Senate Bill sb1914c1
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    Florida Senate - 2003                           CS for SB 1914
    By the Committee on Education; and Senator Bennett
    304-2031-03
  1                      A bill to be entitled
  2         An act relating to career and technical
  3         education; providing legislative intent;
  4         requiring career and technical education
  5         programs within a comprehensive high school
  6         program of study to be industry certified;
  7         requiring State Board of Education rules for
  8         the certification process; providing full-time
  9         equivalent student funding for student
10         enrollment; requiring articulation with
11         postsecondary programs; providing academic
12         requirements for students enrolled in career
13         and technical education programs; providing for
14         a career and technical education endorsement on
15         a high school diploma and incentive funding to
16         school districts for students receiving the
17         endorsement; providing professional development
18         programs for guidance counselors and career
19         specialists; amending s. 1003.491, F.S.;
20         providing certain responsibilities for district
21         school boards and superintendents; amending s.
22         1011.62, F.S., relating to the Florida
23         Education Finance Program; providing for
24         funding of career and technical education
25         programs; revising a program group; providing
26         incentive funding for attainment of high school
27         career and technical education endorsements as
28         a categorical program; amending s. 1012.01,
29         F.S.; revising a personnel classification
30         title; requiring a study by the Office of
31         Program Policy Analysis and Government
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    Florida Senate - 2003                           CS for SB 1914
    304-2031-03
 1         Accountability; amending s. 1002.34, F.S.;
 2         allowing charter technical career sponsors to
 3         submit full-time-enrollment membership data as
 4         defined in the charter agreement; providing
 5         effective dates.
 6  
 7  Be It Enacted by the Legislature of the State of Florida:
 8  
 9         Section 1.  (1)  The Legislature intends to ensure that
10  all high schools provide supportive services to students and
11  their parents to determine the comprehensive program of study
12  that will best meet the needs and goals of each student. At a
13  minimum, these services must include access to a guidance
14  counselor and assistance in developing an educational and
15  career plan. Each high school shall provide a variety of
16  comprehensive, relevant programs of study that will meet the
17  needs of all students and enable each student to pursue his or
18  her individual educational and career goals.
19         (2)  Key components of this process are:
20         (a)  A variety of programs of study that are based on
21  individual educational and career goals.
22         (b)  Parental involvement in the identification of the
23  appropriate program of study.
24         (c)  Assurance that all programs of study are designed
25  to provide a seamless transition to appropriate postsecondary
26  education and employment.
27         Section 2.  (1)  A career and technical education
28  program within a comprehensive high school program of study
29  must be certified by the appropriate industry to ensure that
30  all components of the program are relevant and appropriate to
31  
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    Florida Senate - 2003                           CS for SB 1914
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 1  prepare the student for further education and employment in
 2  that industry.
 3         (2)  Effective July 1, 2008, each career and technical
 4  education program that prepares students for postsecondary
 5  education and employment and is offered as part of a
 6  comprehensive program of study in a high school must be
 7  industry certified, except for courses classified as
 8  exploratory, orientation, or practical arts. A student
 9  enrolled in a course within a career and technical education
10  program that is not industry certified may not be reported for
11  full-time equivalent funding through the Florida Education
12  Finance Program unless the course is classified as
13  exploratory, orientation, or practical arts. The Department of
14  Education shall ensure that each program is certified by July
15  1, 2008, and recertified at least every 5 years thereafter.
16  The State Board of Education shall adopt rules pursuant to
17  sections 120.536(1) and 120.54, Florida Statutes, for
18  implementing the certification process, which rules must
19  establish any necessary procedures for obtaining appropriate
20  business partners and requirements for business and industry
21  involvement in curriculum oversight and equipment procurement.
22         (3)  Each full-time equivalent student in an
23  industry-certified career and technical education program
24  shall generate 1.5 times the cost factor for students enrolled
25  in the basic program for grades 9-12, as provided in section
26  1011.62, Florida Statutes, and the annual General
27  Appropriations Act.
28         (4)  Effective July 1, 2008, each career and technical
29  education program offered by a high school and able to be
30  articulated to a postsecondary level must have an articulation
31  agreement with one or more appropriate postsecondary
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    Florida Senate - 2003                           CS for SB 1914
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 1  educational institutions to ensure a seamless transition to a
 2  related postsecondary program without a loss of credit for the
 3  student. Students enrolled in a program that is not
 4  articulated to a postsecondary program may not be reported for
 5  full-time equivalent student funding through the Florida
 6  Education Finance Program unless the course is classified as
 7  exploratory, orientation, or practical arts or terminates at
 8  the high school level.
 9         Section 3.  (1)  A comprehensive program of study in
10  career and technical education must be designed to ensure that
11  upon completion of the program of study and graduation from
12  high school, a student is prepared to continue his or her
13  education at a postsecondary educational institution and
14  obtain employment. Therefore, a comprehensive career and
15  technical education program of study must require of each
16  student:
17         (a)  Completion of academic courses with a designation
18  from the Department of Education of level two or above. All
19  credits earned to meet graduation requirements in mathematics,
20  science, and communication must have that designation.
21         (b)  Attainment of at least one occupational completion
22  point in an industry-certified career and technical education
23  program or completion of at least two courses in a technology
24  education program.
25         (c)  Completion of a one-credit core course addressing
26  workplace readiness skills. The State Board of Education shall
27  define by rule the content of the course and shall ensure that
28  the course meets graduation requirements for performing fine
29  arts or practical arts. The course requirement may be
30  satisfied by infusing course content into an existing select
31  career and technical education course.
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 1         (d)  Participation in work-based learning experiences,
 2  as defined by rule by the State Board of Education.
 3         (e)  Participation in a capstone activity that includes
 4  a project related to a career. This activity is designed to
 5  apply and demonstrate the competencies and concepts attained
 6  in the student's program of study. The State Board of
 7  Education may specify by rule characteristics of capstone
 8  activities that meet the intent of this paragraph.
 9         (2)  A student who fulfills the following requirements
10  may be recognized with a career and technical education
11  endorsement on his or her high school diploma:
12         (a)  Completion of the requirements for high school
13  graduation as provided in section 1003.43, Florida Statutes,
14  and the additional requirements for a comprehensive career and
15  technical education program of study provided in subsection
16  (1).
17         (b)  Passing of the college entry-level placement test
18  or an equivalent test identified by the Department of
19  Education with a score adequate to enroll in a public
20  postsecondary educational program without the need for college
21  preparatory or vocational preparatory instruction.
22         (3)  The career and technical education endorsement
23  indicates that the student is prepared to continue into
24  postsecondary education without the need for remediation and
25  that the student has marketable employment skills. The State
26  Board of Education may adopt by rule a standard format for the
27  endorsement.
28         (4)  For each student who receives the career and
29  technical education endorsement on his or her high school
30  diploma, the school district shall receive incentive funding
31  
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    Florida Senate - 2003                           CS for SB 1914
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 1  as provided in section 1011.62, Florida Statutes, and the
 2  annual General Appropriations Act.
 3         (5)  A school district that generates funds as a result
 4  of industry-certified programs or incentive funding for
 5  student achievement of the career and technical education
 6  endorsement on the high school diploma must expend the total
 7  amount on the comprehensive career and technical education
 8  program of study. The school district may not apply indirect
 9  charges to incentive funds earned.
10         Section 4.  The Legislature finds that to adequately
11  assist students in advanced technical and academic career
12  planning, high school guidance counselors and career
13  specialists require preservice and inservice professional
14  development programs that contain sufficient information on
15  career education.
16         (1)  Each guidance counselor and career specialist in a
17  school with an industry-certified career and technical
18  education program shall complete 12 hours of inservice
19  training in career and technical education for every 5-year
20  period. The inservice training shall include:
21         (a)  An emphasis on labor market trends and
22  projections.
23         (b)  A practicum that focuses on development of a
24  career awareness program.
25         (c)  Content related to a career or employment within a
26  guidance counselor's work experience.
27         (2)  The Department of Education shall assist guidance
28  counselors and career specialists in attaining the additional
29  inservice training required. The State Board of Education
30  shall revise rules governing the certification and
31  recertification of guidance counselors to allow substitution
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    Florida Senate - 2003                           CS for SB 1914
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 1  of personal work-based experiences and temporary employment
 2  opportunities in business and industry for the required
 3  classroom instruction.
 4         (3)  The Legislature encourages colleges of education
 5  to provide for additional coursework required pursuant to this
 6  section without increasing the total number of credit hours
 7  needed to complete a program. Instead, the colleges are
 8  encouraged to infuse course content into courses required for
 9  introduction, theory, and practicum.
10         Section 5.  Subsection (1) of section 1003.491, Florida
11  Statutes, is amended to read:
12         1003.491  Career and technical education.--
13         (1)  Each district school board and superintendent
14  shall direct the smooth transition of high school career and
15  technical education programs to industry-certified programs of
16  study included in a comprehensive course of study. Each
17  district school board and superintendent shall also direct the
18  implementation of all components required to obtain the career
19  and technical education endorsement on the high school diploma
20  if the school district chooses to offer the endorsement.
21  School board, superintendent, and school accountability for
22  career and technical education within elementary and secondary
23  schools includes, but is not limited to:
24         (a)  Student exposure to a variety of careers and
25  provision of instruction to explore specific careers in
26  greater depth.
27         (b)  Student awareness of available career and
28  technical programs and the corresponding occupations into
29  which such programs lead.
30         (c)  Student development of individual career plans.
31  
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 1         (d)  Integration of academic and career and technical
 2  skills in the secondary curriculum.
 3         (e)  Student preparation to enter the workforce and
 4  enroll in postsecondary education without being required to
 5  complete college preparatory or vocational preparatory
 6  instruction.
 7         (f)  Student retention in school through high school
 8  graduation.
 9         (g)  Career and technical education curriculum
10  articulation with corresponding postsecondary programs in the
11  local area technical center or community college, or both.
12         Section 6.  Paragraphs (c) and (d) of subsection (1) of
13  section 1011.62, Florida Statutes, are amended, paragraphs (k)
14  through (r) of that subsection are redesignated as paragraphs
15  (l) through (s), respectively, a new paragraph (k) is added to
16  that subsection, and paragraph (a) of subsection (5) of that
17  section is amended, to read:
18         1011.62  Funds for operation of schools.--If the annual
19  allocation from the Florida Education Finance Program to each
20  district for operation of schools is not determined in the
21  annual appropriations act or the substantive bill implementing
22  the annual appropriations act, it shall be determined as
23  follows:
24         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
25  OPERATION.--The following procedure shall be followed in
26  determining the annual allocation to each district for
27  operation:
28         (c)  Determination of programs.--Cost factors based on
29  desired relative cost differences between the following
30  programs shall be established in the annual General
31  Appropriations Act. An industry-certified secondary career and
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 1  technical education program shall generate funding as provided
 2  in paragraph (k). Effective July 1, 2008, a full-time
 3  equivalent student in a career and technical education program
 4  that is not industry certified shall not generate any state
 5  funding unless the student is in a course classified as
 6  exploratory, orientation, or practical arts and the General
 7  Appropriations Act contains a cost factor for such course. The
 8  Commissioner of Education shall specify a matrix of services
 9  and intensity levels to be used by districts in the
10  determination of the two weighted cost factors for exceptional
11  students with the highest levels of need. For these students,
12  the funding support level shall fund the exceptional students'
13  education program, with the exception of extended school year
14  services for students with disabilities.
15         1.  Basic programs.--
16         a.  Kindergarten and grades 1, 2, and 3.
17         b.  Grades 4, 5, 6, 7, and 8.
18         c.  Grades 9, 10, 11, and 12.
19         2.  Programs for exceptional students.--
20         a.  Support Level IV.
21         b.  Support Level V.
22         3.  Secondary career and technical education programs
23  that are industry certified.--
24         4.  Secondary career and technical education programs
25  that are not industry certified.--
26         5.4.  English for Speakers of Other Languages.--
27         (d)  Annual allocation calculation.--
28         1.  The Department of Education shall is authorized and
29  directed to review all district programs and enrollment
30  projections and calculate a maximum total weighted full-time
31  
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    Florida Senate - 2003                           CS for SB 1914
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 1  equivalent student enrollment for each district for the K-12
 2  FEFP.
 3         2.  Maximum enrollments calculated by the department
 4  shall be derived from enrollment estimates used by the
 5  Legislature to calculate the FEFP. If two or more districts
 6  enter into an agreement under the provisions of s.
 7  1001.42(4)(d), after the final enrollment estimate is agreed
 8  upon, the amount of FTE specified in the agreement, not to
 9  exceed the estimate for the specific program as identified in
10  paragraph (c), may be transferred from the participating
11  districts to the district providing the program.
12         3.  As part of its calculation of each district's
13  maximum total weighted full-time equivalent student
14  enrollment, the department shall establish separate enrollment
15  ceilings for each of two program groups. Group 1 shall be
16  composed of basic programs for grades K-3, grades 4-8, and
17  grades 9-12. Group 2 shall be composed of students in
18  exceptional student education programs, English for Speakers
19  of Other Languages programs, and all career and technical
20  programs in grades 6-12 7-12.
21         a.  The weighted enrollment ceiling for group 2
22  programs shall be calculated by multiplying the final
23  enrollment conference estimate for each program by the
24  appropriate program weight. The weighted enrollment ceiling
25  for program group 2 shall be the sum of the weighted
26  enrollment ceilings for each program in the program group,
27  plus the increase in weighted full-time equivalent student
28  membership from the prior year for clients of the Department
29  of Children and Family Services and the Department of Juvenile
30  Justice.
31  
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 1         b.  If, for any calculation of the FEFP, the weighted
 2  enrollment for program group 2, derived by multiplying actual
 3  enrollments by appropriate program weights, exceeds the
 4  enrollment ceiling for that group, the following procedure
 5  shall be followed to reduce the weighted enrollment for that
 6  group to equal the enrollment ceiling:
 7         (I)  The weighted enrollment ceiling for each program
 8  in the program group shall be subtracted from the weighted
 9  enrollment for that program derived from actual enrollments.
10         (II)  If the difference calculated under
11  sub-sub-subparagraph (I) is greater than zero for any program,
12  a reduction proportion shall be computed for the program by
13  dividing the absolute value of the difference by the total
14  amount by which the weighted enrollment for the program group
15  exceeds the weighted enrollment ceiling for the program group.
16         (III)  The reduction proportion calculated under
17  sub-sub-subparagraph (II) shall be multiplied by the total
18  amount of the program group's enrollment over the ceiling as
19  calculated under sub-sub-subparagraph (I).
20         (IV)  The prorated reduction amount calculated under
21  sub-sub-subparagraph (III) shall be subtracted from the
22  program's weighted enrollment. For any calculation of the
23  FEFP, the enrollment ceiling for group 1 shall be calculated
24  by multiplying the actual enrollment for each program in the
25  program group by its appropriate program weight.
26         c.  For program group 2, the weighted enrollment
27  ceiling shall be a number not less than the sum obtained by:
28         (I)  Multiplying the sum of reported FTE for all
29  programs in the program group that have a cost factor of 1.0
30  or more by 1.0, and
31  
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 1         (II)  By adding this number to the sum obtained by
 2  multiplying the projected FTE for all programs with a cost
 3  factor less than 1.0 by the actual cost factor.
 4         4.  Following completion of the weighted enrollment
 5  ceiling calculation as provided in subparagraph 3., a
 6  supplemental capping calculation shall be employed for those
 7  districts that are over their weighted enrollment ceiling. For
 8  each such district, the total reported unweighted FTE
 9  enrollment for group 2 programs shall be compared with the
10  total appropriated unweighted FTE enrollment for group 2
11  programs. If the total reported unweighted FTE for group 2 is
12  greater than the appropriated unweighted FTE, then the excess
13  unweighted FTE up to the unweighted FTE transferred from group
14  2 to group 1 for each district by the Public School FTE
15  Estimating Conference shall be funded at a weight of 1.0 and
16  added to the funded weighted FTE computed in subparagraph 3.
17         (k)  Calculation of full-time equivalent membership for
18  an industry-certified career and technical education
19  program.--Funding for students enrolled in an
20  industry-certified career and technical education program is
21  calculated at 1.5 times the cost factor for students enrolled
22  in the basic program for grades 9-12 multiplied by the number
23  of full-time equivalent students in an industry-certified
24  career and technical education program. A student who earns
25  the career and technical education endorsement on the high
26  school diploma indicating that he or she has completed the
27  additional requirements for a comprehensive career and
28  technical education program of study shall generate additional
29  incentive funding for the program, as provided in subsection
30  (5). During the transition from the 2003-2004 school year
31  until July 1, 2008, all career and technical education
                                  12
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 1  programs not industry certified or articulated to
 2  postsecondary educational institutions shall continue to earn
 3  weighted funding as determined in the General Appropriations
 4  Act.
 5         (5)  CATEGORICAL FUNDS.--
 6         (a)  In addition to the basic amount for current
 7  operations for the FEFP as determined in subsection (1), the
 8  Legislature may appropriate categorical funding for specified
 9  programs, activities, or purposes. Categorical funding shall
10  include incentive funding for attainment of the career and
11  technical education endorsement on the high school diploma.
12         Section 7.  Paragraph (b) of subsection (2) of section
13  1012.01, Florida Statutes, is amended to read:
14         1012.01  Definitions.--Specific definitions shall be as
15  follows, and wherever such defined words or terms are used in
16  the Florida K-20 Education Code, they shall be used as
17  follows:
18         (2)  INSTRUCTIONAL PERSONNEL.--"Instructional
19  personnel" means any staff member whose function includes the
20  provision of direct instructional services to students.
21  Instructional personnel also includes personnel whose
22  functions provide direct support in the learning process of
23  students. Included in the classification of instructional
24  personnel are:
25         (b)  Student personnel services.--Student personnel
26  services include staff members responsible for: advising
27  students with regard to their abilities and aptitudes,
28  educational and occupational opportunities, and personal and
29  social adjustments; providing placement services; performing
30  educational evaluations; and similar functions. Included in
31  this classification are guidance counselors, social workers,
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 1  career occupational/placement specialists, and school
 2  psychologists.
 3         Section 8.  The Office of Program Policy Analysis and
 4  Government Accountability shall conduct a study to determine
 5  if career and technical education programs should have
 6  differentiated funding weights, which study shall be completed
 7  by January 1, 2004.
 8         Section 9.  Subsection (11) of section 1002.34, Florida
 9  Statutes, is amended to read:
10         1002.34  Charter technical career centers.--
11         (11)  FUNDING.--
12         (a)  Notwithstanding any other provision of law, a
13  charter technical career center's student membership
14  enrollment must be calculated pursuant to this section.
15         (b)(a)  Each district school board and community
16  college that sponsors a charter technical career center shall
17  pay directly to the center an amount stated in the charter.
18  State funding shall be generated for the center for its
19  student enrollment and program outcomes as provided in law.  A
20  center is eligible for funding from the Florida Workforce
21  Development Education Fund, the Florida Education Finance
22  Program, and the Community College Program Fund, depending
23  upon the programs conducted by the center.
24         (c)(b)  A center may receive other state and federal
25  aid, grants, and revenue through the district school board or
26  community college board of trustees.
27         (d)(c)  A center may receive gifts and grants from
28  private sources.
29         (e)(d)  A center may not levy taxes or issue bonds, but
30  it may charge a student tuition fee consistent with authority
31  granted in its charter and permitted by law.
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 1         (f)(e)  A center shall provide for an annual financial
 2  audit in accordance with s. 218.39.
 3         (g)  A center must define in the charter agreement the
 4  delivery system in which the instructional offering of
 5  educational services will be placed. The rules governing this
 6  provider educational delivery system must be applied to all of
 7  the center's students and must authorize all other sponsoring
 8  educational systems to report required enrollment and student
 9  data as necessary, relying solely on the documentation
10  required of the instructional provider sponsor. The
11  educational system sponsors may submit their comparable data
12  based solely on the rules of the offering institution, and
13  each sponsor will earn full-time-equivalent membership for
14  each student for funding and reporting purposes.
15         (f)  A center must provide instruction for at least the
16  number of days required by law for other public schools or
17  community colleges, as appropriate, and may provide
18  instruction for additional days.
19         Section 10.  Except as otherwise provided in this act,
20  this act shall take effect July 1, 2003.
21  
22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 1914
24                                 
25  The Committee Substitute includes a provision relating to the
    calculation of student membership at Charter Technical Career
26  Centers.  The new language specifies that the Charter
    agreement will define which system (public school or community
27  college) will determine the method of calculating FTE at the
    center, and that the other system will accept and use that
28  calculation for reporting its student enrollment.
29  
30  
31  
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