HB 0769 2004
1	A bill to be entitled
2	An act relating to career and technical education;
3	providing legislative intent; requiring career and
4	technical education programs within a comprehensive high
5	school program of study to be industry certified;
6	requiring State Board of Education rules for the
7	certification process; providing full-time equivalent
8	student funding for student enrollment; requiring
9	articulation with postsecondary programs; providing
10	academic requirements for students enrolled in career and
11	technical education programs; providing for a career and
12	technical education endorsement on a high school diploma
13	and incentive funding to school districts for students
14	receiving the endorsement; providing professional
15	development programs for guidance counselors and career
16	specialists; amending s. 1002.34, F.S.; allowing charter
17	technical career center sponsors to submit full-time
18	enrollment membership data as defined in the charter
19	agreement; deleting requirements relating to number of
20	days of instruction; amending s. 1003.491, F.S.; providing
21	certain responsibilities for district school boards and
22	superintendents relating to career and technical
23	education; amending s. 1011.62, F.S., relating to the
24	Florida Education Finance Program; providing for funding
25	of career and technical education programs; revising a
26	program group; providing incentive funding for attainment
27	of high school career and technical education endorsements
28	as a categorical program; amending s. 1012.01, F.S.;
29	revising a personnel classification title; requiring a
30	study by the Office of Program Policy Analysis and
31	Government Accountability; providing effective dates.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1. (1) The Legislature intends to ensure that all
36	high schools provide supportive services to students and their
37	parents to determine the comprehensive program of study that
38	will best meet the needs and goals of each student. At a
39	minimum, these services must include access to a guidance
40	counselor and assistance in developing an educational and career
41	plan. Each high school shall provide a variety of comprehensive,
42	relevant programs of study that will meet the needs of all
43	students and enable each student to pursue his or her individual
44	educational and career goals.
45	(2) Key components of this process are:
46	(a) A variety of programs of study that are based on
47	individual educational and career goals.
48	(b) Parental involvement in the identification of the
49	appropriate program of study.
50	(c) Assurance that all programs of study are designed to
51	provide a seamless transition to appropriate postsecondary
52	education and employment.
53	Section 2. (1) A career and technical education program
54	within a comprehensive high school program of study must be
55	certified by the appropriate industry to ensure that all
56	components of the program are relevant and appropriate to
57	prepare the student for further education and employment in that
58	industry.
59	(2) Effective July 1, 2009, each career and technical
60	education program that prepares students for postsecondary
61	education and employment and is offered as part of a
62	comprehensive program of study in a high school must be industry
63	certified, except for courses classified as exploratory,
64	orientation, or practical arts. A student enrolled in a course
65	within a career and technical education program that is not
66	industry certified may not be reported for full-time equivalent
67	student funding through the Florida Education Finance Program
68	unless the course is classified as exploratory, orientation, or
69	practical arts. The Department of Education shall ensure that
70	each program is certified by July 1, 2009, and recertified at
71	least every 5 years thereafter. The State Board of Education
72	shall adopt rules pursuant to ss. 120.536(1) and 120.54, Florida
73	Statutes, for implementing the certification process, which
74	rules must establish any necessary procedures for obtaining
75	appropriate business partners and requirements for business and
76	industry involvement in curriculum oversight and equipment
77	procurement.
78	(3) Subject to appropriation, it shall be the objective of
79	this section to have each full-time equivalent student in an
80	industry-certified career and technical education program
81	generate a cost factor as a fraction or a multiple of that
82	provided students enrolled in the basic program for grades 9-12,
83	as determined by the study provided in section 9 of this act.
84	(4) Effective July 1, 2009, each career and technical
85	education program offered by a high school and able to be
86	articulated to a postsecondary level must have an articulation
87	agreement with one or more appropriate postsecondary educational
88	institutions to ensure a seamless transition to a related
89	postsecondary program without a loss of credit for the student.
90	Students enrolled in a program that is not articulated to a
91	postsecondary program may not be reported for full-time
92	equivalent student funding through the Florida Education Finance
93	Program unless the course is classified as exploratory,
94	orientation, or practical arts or terminates at the high school
95	level.
96	Section 3. (1) A comprehensive program of study in career
97	and technical education must be designed to ensure that upon
98	completion of the program of study and graduation from high
99	school, a student is prepared to continue his or her education
100	at a postsecondary educational institution and obtain
101	employment. Therefore, a comprehensive career and technical
102	education program of study must require of each student:
103	(a) Completion of academic courses with a designation from
104	the Department of Education of level two or above. All credits
105	earned to meet graduation requirements in mathematics, science,
106	and communication must have that designation.
107	(b) Attainment of at least one occupational completion
108	point in an industry-certified career and technical education
109	program or completion of at least two courses in a technology
110	education program.
111	(c) Completion of a one-credit core course addressing
112	workplace readiness skills. The State Board of Education shall
113	define by rule the content of the course and shall ensure that
114	the course meets graduation requirements for performing fine
115	arts or practical arts. The course requirement may be satisfied
116	by infusing course content into an existing select career and
117	technical education course.
118	(d) Participation in work-based learning experiences, as
119	defined by rule by the State Board of Education.
120	(e) Participation in a capstone activity that includes a
121	project related to a career. This activity is designed to apply
122	and demonstrate the competencies and concepts attained in the
123	student's program of study. The State Board of Education may
124	specify by rule characteristics of capstone activities that meet
125	the intent of this paragraph.
126	(2) A student who fulfills the following requirements may
127	be recognized with a career and technical education endorsement
128	on his or her high school diploma:
129	(a) Completion of the requirements for high school
130	graduation as provided in s. 1003.429 or s. 1003.43, Florida
131	Statutes, and the additional requirements for a comprehensive
132	career and technical education program of study provided in
133	subsection (1).
134	(b) Passing of the college entry-level placement test or
135	an equivalent test identified by the Department of Education
136	with a score adequate to enroll in a public postsecondary
137	educational program without the need for college preparatory or
138	vocational preparatory instruction.
139	(3) The career and technical education endorsement
140	indicates that the student is prepared to continue into
141	postsecondary education without the need for remediation and
142	that the student has marketable employment skills. The State
143	Board of Education may adopt by rule a standard format for the
144	endorsement.
145	(4) For each student who receives the career and technical
146	education endorsement on his or her high school diploma, the
147	school district may receive incentive funding as provided in s.
148	1011.62, Florida Statutes, and the annual General Appropriations
149	Act.
150	(5) A school district that generates funds as a result of
151	industry-certified programs or incentive funding for student
152	achievement of the career and technical education endorsement on
153	the high school diploma must expend the total amount on the
154	comprehensive career and technical education program of study.
155	The school district may not apply indirect charges to incentive
156	funds earned.
157	Section 4. The Legislature finds that to adequately assist
158	students in advanced technical and academic career planning,
159	high school guidance counselors and career specialists require
160	preservice and inservice professional development programs that
161	contain sufficient information on career education.
162	(1) Each guidance counselor and career specialist in a
163	school with an industry-certified career and technical education
164	program shall complete 12 hours of inservice training in career
165	and technical education for every 5-year period. The inservice
166	training shall include:
167	(a) An emphasis on labor market trends and projections.
168	(b) A practicum that focuses on development of a career
169	awareness program.
170	(c) Content related to a career or employment within a
171	guidance counselor's work experience.
172	(2) The Department of Education shall assist guidance
173	counselors and career specialists in attaining the additional
174	inservice training required. The State Board of Education shall
175	revise rules governing the certification and recertification of
176	guidance counselors to allow substitution of personal work-based
177	experiences and temporary employment opportunities in business
178	and industry for the required classroom instruction.
179	(3) The Legislature encourages colleges of education to
180	provide for additional coursework required pursuant to this
181	section without increasing the total number of credit hours
182	needed to complete a program. Instead, the colleges are
183	encouraged to infuse course content into courses required for
184	introduction, theory, and practicum.
185	Section 5. Subsection (11) of section 1002.34, Florida
186	Statutes, is amended to read:
187	1002.34 Charter technical career centers.--
188	(11) FUNDING.--
189	(a) Notwithstanding any other provision of law, a charter
190	technical career center's student membership enrollment must be
191	calculated pursuant to this section.
192	(b)(a)Each district school board and community college
193	that sponsors a charter technical career center shall pay
194	directly to the center an amount stated in the charter. State
195	funding shall be generated for the center for its student
196	enrollment and program outcomes as provided in law. A center is
197	eligible for funding from the Florida Workforce Development
198	Education Fund, the Florida Education Finance Program, and the
199	Community College Program Fund, depending upon the programs
200	conducted by the center.
201	(c)(b)A center may receive other state and federal aid,
202	grants, and revenue through the district school board or
203	community college board of trustees.
204	(d)(c)A center may receive gifts and grants from private
205	sources.
206	(e)(d)A center may not levy taxes or issue bonds, but it
207	may charge a student tuition fee consistent with authority
208	granted in its charter and permitted by law.
209	(f)(e)A center shall provide for an annual financial
210	audit in accordance with s. 218.39.
211	(g) A center must define in the charter agreement the
212	delivery system in which the instructional offering of
213	educational services will be placed. The rules governing this
214	provider educational delivery system must be applied to all of
215	the center's students and must authorize all other sponsoring
216	educational systems to report required enrollment and student
217	data as necessary, relying solely on the documentation required
218	of the instructional provider sponsor. The educational system
219	sponsors may submit their comparable data based solely on the
220	rules of the offering institution, and each sponsor shall earn
221	full-time equivalent membership for each student for funding and
222	reporting purposes.
223	(f) A center must provide instruction for at least the
224	number of days required by law for other public schools or
225	community colleges, as appropriate, and may provide instruction
226	for additional days.
227	Section 6. Subsection (1) of section 1003.491, Florida
228	Statutes, is amended to read:
229	1003.491 Career and technical education.--
230	(1) Each district school board and superintendent shall
231	direct the smooth transition of high school career and technical
232	education programs to industry-certified programs of study
233	included in a comprehensive course of study. Each district
234	school board and superintendent shall also direct the
235	implementation of all components required to obtain the career
236	and technical education endorsement on the high school diploma
237	if the school district chooses to offer the endorsement.School
238	board, superintendent, and school accountability for career and
239	technical education within elementary and secondary schools
240	includes, but is not limited to:
241	(a) Student exposure to a variety of careers and provision
242	of instruction to explore specific careers in greater depth.
243	(b) Student awareness of available career and technical
244	programs and the corresponding occupations into which such
245	programs lead.
246	(c) Student development of individual career plans.
247	(d) Integration of academic and career and technical
248	skills in the secondary curriculum.
249	(e) Student preparation to enter the workforce and enroll
250	in postsecondary education without being required to complete
251	college preparatory or vocational preparatory instruction.
252	(f) Student retention in school through high school
253	graduation.
254	(g) Career and technical educationcurriculum articulation
255	with corresponding postsecondary programs in the local area
256	technical center or community college, or both.
257	Section 7. Paragraphs (c) and (d) of subsection (1) of
258	section 1011.62, Florida Statutes, are amended, paragraphs (k)
259	through (r) of said subsection are redesignated as paragraphs
260	(l) through (s), respectively, a new paragraph (k) is added to
261	said subsection, and paragraph (a) of subsection (5) of said
262	section is amended, to read:
263	1011.62 Funds for operation of schools.--If the annual
264	allocation from the Florida Education Finance Program to each
265	district for operation of schools is not determined in the
266	annual appropriations act or the substantive bill implementing
267	the annual appropriations act, it shall be determined as
268	follows:
269	(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
270	OPERATION.--The following procedure shall be followed in
271	determining the annual allocation to each district for
272	operation:
273	(c) Determination of programs.--Cost factors based on
274	desired relative cost differences between the following programs
275	shall be established in the annual General Appropriations Act.
276	An industry-certified secondary career and technical education
277	program shall generate funding as provided in paragraph (k).
278	Effective July 1, 2009, a full-time equivalent student in a
279	career and technical education program that is not industry
280	certified shall not generate any state funding unless the
281	student is in a course classified as exploratory, orientation,
282	or practical arts and the General Appropriations Act contains a
283	cost factor for such course.The Commissioner of Education shall
284	specify a matrix of services and intensity levels to be used by
285	districts in the determination of the two weighted cost factors
286	for exceptional students with the highest levels of need. For
287	these students, the funding support level shall fund the
288	exceptional students' education program, with the exception of
289	extended school year services for students with disabilities.
290	1. Basic programs.--
291	a. Kindergarten and grades 1, 2, and 3.
292	b. Grades 4, 5, 6, 7, and 8.
293	c. Grades 9, 10, 11, and 12.
294	2. Programs for exceptional students.--
295	a. Support Level IV.
296	b. Support Level V.
297	3. Secondary career and technical education programs that
298	are industry certified.--
299	4. Secondary career and technical education programs that
300	are not industry certified.--
301	5.4.English for Speakers of Other Languages.--
302	(d) Annual allocation calculation.--
303	1. The Department of Education shall is authorized and
304	directed toreview all district programs and enrollment
305	projections and calculate a maximum total weighted full-time
306	equivalent student enrollment for each district for the K-12
307	FEFP.
308	2. Maximum enrollments calculated by the department shall
309	be derived from enrollment estimates used by the Legislature to
310	calculate the FEFP. If two or more districts enter into an
311	agreement under the provisions of s. 1001.42(4)(d), after the
312	final enrollment estimate is agreed upon, the amount of FTE
313	specified in the agreement, not to exceed the estimate for the
314	specific program as identified in paragraph (c), may be
315	transferred from the participating districts to the district
316	providing the program.
317	3. As part of its calculation of each district's maximum
318	total weighted full-time equivalent student enrollment, the
319	department shall establish separate enrollment ceilings for each
320	of two program groups. Group 1 shall be composed of basic
321	programs for grades K-3, grades 4-8, and grades 9-12. Group 2
322	shall be composed of students in exceptional student education
323	programs, English for Speakers of Other Languages programs, and
324	all career and technical programs in grades 6-12 7-12.
325	a. The weighted enrollment ceiling for group 2 programs
326	shall be calculated by multiplying the final enrollment
327	conference estimate for each program by the appropriate program
328	weight. The weighted enrollment ceiling for program group 2
329	shall be the sum of the weighted enrollment ceilings for each
330	program in the program group, plus the increase in weighted
331	full-time equivalent student membership from the prior year for
332	clients of the Department of Children and Family Services and
333	the Department of Juvenile Justice.
334	b. If, for any calculation of the FEFP, the weighted
335	enrollment for program group 2, derived by multiplying actual
336	enrollments by appropriate program weights, exceeds the
337	enrollment ceiling for that group, the following procedure shall
338	be followed to reduce the weighted enrollment for that group to
339	equal the enrollment ceiling:
340	(I) The weighted enrollment ceiling for each program in
341	the program group shall be subtracted from the weighted
342	enrollment for that program derived from actual enrollments.
343	(II) If the difference calculated under sub-sub-
344	subparagraph (I) is greater than zero for any program, a
345	reduction proportion shall be computed for the program by
346	dividing the absolute value of the difference by the total
347	amount by which the weighted enrollment for the program group
348	exceeds the weighted enrollment ceiling for the program group.
349	(III) The reduction proportion calculated under sub-sub-
350	subparagraph (II) shall be multiplied by the total amount of the
351	program group's enrollment over the ceiling as calculated under
352	sub-sub-subparagraph (I).
353	(IV) The prorated reduction amount calculated under sub-
354	sub-subparagraph(III) shall be subtracted from the program's
355	weighted enrollment. For any calculation of the FEFP, the
356	enrollment ceiling for group 1 shall be calculated by
357	multiplying the actual enrollment for each program in the
358	program group by its appropriate program weight.
359	c. For program group 2, the weighted enrollment ceiling
360	shall be a number not less than the sum obtained by:
361	(I) Multiplying the sum of reported FTE for all programs
362	in the program group that have a cost factor of 1.0 or more by
363	1.0, and
364	(II) By adding this number to the sum obtained by
365	multiplying the projected FTE for all programs with a cost
366	factor less than 1.0 by the actual cost factor.
367	4. Following completion of the weighted enrollment ceiling
368	calculation as provided in subparagraph 3., a supplemental
369	capping calculation shall be employed for those districts that
370	are over their weighted enrollment ceiling. For each such
371	district, the total reported unweighted FTE enrollment for group
372	2 programs shall be compared with the total appropriated
373	unweighted FTE enrollment for group 2 programs. If the total
374	reported unweighted FTE for group 2 is greater than the
375	appropriated unweighted FTE, then the excess unweighted FTE up
376	to the unweighted FTE transferred from group 2 to group 1 for
377	each district by the Public School FTE Estimating Conference
378	shall be funded at a weight of 1.0 and added to the funded
379	weighted FTE computed in subparagraph 3.
380	(k) Calculation of full-time equivalent membership for an
381	industry-certified career and technical education
382	program.--Subject to appropriation, it shall be the objective of
383	this paragraph to have each full-time equivalent student in an
384	industry-certified career and technical education program
385	generate a cost factor as a fraction or a multiple of that
386	provided students enrolled in the basic program for grades 9-12,
387	as determined by the study provided in section 9 of this act. A
388	student who earns the career and technical education endorsement
389	on the high school diploma indicating that he or she has
390	completed the additional requirements for a comprehensive career
391	and technical education program of study may generate additional
392	incentive funding for the program, as provided in subsection
393	(5). During the transition from the 2004-2005 school year until
394	July 1, 2009, all career and technical education programs not
395	industry certified or articulated to postsecondary educational
396	institutions shall continue to earn weighted funding as
397	determined in the General Appropriations Act.
398	(5) CATEGORICAL FUNDS.--
399	(a) In addition to the basic amount for current operations
400	for the FEFP as determined in subsection (1), the Legislature
401	may appropriate categorical funding for specified programs,
402	activities, or purposes. Categorical funding may include
403	incentive funding for attainment of the career and technical
404	education endorsement on the high school diploma.
405	Section 8. Paragraph (b) of subsection (2) of section
406	1012.01, Florida Statutes, is amended to read:
407	1012.01 Definitions.--Specific definitions shall be as
408	follows, and wherever such defined words or terms are used in
409	the Florida K-20 Education Code, they shall be used as follows:
410	(2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
411	means any staff member whose function includes the provision of
412	direct instructional services to students. Instructional
413	personnel also includes personnel whose functions provide direct
414	support in the learning process of students. Included in the
415	classification of instructional personnel are:
416	(b) Student personnel services.--Student personnel
417	services include staff members responsible for: advising
418	students with regard to their abilities and aptitudes,
419	educational and occupational opportunities, and personal and
420	social adjustments; providing placement services; performing
421	educational evaluations; and similar functions. Included in this
422	classification are guidance counselors, social workers, career
423	occupational/placementspecialists, and school psychologists.
424	Section 9. The Office of Program Policy Analysis and
425	Government Accountability shall conduct a study to determine if
426	career and technical education programs should have
427	differentiated funding weights, which study shall be completed
428	by January 1, 2005.
429	Section 10. Except as otherwise provided in this act, this
430	act shall take effect July 1, 2004.