Inc.


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  1         (j)  The board may take such additional actions,

  2  including independently organizing and conducting hiring

  3  practices, as are deemed necessary and appropriate to

  4  administer the provisions of this section.  To the maximum

  5  extent possible, the board shall hire Jobs for Florida's

  6  Graduates Program staff who operate in selected schools to

  7  fill necessary staff positions and shall provide for salary,

  8  benefits, discipline, evaluation, or discharge according to a

  9  contractual agreement. These positions shall not be state

10  employee positions.

11         (9)  DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND

12  PRINCIPAL.--The board shall use the moneys in the operating

13  account, by whatever means, to provide for:

14         (a)  Planning, research, and policy development for

15  issues related to school-to-work transition and publications

16  and dissemination of such information as may serve the

17  objectives of this section.

18         (b)  Promotion of initiatives for school-to-work

19  transition.

20         (c)  Funding of programs which engage in, contract for,

21  foster, finance, or aid in job training and counseling for

22  school-to-work transition research, education, or

23  demonstration, or other related activities.

24         (d)  Funding of programs which engage in, contract for,

25  foster, finance, or aid in activities designed to advance

26  better public understanding and appreciation of the

27  school-to-work transition.

28         (10)  STARTUP FUNDING.--Notwithstanding any provision

29  of this section to the contrary, in order to provide for first

30  year startup funds, 50 percent of the money allocated during

31  the 12-month period beginning July 1, 1998, shall not be


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    SB 2004                                        First Engrossed



  1  available for investment by the State Board of Administration,

  2  but shall be transmitted quarterly to the foundation board and

  3  shall be available to the foundation for the purposes set

  4  forth in this section.

  5         (8)(11)  ACCREDITATION.--During the initial 5-year

  6  period, The board shall request and contract with the national

  7  accreditation process of Jobs for America's Graduates, Inc.,

  8  to ensure the viability and efficacy of the individual

  9  school-based Jobs for Florida's Graduates programs in the

10  state.

11         (9)(12)  ANNUAL AUDIT.--The board shall cause an annual

12  audit of the foundation's financial accounts to be conducted

13  by an independent certified public accountant in accordance

14  with rules adopted by the department.  The annual audit report

15  shall be submitted to the Auditor General and the department

16  for review.  The Auditor General and the department may

17  require and receive from the foundation, or from its

18  independent auditor, any relevant detail or supplemental data.

19         (10)(13)  ASSESSMENT OF PROGRAM RESULTS.--The success

20  of the Jobs for Florida's Graduates Program shall be assessed

21  as follows:

22         (a)  No later than November 1 of each year of the Jobs

23  for Florida's Graduates Program, Jobs for America's Graduates,

24  Inc., shall conduct and deliver to the Office of Program

25  Policy Analysis and Government Accountability a full review

26  and report of the program's activities.  The Office of Program

27  Policy Analysis and Government Accountability shall audit and

28  review the report and deliver the report, along with its

29  analysis and any recommendations for expansion, curtailment,

30  modification, or continuation, to the board not later than

31  December 31 of the same year.


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  1         (b)  Beginning in the first year of the Jobs for

  2  Florida's Graduates Program, the Division of Economic and

  3  Demographic Research of the Joint Legislative Management

  4  Committee shall undertake, during the initial phase, an

  5  ongoing longitudinal study of participants to determine the

  6  overall efficacy of the program.  The division shall transmit

  7  its findings each year to the Office of Program Policy

  8  Analysis and Government Accountability for inclusion in the

  9  report provided for in paragraph (a).

10         (11)(14)  ANNUAL REPORT.--The board shall issue a

11  report to the Governor, the President of the Senate, the

12  Speaker of the House of Representatives, and the Commissioner

13  of Education by March 1, 2000, and each year thereafter,

14  summarizing the performance of the endowment fund for the

15  previous fiscal year and the foundation's fundraising

16  activities and performance and detailing those activities and

17  programs supported by the earnings on the endowment principal

18  or by bequests, gifts, grants, donations, and other valued

19  goods and services received.

20         (12)(15)  RULES.--The department shall adopt promulgate

21  rules to implement for the implementation of this section.

22         Section 13.  The State Board of Administration shall

23  transfer all principal and interest in the endowment fund, as

24  defined in s. 446.609, Florida Statutes, to the Board of

25  Directors of the Florida Endowment Foundation for Florida's

26  Graduates to be used for the Jobs for Florida's Graduates

27  Program as provided by law.

28         Section 14.  Section 3 of chapter 98-218, Laws of

29  Florida, is repealed.

30         Section 15.  This act shall take effect July 1, 2001.

31  


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