HB 1837CS

CHAMBER ACTION



1The Education Appropriations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to career education; providing a popular
7name; creating ch. 1014, F.S., relating to career
8education; defining the term "career education"; providing
9elements of the rigorous career education system;
10providing guiding principles for career education;
11establishing the position of Deputy Commissioner of Career
12Education to direct the Office of Career Education in the
13Department of Education and specifying qualifications for
14the deputy commissioner; specifying responsibilities and
15duties; providing legislative expectations and funding
16criteria for the career education system; defining the
17term "career and professional academy"; providing elements
18and duties of a career and professional academy and for
19certification thereof; authorizing career and professional
20academy startup grants and providing qualification
21criteria; creating s. 1006.01, F.S.; requiring the
22department to provide a secondary and postsecondary
23academic and career education online student advising and
24guidance system; providing requirements for such system;
25amending s. 20.15, F.S.; providing for appointment of a
26Deputy Commissioner of Career Education; amending s.
271001.20, F.S.; creating the Office of Career Education and
28providing responsibilities of the office; amending s.
291002.23, F.S.; requiring guidelines for parents relating
30to the availability of the online student advising and
31guidance system; creating s. 1003.4157, F.S.; requiring
32credit in secondary and postsecondary career education
33opportunities for middle school promotion; requiring the
34adoption of rules; amending s. 1003.43, F.S., relating to
35general requirements for high school graduation; requiring
36use of the online student advising and guidance system and
37providing coursework for earning life management skills
38credit; amending s. 1003.492, F.S., relating to industry-
39certified career education programs; deleting obsolete
40provisions relating to studies; amending and renumbering
41s. 1004.85, F.S.; providing additional purposes for
42creation of educator preparation institutes; amending s.
431006.02, F.S.; requiring documentation that students have
44utilized the online student advising and guidance system;
45amending s. 1006.025, F.S.; requiring such documentation
46in guidance reports; amending s. 1009.21, F.S.; providing
47for determination of resident status for the purpose of
48assessing tuition for instruction in workforce education
49programs offered by school districts; authorizing a
50position and providing an appropriation; requiring the
51transfer of positions and funds for the creation of the
52Office of Career Education; providing an effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  This act may be cited as the "SUCCEED, FLORIDA!
57Initiative."
58     Section 2.  Chapter 1014, Florida Statutes, consisting of
59sections 1014.01, 1014.05, 1014.15, 1014.18, 1014.21, and
601014.25, is created to read:
611014.01  Career education.--
62     (1)  As used in this chapter, the term "career education"
63includes career certificate programs, applied technology diploma
64programs, degree career education programs, apprenticeship and
65preapprenticeship programs, career academy programs, and other
66rigorous career education programs offered by school districts,
67the Florida Virtual School, and postsecondary educational
68institutions to prepare students for rewarding careers.
69     (2)  The rigorous career education system shall:
70     (a)  Prepare students in career education programs,
71including career and professional academies, to:
72     1.  Succeed in postsecondary education.
73     2.  Attain and sustain employment and have the opportunity
74to realize economic self-sufficiency.
75     (b)  Prepare students to enter rewarding careers identified
76by the Workforce Estimating Conference, pursuant to s. 216.136,
77and other programs of critical state need as approved by
78Workforce Florida, Inc.
79     (c)  Produce skilled employees for employers in the state
80pursuant to s. 445.006(1).
81     (3)  A career education program that meets the requirements
82of s. 1014.21 and is offered in a career center established
83pursuant to s. 1001.44 may use the term "career college" in the
84name of the career center that offers the program.
85     1014.05  Guiding principles for career education.--
86     (1)  All students should have the opportunity to graduate
87from high school ready to embark on rewarding careers and
88prepared for postsecondary education.
89     (2)  Both secondary and postsecondary career education
90programs must include a rigorous and relevant academic program.
91     (3)  Instructional delivery systems for both secondary and
92postsecondary career education programs should include qualified
93teachers delivering a career education curriculum in a relevant
94context with student-centered, research-based instructional
95strategies and a rigorous standards-based academic curriculum.
96     1014.15  Deputy Commissioner of Career Education; Office of
97Career Education.--
98     (1)  The position of Deputy Commissioner of Career
99Education is established in the Department of Education to
100direct the department's Office of Career Education, pursuant to
101s. 1001.20(4)(f). The deputy commissioner shall be responsible
102for evaluating the role of public and private secondary and
103postsecondary educational programs in providing rigorous career
104education and reporting to the Commissioner of Education the
105effectiveness of such programs; developing in partnership with
106the business community and Workforce Florida, Inc., a statewide
107marketing plan for secondary career education to attract high
108school students into careers of critical state need; and
109promoting seamless articulation throughout the career education
110system. The deputy commissioner shall be a person with
111established business credentials or proven success in
112collaborating with the private sector in designing and
113implementing successful career education programs as described
114in s. 1014.21. The deputy commissioner shall be appointed by the
115Commissioner of Education and shall report to the commissioner.
116     (2)  The Office of Career Education shall promote a
117seamless secondary through postsecondary career education system
118that is flexible, able to respond in a timely manner to student
119and workforce needs, and not controlled by any one education
120sector.
121     1014.18  Legislative expectations and funding criteria for
122the career education system.--Legislative expectations and
123funding criteria for the rigorous career education system are as
124follows:
125     (1)  Seamless career education articulation both vertically
126and horizontally.
127     (2)  Creative career counseling strategies and enhanced
128guidance structures, including:
129     (a)  A secondary and postsecondary academic and career
130education online student advising and guidance system that is
131student and parent friendly, partners with the business and
132industry community as well as postsecondary educational
133institutions in this state and other states, and made part of
134the instruction in grades 8 through 12.
135     (b)  Promotion in middle school of secondary and
136postsecondary career education programs, including opportunities
137to participate in a career and professional academy. Such
138promotion shall take place through middle school exploratory
139courses and use of the secondary and postsecondary academic and
140career education online student advising and guidance system
141described in s. 1006.01.
142     (c)  Involvement of Workforce Florida, Inc., and regional
143workforce boards.
144     (d)  Partnerships with business and industry using tools,
145equipment, and systems used in the business setting, including
146internships, externships, and on-the-job training.
147     (e)  Opportunities and encouragement for parent
148participation in secondary and postsecondary career education
149planning.
150     (f)  Professional development programs to assist guidance
151counselors in using a mentor-teacher guidance model.
152     (3)  Development of career and professional academies,
153including:
154     (a)  Rigorous and relevant academic standards and curricula
155and increased academic performance of students and schools using
156school-level accountability data.
157     (b)  Best practices that include rigorous and relevant
158academic standards and curricula, are based on research and
159proven effective programs, and include preparation of high
160school graduates for rewarding careers and postsecondary
161education.
162     (c)  A plan for replicating successful academies that
163demonstrate high performance in preparing students for both
164rewarding careers and postsecondary education and that respond
165to workforce needs.
166     (4)  Significant improvements in coordination and quality
167of career education data collection, including comparison of
168diploma, certificate, and degree production to workforce needs;
169secondary and postsecondary career education program followup
170surveys to determine student outcomes; second-year postsecondary
171student resume postings on the Workforce Florida, Inc.,
172employment website; and submission of student enrollment and
173graduation information to the Florida Education and Training
174Placement Information Program.
175     (5)  Elimination of waiting lists for rigorous secondary
176and postsecondary career education programs.
177     (6)  Aggressive promotion of the Bright Futures Florida
178Gold Seal Vocational Scholarship as a career-enhancing
179scholarship applicable to all postsecondary career education
180programs.
181     (7)  Establishment of secondary and postsecondary career
182education best practices for relevant student-centered,
183research-based instructional strategies.
184     (8)  Regular review of all secondary career education
185courses to identify those courses equivalent to postsecondary
186career education courses based on course content for inclusion
187in dual enrollment programs.
188     (9)  A marketing plan for secondary career education to
189attract high school students into careers of critical state
190need, developed in partnership with the business community and
191Workforce Florida, Inc., that includes:
192     (a)  Direct statewide marketing to students and families in
193cooperation with Workforce Florida, Inc., and the Agency for
194Workforce Innovation.
195     (b)  Business participation in all career education
196programs through the use of incentives.
197     (c)  Professional recruiters to provide information and
198career opportunities.
199     (d)  Advertisements and public service announcement
200campaigns designed by business representatives to inform
201students and their parents about career education programs and
202career and employment opportunities.
203     (10)  Strong coordination with Workforce Florida, Inc., and
204the Agency for Workforce Innovation.
205     (11)  Workforce skills-based training that assesses
206workforce skills and matches these skills with specific careers.
207     (12)  Strong criteria and accountability measures for
208postsecondary career education programs, including increased
209participant completion rates, program accountability, and
210longitudinal program evaluation.
211     (13)  Identification and elimination of low-performing and
212geographically duplicative career education programs.
213     (14)  Incentives to encourage successful participant
214completion of postsecondary career education programs.
215     (15)  A methodology for business experts to be able to
216teach career education subjects within their areas of expertise
217in postsecondary career education programs.
218     (16)  Provision of postsecondary career education programs
219in time segments needed by business.
220     (17)  Career education regional strategic plans coordinated
221with regional workforce boards, area chambers of commerce, local
222employers, school districts, career centers, and community
223colleges that address:
224     (a)  Articulation agreements between secondary and
225postsecondary career education and college programs for a
226seamless transition of students and maximum transferability of
227coursework through the career education system.
228     (b)  Career ladders for students from high school through
229higher levels of postsecondary training.
230     (c)  Access to career education programs through multiple
231site offerings, short-term accelerated training options, and
232distance learning.
233     (18)  A periodic articulation audit for secondary and
234postsecondary career education that:
235     (a)  Focuses on courses and programs designed to produce
236skilled employees for the current and emerging workforce.
237     (b)  Identifies specific improvements needed to maximize
238credit given to public and private secondary and postsecondary
239students.
240     (c)  Identifies successful local articulation agreements
241that could be replicated statewide.
242     (d)  Identifies courses in career centers that articulate
243to degree programs at postsecondary educational institutions.
244     (19)  Recommendations for changes to the current funding
245methodology leading to:
246     (a)  Heightened recognition of the critical role of
247rigorous career education to the state's workforce needs.
248     (b)  Flexibility of rigorous career education programs to
249fill critical need careers.
250     (c)  Leveraging of private resources to create public-
251private career education partnerships.
252     (d)  Distribution of secondary and postsecondary rigorous
253career education funds using a common set of criteria, with base
254funding distributed on a workload basis, that takes into
255consideration the equipment, materials, and instructors
256supplied.
257     (e)  SUCCEED, FLORIDA! Initiative competitive grants as
258provided in the General Appropriations Act.
259     (20)  Annual recommendations for statutory and funding
260revisions needed to enhance the rigorous career education
261system.
262     (21)  A clear and detailed annual report on the progress of
263full implementation of the rigorous career education system.
264     1014.21  Career and professional academies.--
265     (1)  Effective July 1, 2005, a "career and professional
266academy" means a research-based, rigorous career education
267community that combines academic and technical curricula around
268a career theme and is offered by a school district,
269collaborating school districts, or the Florida Virtual School
270for the purpose of providing an instructional delivery system
271that incorporates rigorous academic standards with industry and
272business relevancy.
273     (2)  Career and professional academies may be offered
274through career academies, career colleges, career institutes,
275industry-certified career education programs, preapprenticeship
276programs, or charter technical career centers. An academy may
277include diversified cooperative education, work experience, on-
278the-job training, and dual enrollment.
279     (3)  Each career and professional academy must:
280     (a)  Provide a rigorous and relevant standards-based
281academic curriculum through a career-based theme.
282     (b)  Include one or more partnerships with businesses,
283employers, industry economic development agencies, or
284postsecondary educational institutions.
285     (c)  Correlate directly with careers and industry
286certifications with high growth, high demand, and high pay.
287     (d)  Deliver academic subjects through career paths and
288deliver curricula and instruction in ways relevant to the
289career.
290     (e)  Establish strong eligibility criteria for student
291participation.
292     (f)  Provide necessary long-range recapitalization
293projections for replacement and updating of equipment of the
294academy.
295     (4)  A career and professional academy offered by the
296Florida Virtual School shall be offered on a first priority
297basis to public school students in school districts that do not
298have a career and professional academy.
299     (5)  Students in career and professional academies that
300have postsecondary educational institutions as partners shall
301receive postsecondary credits for career education courses.
302     (6)  A school district with a career and professional
303academy may apply to the department's Office of Career Education
304for certification of the academy. Upon certification:
305     (a)  If the academy is offered in a school district career
306center, the career center may use the term "career college" in
307the name of the career center that offers the program. The
308authorization for use of the term "career college" does not
309authorize school district career centers to award postsecondary
310degrees.
311     (b)  If the academy is offered in a high school, the career
312education courses that emphasize reading, writing, mathematics,
313and science offered in the academy may be considered core
314curricula courses upon approval of the Commissioner of
315Education.
316     1014.25  Career and professional academy startup grants.--
317     (1)  As provided in the General Appropriations Act, a
318district school board or the Florida Virtual School seeking to
319enter into a partnership with one or more businesses,
320industries, or postsecondary educational institutions to operate
321a career and professional academy pursuant to s. 1014.21 may
322apply to the Office of Career Education in the Department of
323Education for a startup grant to offset implementation costs.
324The Office of Career Education shall administer the startup
325grants.
326     (2)  A grant must be provided through a competitive process
327and may be used only for a career and professional academy.
328     (3)  A high school that currently has a career academy,
329career institute, industry-certified program, or
330preapprenticeship program as well as a charter technical career
331center shall be eligible to apply for a grant redesigning its
332programs to meet the rigorous and relevant academic standards of
333a career and professional academy.
334     (4)  Curriculum and content developed in a career and
335professional academy as a result of a startup grant shall be
336made available to all school districts.
337     Section 3.  Section 1006.01, Florida Statutes, is created
338to read:
339     1006.01  Enhanced secondary and postsecondary academic and
340career education online student advising and guidance
341system.--The Department of Education shall enhance the student
342advising system described in s. 1007.28 into a secondary and
343postsecondary academic and career education online student
344advising and guidance system. In addition to the requirements of
345s. 1007.28, the enhanced system must:
346     (1)  Be made available to students, parents, and counselors
347to:
348     (a)  Assist in understanding secondary and postsecondary
349career education options available through public and private
350institutions.
351     (b)  Explore various careers based on a student's interests
352and the specific education preparation, certification, or degree
353needed to pursue that career.
354     (2)  Provide secondary and postsecondary career education
355guidance that is meaningful, relevant, useful, student and
356parent friendly, and tailored to the needs and talents of
357individual students.
358     (3)  Provide access to resources available throughout the
359geographic region of the Southern Regional Education Board.
360     (4)  Provide access to information from regional workforce
361boards so that local career information may be obtained as well
362as information about careers that are state critical needs or
363identified as rewarding careers and the secondary and
364postsecondary career education necessary to enter these careers.
365     (5)  Provide continuous secondary and postsecondary career
366education guidance beginning in middle school, and store student
367information until completion of the student's education.
368     Section 4.  Subsections (3), (4), (5), (6), and (7) of
369section 20.15, Florida Statutes, are renumbered as subsections
370(4), (5), (6), (7), and (8), respectively, and a new subsection
371(3) is added to said section to read:
372     20.15  Department of Education.--There is created a
373Department of Education.
374     (3)  DEPUTY COMMISSIONER OF CAREER EDUCATION.--The
375Commissioner of Education shall appoint a Deputy Commissioner of
376Career Education pursuant to s. 1014.15 to direct the Office of
377Career Education established in s. 1001.20(4)(f).
378     Section 5.  Paragraph (f) is added to subsection (4) of
379section 1001.20, Florida Statutes, to read:
380     1001.20  Department under direction of state board.--
381     (4)  The Department of Education shall establish the
382following offices within the Office of the Commissioner of
383Education which shall coordinate their activities with all other
384divisions and offices:
385     (f)  Office of Career Education.--Responsible for
386evaluating the effectiveness of public and private secondary and
387postsecondary education programs in providing rigorous career
388education; developing in partnership with the business community
389and Workforce Florida, Inc., a marketing plan for secondary and
390postsecondary career education, including career and
391professional academies, to attract secondary and postsecondary
392students into careers of critical state need; promoting seamless
393articulation throughout the career education system; and
394administering career and professional academy startup grants.
395     Section 6.  Paragraphs (a) and (d) of subsection (2) of
396section 1002.23, Florida Statutes, are amended to read:
397     1002.23  Family and School Partnership for Student
398Achievement Act.--
399     (2)  To facilitate meaningful parent and family
400involvement, the Department of Education shall develop
401guidelines for a parent guide to successful student achievement
402which describes what parents need to know about their child's
403educational progress and how they can help their child to
404succeed in school. The guidelines shall include, but need not be
405limited to:
406     (a)  Parental information regarding:
407     1.  Requirements for their child to be promoted to the next
408grade, as provided for in s. 1008.25;
409     2.  Progress of their child toward achieving state and
410district expectations for academic proficiency;
411     3.  Assessment results, including report cards and progress
412reports; and
413     4.  Qualifications of their child's teachers; and
414     5.  Availability of the secondary and postsecondary
415academic and career education online student advising and
416guidance system described in s. 1006.01;
417     (d)  Opportunities for parents to learn about rigorous
418academic programs that may be available for their child, such as
419honors programs, dual enrollment, advanced placement,
420International Baccalaureate, Florida Virtual High School
421courses, career and professional academies, and accelerated
422access to postsecondary education;
423     Section 7.  Section 1003.4157, Florida Statutes, is created
424to read:
425     1003.4157  Middle school promotion requirement.--Beginning
426with students entering grade 8 in the 2005-2006 school year,
427promotion from a middle school requires one-half credit in grade
4288 in secondary and postsecondary career education opportunities,
429including hands-on use of the secondary and postsecondary
430academic and career education online student advising and
431guidance system described in s. 1006.01, high school course
432selection, potential career options and the educational path
433necessary to pursue those options, and potential opportunities
434to participate in a career and professional academy. The State
435Board of Education shall adopt rules pursuant to ss. 120.536(1)
436and 120.54 to provide for alternative middle school promotion
437standards for credit in secondary and postsecondary career
438education opportunities for students in grades 6, 7, or 8 who
439are not enrolled in schools with a grade 6 through 8 middle
440school configuration.
441     Section 8.  Paragraph (i) of subsection (1) of section
4421003.43, Florida Statutes, is amended to read:
443     1003.43  General requirements for high school graduation.--
444     (1)  Graduation requires successful completion of either a
445minimum of 24 academic credits in grades 9 through 12 or an
446International Baccalaureate curriculum. The 24 credits shall be
447distributed as follows:
448     (i)  One-half credit in life management skills to include
449consumer education, positive emotional development, marriage and
450relationship skill-based education, nutrition, parenting skills,
451prevention of human immunodeficiency virus infection and
452acquired immune deficiency syndrome and other sexually
453transmissible diseases, benefits of sexual abstinence and
454consequences of teenage pregnancy, information and instruction
455on breast cancer detection and breast self-examination,
456cardiopulmonary resuscitation, drug education, and the hazards
457of smoking. The one-half credit required under this paragraph
458must include hands-on use of the secondary and postsecondary
459academic and career education online student advising and
460guidance system described in s. 1006.01. For students enrolled
461in a department-certified career and professional academy, the
462one-half credit in life management skills may be earned in a
463career preparation related course that applies various life
464management skills, including work habits, work ethics, and
465instruction in financial literacy focused on the importance of
466financial management, savings, investments, credit scores, and
467additional material as suggested by the Florida Council on
468Economic Education and the Florida Bankers Association.
469
470District school boards may award a maximum of one-half credit in
471social studies and one-half elective credit for student
472completion of nonpaid voluntary community or school service
473work. Students choosing this option must complete a minimum of
47475 hours of service in order to earn the one-half credit in
475either category of instruction. Credit may not be earned for
476service provided as a result of court action. District school
477boards that approve the award of credit for student volunteer
478service shall develop guidelines regarding the award of the
479credit, and school principals are responsible for approving
480specific volunteer activities. A course designated in the Course
481Code Directory as grade 9 through grade 12 that is taken below
482the 9th grade may be used to satisfy high school graduation
483requirements or Florida Academic Scholars award requirements as
484specified in a district school board's student progression plan.
485A student shall be granted credit toward meeting the
486requirements of this subsection for equivalent courses, as
487identified pursuant to s. 1007.271(6), taken through dual
488enrollment.
489     Section 9.  Section 1003.492, Florida Statutes, is amended
490to read:
491     1003.492  Industry-certified career education programs.--
492     (1)  A career education program within a comprehensive high
493school program of study shall be coordinated with the
494appropriate industry indicating that all components of the
495program are relevant and appropriate to prepare the student for
496further education or for employment in that industry.
497     (2)  The State Board of Education shall adopt rules
498pursuant to ss. 120.536(1) and 120.54 for implementing an
499industry certification process, which rules must establish any
500necessary procedures for obtaining appropriate business partners
501and requirements for business and industry involvement in
502curriculum oversight and equipment procurement.
503     (3)  The Department of Education shall study student
504performance in industry-certified career education programs. The
505department shall identify districts that currently operate
506industry-certified career education programs. The study shall
507examine the performance of participating students over time.
508Performance factors shall include, but not be limited to,
509graduation rates, retention rates, additional educational
510attainment, employment records, earnings, and industry
511satisfaction. The results of this study shall be submitted to
512the President of the Senate and the Speaker of the House of
513Representatives by December 31, 2004.
514     (4)  The Department of Education shall conduct a study to
515determine if a cost factor should be applied to industry-
516certified career education programs and review the need for
517startup funding for the programs. The study shall be completed
518by December 31, 2004, and shall be submitted to the President of
519the Senate and the Speaker of the House of Representatives.
520     Section 10.  Section 1004.85, Florida Statutes, is
521renumbered as section 1004.045, Florida Statutes, and paragraphs
522(e), (f), and (g) are added to subsection (2) of said section to
523read:
524     1004.045 1004.85  Postsecondary educator preparation
525institutes.--
526     (2)  Postsecondary institutions that are accredited or
527approved as described in state board rule may seek approval from
528the Department of Education to create educator preparation
529institutes for the purpose of providing any or all of the
530following:
531     (e)  Instruction to assist associate degree holders who
532have business experience in demonstrating teaching competencies
533for career education courses in the specific area relating to
534their business experience.
535     (f)  Professional development instruction to assist career
536education teachers in delivering a career education curriculum
537in a relevant context with student-centered, research-based
538instructional strategies and a rigorous standards-based academic
539curriculum.
540     (g)  Professional development instruction to assist
541guidance counselors in using a mentor-teacher guidance model.
542     Section 11.  Subsection (1) of section 1006.02, Florida
543Statutes, is amended to read:
544     1006.02  Provision of information to students and parents
545regarding school-to-work transition.--
546     (1)  To facilitate each student's ability to easily and
547seamlessly combine academic and rigorous career education
548courses throughout the educational experience, all public K-12
549schools shall document as part of the guidance report required
550pursuant to s. 1006.025 that each middle school and high school
551student has used the secondary and postsecondary academic and
552career education online student advising and guidance system
553described in s. 1006.01 as part of the student's career
554exploration and planning process. The report must include the
555manner in which they have prepared students to enter the
556workforce, including information regarding the provision of
557accurate, timely career and curricular counseling to middle
558school and high school students. This information shall include
559a delineation of available career opportunities, educational
560requirements associated with each career, educational
561institutions that prepare students to enter each career, and
562student financial aid available to enable students to pursue any
563postsecondary instruction required to enter that career. This
564information shall also delineate school procedures for
565identifying individual student interests and aptitudes which
566enable students to make informed decisions about the curriculum
567that best addresses their individual interests and aptitudes
568while preparing them to enroll in postsecondary education and
569enter the workforce. This information shall include recommended
570high school coursework that prepares students for success in
571college-level work. The information shall be made known to
572parents and students annually through inclusion in the school's
573handbook, manual, or similar documents or other communications
574regularly provided to parents and students.
575     Section 12.  Paragraph (f) of subsection (2) of section
5761006.025, Florida Statutes, is amended to read:
577     1006.025  Guidance services.--
578     (2)  The guidance report shall include, but not be limited
579to, the following:
580     (f)  Actions taken to provide information to students for
581the school-to-work transition and documentation that each middle
582school and high school student has used the secondary and
583postsecondary academic and career education online student
584advising and guidance system described in s. 1006.01 for the
585student's career exploration and planning process pursuant to s.
5861006.02.
587     Section 13.  The introductory paragraph, paragraph (a) of
588subsection (2), and subsections (3), (4), (8), and (9) of
589section 1009.21, Florida Statutes, are amended to read:
590     1009.21  Determination of resident status for tuition
591purposes.--Students shall be classified as residents or
592nonresidents for the purpose of assessing tuition in community
593colleges and state universities and for the purpose of assessing
594tuition for instruction in workforce education programs offered
595by school districts.
596     (2)(a)  To qualify as a resident for tuition purposes:
597     1.  A person or, if that person is a dependent child, his
598or her parent or parents must have established legal residence
599in this state and must have maintained legal residence in this
600state for at least 12 months immediately prior to his or her
601qualification.
602     2.  Every applicant for admission to an institution of
603higher education or a workforce education program offered by a
604school district shall be required to make a statement as to his
605or her length of residence in the state and, further, shall
606establish that his or her presence or, if the applicant is a
607dependent child, the presence of his or her parent or parents in
608the state currently is, and during the requisite 12-month
609qualifying period was, for the purpose of maintaining a bona
610fide domicile, rather than for the purpose of maintaining a mere
611temporary residence or abode incident to enrollment in an
612institution of higher education or a workforce education program
613offered by a school district.
614     (3)  An individual shall not be classified as a resident
615for tuition purposes and, thus, shall not be eligible to receive
616the in-state tuition rate until he or she has provided such
617evidence related to legal residence and its duration as may be
618required by officials of the institution of higher education or
619officials of the school district offering the workforce
620education program from which he or she seeks the in-state
621tuition rate.
622     (4)  With respect to a dependent child, the legal residence
623of such individual's parent or parents is prima facie evidence
624of the individual's legal residence, which evidence may be
625reinforced or rebutted, relative to the age and general
626circumstances of the individual, by the other evidence of legal
627residence required of or presented by the individual. However,
628the legal residence of an individual whose parent or parents are
629domiciled outside this state is not prima facie evidence of the
630individual's legal residence if that individual has lived in
631this state for 5 consecutive years prior to enrolling or
632reregistering at the institution of higher education or
633enrolling or reregistering in a workforce education program
634offered by a school district at which resident status for
635tuition purposes is sought.
636     (8)  A person who has been properly classified as a
637resident for tuition purposes but who, while enrolled in an
638institution of higher education or a workforce education program
639offered by a school district in this state, loses his or her
640resident tuition status because the person or, if he or she is a
641dependent child, the person's parent or parents establish
642domicile or legal residence elsewhere shall continue to enjoy
643the in-state tuition rate for a statutory grace period, which
644period shall be measured from the date on which the
645circumstances arose that culminated in the loss of resident
646tuition status and shall continue for 12 months. However, if the
64712-month grace period ends during a semester or academic term
648for which such former resident is enrolled, such grace period
649shall be extended to the end of that semester or academic term.
650     (9)  Any person who ceases to be enrolled in at or who
651graduates from an institution of higher education or a workforce
652education program offered by a school district while classified
653as a resident for tuition purposes and who subsequently abandons
654his or her domicile in this state shall be permitted to reenroll
655in at an institution of higher education or a workforce
656education program offered by a school district in this state as
657a resident for tuition purposes without the necessity of meeting
658the 12-month durational requirement of this section if that
659person has reestablished his or her domicile in this state
660within 12 months of such abandonment and continuously maintains
661the reestablished domicile during the period of enrollment. The
662benefit of this subsection shall not be accorded more than once
663to any one person.
664     Section 14.  One full-time equivalent position is
665authorized and the sum of $175,000 is appropriated from
666recurring general revenue to the Department of Education for the
667position of Deputy Commissioner of Career Education. The funds
668appropriated are for salary rate, benefits, expenses, operating
669capital outlay, and human resource services. The Commissioner of
670Education shall transfer existing positions and funds as
671appropriate for the creation of the Office of Career Education.
672Such funds shall include, but are not limited to, salary rate,
673benefits, expenses, other personal services, operating capital
674outlay, and human resource services.
675     Section 15.  This act shall take effect July 1, 2005.


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