HB 0769CS

CHAMBER ACTION



1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to career and technical education;
7providing legislative intent; requiring career and
8technical education programs within a comprehensive high
9school program of study to be industry certified;
10requiring State Board of Education rules for the
11certification process; providing full-time equivalent
12student funding for student enrollment; requiring
13articulation with postsecondary programs; providing
14academic requirements for students enrolled in career and
15technical education programs; providing for a career and
16technical education certification on a high school diploma
17and incentive funding to school districts for students
18receiving the certification; providing professional
19development programs for guidance counselors and career
20specialists; amending s. 1002.34, F.S.; allowing charter
21technical career center sponsors to submit full-time
22enrollment membership data as defined in the charter
23agreement; deleting requirements relating to number of
24days of instruction; amending s. 1003.491, F.S.; providing
25certain responsibilities for district school boards and
26superintendents relating to career and technical
27education; amending s. 1011.62, F.S., relating to the
28Florida Education Finance Program; providing for funding
29of career and technical education programs; revising a
30program group; providing incentive funding for attainment
31of high school career and technical education
32certifications as a categorical program; amending s.
331012.01, F.S.; revising a personnel classification title;
34requiring a study by the Office of Program Policy Analysis
35and Government Accountability; providing effective dates.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  (1)  The Legislature intends to ensure that all
40high schools provide supportive services to students and their
41parents to determine the comprehensive program of study that
42will best meet the needs and goals of each student. At a
43minimum, these services must include access to a guidance
44counselor and assistance in developing an educational and career
45plan. Each high school shall provide a variety of comprehensive,
46relevant programs of study that will meet the needs of all
47students and enable each student to pursue his or her individual
48educational and career goals.
49     (2)  Key components of this process are:
50     (a)  A variety of programs of study that are based on
51individual educational and career goals.
52     (b)  Parental involvement in the identification of the
53appropriate program of study.
54     (c)  Assurance that all programs of study are designed to
55provide a seamless transition to appropriate postsecondary
56education and employment.
57     Section 2.  (1)  A career and technical education program
58within a comprehensive high school program of study must be
59certified by the appropriate industry to ensure that all
60components of the program are relevant and appropriate to
61prepare the student for further education and employment in that
62industry.
63     (2)  Effective July 1, 2009, each career and technical
64education program that prepares students for postsecondary
65education and employment and is offered as part of a
66comprehensive program of study in a high school must be industry
67certified, except for courses classified as exploratory,
68orientation, or practical arts. A student enrolled in a course
69within a career and technical education program that is not
70industry certified may not be reported for full-time equivalent
71student funding through the Florida Education Finance Program
72unless the course is classified as exploratory, orientation, or
73practical arts. The Department of Education shall ensure that
74each program is certified by July 1, 2009, and recertified at
75least every 5 years thereafter. The State Board of Education
76shall adopt rules pursuant to ss. 120.536(1) and 120.54, Florida
77Statutes, for implementing the certification process, which
78rules must establish any necessary procedures for obtaining
79appropriate business partners and requirements for business and
80industry involvement in curriculum oversight and equipment
81procurement.
82     (3)  Subject to appropriation, it shall be the objective of
83this section to have each full-time equivalent student in an
84industry-certified career and technical education program
85generate a cost factor as a fraction or a multiple of that
86provided students enrolled in the basic program for grades 9-12,
87as determined by the study provided in section 9 of this act.
88     (4)  Effective July 1, 2009, each career and technical
89education program offered by a high school and able to be
90articulated to a postsecondary level must have an articulation
91agreement with one or more appropriate postsecondary educational
92institutions to ensure a seamless transition to a related
93postsecondary program without a loss of credit for the student.
94Students enrolled in a program that is not articulated to a
95postsecondary program may not be reported for full-time
96equivalent student funding through the Florida Education Finance
97Program unless the course is classified as exploratory,
98orientation, or practical arts or terminates at the high school
99level.
100     Section 3.  (1)  A comprehensive program of study in career
101and technical education must be designed to ensure that upon
102completion of the program of study and graduation from high
103school, a student is prepared to continue his or her education
104at a postsecondary educational institution and obtain
105employment. Therefore, a comprehensive career and technical
106education program of study must require of each student:
107     (a)  Completion of academic courses with a designation from
108the Department of Education of level two or above. All credits
109earned to meet graduation requirements in mathematics, science,
110and communication must have that designation.
111     (b)  Attainment of at least one occupational completion
112point in an industry-certified career and technical education
113program or completion of at least two courses in a technology
114education program.
115     (c)  Completion of a one-credit core course addressing
116workplace readiness skills. The State Board of Education shall
117define by rule the content of the course and shall ensure that
118the course meets graduation requirements for performing fine
119arts or practical arts. The course requirement may be satisfied
120by infusing course content into an existing select career and
121technical education course.
122     (d)  Participation in work-based learning experiences, as
123defined by rule by the State Board of Education.
124     (e)  Participation in a capstone activity that includes a
125project related to a career. This activity is designed to apply
126and demonstrate the competencies and concepts attained in the
127student's program of study. The State Board of Education may
128specify by rule characteristics of capstone activities that meet
129the intent of this paragraph.
130     (2)  A student who fulfills the following requirements may
131be recognized with a career and technical education
132certification on his or her high school diploma:
133     (a)  Completion of the requirements for high school
134graduation as provided in s. 1003.429 or s. 1003.43, Florida
135Statutes, and the additional requirements for a comprehensive
136career and technical education program of study provided in
137subsection (1).
138     (b)  Passing of the college entry-level placement test or
139an equivalent test identified by the Department of Education
140with a score adequate to enroll in a public postsecondary
141educational program without the need for college preparatory or
142vocational preparatory instruction.
143     (3)  The career and technical education certification
144indicates that the student is prepared to continue into
145postsecondary education without the need for remediation and
146that the student has marketable employment skills. The State
147Board of Education may adopt by rule a standard format for the
148certification.
149     (4)  For each student who receives the career and technical
150education certification on his or her high school diploma, the
151school district may receive incentive funding as provided in s.
1521011.62, Florida Statutes, and the annual General Appropriations
153Act.
154     (5)  A school district that generates funds as a result of
155industry-certified programs or incentive funding for student
156achievement of the career and technical education certification
157on the high school diploma must expend the total amount on the
158comprehensive career and technical education program of study.
159The school district may not apply indirect charges to incentive
160funds earned.
161     Section 4.  The Legislature finds that to adequately assist
162students in advanced technical and academic career planning,
163high school guidance counselors and career specialists require
164preservice and inservice professional development programs that
165contain sufficient information on career education.
166     (1)  Each guidance counselor and career specialist in a
167school with an industry-certified career and technical education
168program shall complete 12 hours of inservice training in career
169and technical education for every 5-year period. The inservice
170training shall include:
171     (a)  An emphasis on labor market trends and projections.
172     (b)  A practicum that focuses on development of a career
173awareness program.
174     (c)  Content related to a career or employment within a
175guidance counselor's work experience.
176     (2)  The Department of Education shall assist guidance
177counselors and career specialists in attaining the additional
178inservice training required.
179     (3)  The Legislature encourages colleges of education to
180provide for additional coursework required pursuant to this
181section without increasing the total number of credit hours
182needed to complete a program. Instead, the colleges are
183encouraged to infuse course content into courses required for
184introduction, theory, and practicum.
185     Section 5.  Subsection (11) of section 1002.34, Florida
186Statutes, is amended to read:
187     1002.34  Charter technical career centers.--
188     (11)  FUNDING.--
189     (a)  Notwithstanding any other provision of law, a charter
190technical career center's student membership enrollment must be
191calculated pursuant to this section.
192     (b)(a)  Each district school board and community college
193that sponsors a charter technical career center shall pay
194directly to the center an amount stated in the charter.  State
195funding shall be generated for the center for its student
196enrollment and program outcomes as provided in law.  A center is
197eligible for funding from the Florida Workforce Development
198Education Fund, the Florida Education Finance Program, and the
199Community College Program Fund, depending upon the programs
200conducted by the center.
201     (c)(b)  A center may receive other state and federal aid,
202grants, and revenue through the district school board or
203community college board of trustees.
204     (d)(c)  A center may receive gifts and grants from private
205sources.
206     (e)(d)  A center may not levy taxes or issue bonds, but it
207may charge a student tuition fee consistent with authority
208granted in its charter and permitted by law.
209     (f)(e)  A center shall provide for an annual financial
210audit in accordance with s. 218.39.
211     (g)  A center must define in the charter agreement the
212delivery system in which the instructional offering of
213educational services will be placed. The rules governing this
214provider educational delivery system must be applied to all of
215the center's students and must authorize all other sponsoring
216educational systems to report required enrollment and student
217data as necessary, relying solely on the documentation required
218of the instructional provider sponsor. The educational system
219sponsors may submit their comparable data based solely on the
220rules of the offering institution, and each sponsor shall earn
221full-time equivalent membership for each student for funding and
222reporting purposes.
223     (f)  A center must provide instruction for at least the
224number of days required by law for other public schools or
225community colleges, as appropriate, and may provide instruction
226for additional days.
227     Section 6.  Subsection (1) of section 1003.491, Florida
228Statutes, is amended to read:
229     1003.491  Career and technical education.--
230     (1)  Each district school board and superintendent shall
231direct the smooth transition of high school career and technical
232education programs to industry-certified programs of study
233included in a comprehensive course of study. Each district
234school board and superintendent shall also direct the
235implementation of all components required to obtain the career
236and technical education certification on the high school diploma
237if the school district chooses to offer the certification.
238School board, superintendent, and school accountability for
239career and technical education within elementary and secondary
240schools includes, but is not limited to:
241     (a)  Student exposure to a variety of careers and provision
242of instruction to explore specific careers in greater depth.
243     (b)  Student awareness of available career and technical
244programs and the corresponding occupations into which such
245programs lead.
246     (c)  Student development of individual career plans.
247     (d)  Integration of academic and career and technical
248skills in the secondary curriculum.
249     (e)  Student preparation to enter the workforce and enroll
250in postsecondary education without being required to complete
251college preparatory or vocational preparatory instruction.
252     (f)  Student retention in school through high school
253graduation.
254     (g)  Career and technical education curriculum articulation
255with corresponding postsecondary programs in the local area
256technical center or community college, or both.
257     Section 7.  Paragraphs (c) and (d) of subsection (1) of
258section 1011.62, Florida Statutes, are amended, paragraphs (k)
259through (r) of said subsection are redesignated as paragraphs
260(l) through (s), respectively, a new paragraph (k) is added to
261said subsection, and paragraph (a) of subsection (5) of said
262section is amended, to read:
263     1011.62  Funds for operation of schools.--If the annual
264allocation from the Florida Education Finance Program to each
265district for operation of schools is not determined in the
266annual appropriations act or the substantive bill implementing
267the annual appropriations act, it shall be determined as
268follows:
269     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
270OPERATION.--The following procedure shall be followed in
271determining the annual allocation to each district for
272operation:
273     (c)  Determination of programs.--Cost factors based on
274desired relative cost differences between the following programs
275shall be established in the annual General Appropriations Act.
276An industry-certified secondary career and technical education
277program shall generate funding as provided in paragraph (k).
278Effective July 1, 2009, a full-time equivalent student in a
279career and technical education program that is not industry
280certified shall not generate any state funding unless the
281student is in a course classified as exploratory, orientation,
282or practical arts and the General Appropriations Act contains a
283cost factor for such course. The Commissioner of Education shall
284specify a matrix of services and intensity levels to be used by
285districts in the determination of the two weighted cost factors
286for exceptional students with the highest levels of need. For
287these students, the funding support level shall fund the
288exceptional students' education program, with the exception of
289extended 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
298are industry certified.--
299     4.  Secondary career and technical education programs that
300are 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
304directed to review all district programs and enrollment
305projections and calculate a maximum total weighted full-time
306equivalent student enrollment for each district for the K-12
307FEFP.
308     2.  Maximum enrollments calculated by the department shall
309be derived from enrollment estimates used by the Legislature to
310calculate the FEFP. If two or more districts enter into an
311agreement under the provisions of s. 1001.42(4)(d), after the
312final enrollment estimate is agreed upon, the amount of FTE
313specified in the agreement, not to exceed the estimate for the
314specific program as identified in paragraph (c), may be
315transferred from the participating districts to the district
316providing the program.
317     3.  As part of its calculation of each district's maximum
318total weighted full-time equivalent student enrollment, the
319department shall establish separate enrollment ceilings for each
320of two program groups. Group 1 shall be composed of basic
321programs for grades K-3, grades 4-8, and grades 9-12. Group 2
322shall be composed of students in exceptional student education
323programs, English for Speakers of Other Languages programs, and
324all career and technical programs in grades 6-12 7-12.
325     a.  The weighted enrollment ceiling for group 2 programs
326shall be calculated by multiplying the final enrollment
327conference estimate for each program by the appropriate program
328weight. The weighted enrollment ceiling for program group 2
329shall be the sum of the weighted enrollment ceilings for each
330program in the program group, plus the increase in weighted
331full-time equivalent student membership from the prior year for
332clients of the Department of Children and Family Services and
333the Department of Juvenile Justice.
334     b.  If, for any calculation of the FEFP, the weighted
335enrollment for program group 2, derived by multiplying actual
336enrollments by appropriate program weights, exceeds the
337enrollment ceiling for that group, the following procedure shall
338be followed to reduce the weighted enrollment for that group to
339equal the enrollment ceiling:
340     (I)  The weighted enrollment ceiling for each program in
341the program group shall be subtracted from the weighted
342enrollment for that program derived from actual enrollments.
343     (II)  If the difference calculated under sub-sub-
344subparagraph (I) is greater than zero for any program, a
345reduction proportion shall be computed for the program by
346dividing the absolute value of the difference by the total
347amount by which the weighted enrollment for the program group
348exceeds the weighted enrollment ceiling for the program group.
349     (III)  The reduction proportion calculated under sub-sub-
350subparagraph (II) shall be multiplied by the total amount of the
351program group's enrollment over the ceiling as calculated under
352sub-sub-subparagraph (I).
353     (IV)  The prorated reduction amount calculated under sub-
354sub-subparagraph(III) shall be subtracted from the program's
355weighted enrollment. For any calculation of the FEFP, the
356enrollment ceiling for group 1 shall be calculated by
357multiplying the actual enrollment for each program in the
358program group by its appropriate program weight.
359     c.  For program group 2, the weighted enrollment ceiling
360shall be a number not less than the sum obtained by:
361     (I)  Multiplying the sum of reported FTE for all programs
362in the program group that have a cost factor of 1.0 or more by
3631.0, and
364     (II)  By adding this number to the sum obtained by
365multiplying the projected FTE for all programs with a cost
366factor less than 1.0 by the actual cost factor.
367     4.  Following completion of the weighted enrollment ceiling
368calculation as provided in subparagraph 3., a supplemental
369capping calculation shall be employed for those districts that
370are over their weighted enrollment ceiling. For each such
371district, the total reported unweighted FTE enrollment for group
3722 programs shall be compared with the total appropriated
373unweighted FTE enrollment for group 2 programs. If the total
374reported unweighted FTE for group 2 is greater than the
375appropriated unweighted FTE, then the excess unweighted FTE up
376to the unweighted FTE transferred from group 2 to group 1 for
377each district by the Public School FTE Estimating Conference
378shall be funded at a weight of 1.0 and added to the funded
379weighted FTE computed in subparagraph 3.
380     (k)  Calculation of full-time equivalent membership for an
381industry-certified career and technical education
382program.--Subject to appropriation, it shall be the objective of
383Subject to appropriation, it shall be the objective of this
384paragraph to have each full-time equivalent student in an
385industry-certified career and technical education program
386generate a cost factor as a fraction or a multiple of that
387provided students enrolled in the basic program for grades 9-12,
388as determined by the study provided in section 9 of this act. A
389student who earns the career and technical education
390certification on the high school diploma indicating that he or
391she has completed the additional requirements for a
392comprehensive career and technical education program of study
393may generate additional incentive funding for the program, as
394provided in subsection (5). During the transition from the 2004-
3952005 school year until July 1, 2009, all career and technical
396education programs not industry certified or articulated to
397postsecondary educational institutions shall continue to earn
398weighted funding as determined in the General Appropriations
399Act.
400     (5)  CATEGORICAL FUNDS.--
401     (a)  In addition to the basic amount for current operations
402for the FEFP as determined in subsection (1), the Legislature
403may appropriate categorical funding for specified programs,
404activities, or purposes. Categorical funding may include
405incentive funding for attainment of the career and technical
406education certification on the high school diploma.
407     Section 8.  Paragraph (b) of subsection (2) of section
4081012.01, Florida Statutes, is amended to read:
409     1012.01  Definitions.--Specific definitions shall be as
410follows, and wherever such defined words or terms are used in
411the Florida K-20 Education Code, they shall be used as follows:
412     (2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
413means any staff member whose function includes the provision of
414direct instructional services to students. Instructional
415personnel also includes personnel whose functions provide direct
416support in the learning process of students. Included in the
417classification of instructional personnel are:
418     (b)  Student personnel services.--Student personnel
419services include staff members responsible for: advising
420students with regard to their abilities and aptitudes,
421educational and occupational opportunities, and personal and
422social adjustments; providing placement services; performing
423educational evaluations; and similar functions. Included in this
424classification are guidance counselors, social workers, career
425occupational/placement specialists, and school psychologists.
426     Section 9.  The Office of Program Policy Analysis and
427Government Accountability shall conduct a study to determine if
428career and technical education programs should have
429differentiated funding weights, which study shall be completed
430by January 1, 2005.
431     Section 10.  Except as otherwise provided in this act, this
432act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.