Florida Senate - 2014                             CS for SB 1202
       
       
        
       By the Committee on Education; and Senator Montford
       
       
       
       
       
       581-03194-14                                          20141202c1
    1                        A bill to be entitled                      
    2         An act relating to career centers and charter
    3         technical career centers; amending s. 1001.44, F.S.;
    4         authorizing a career center to offer college credit
    5         courses applicable toward specific certificates or
    6         degrees; providing a process for approval to offer
    7         specific degree programs; requiring the State Board of
    8         Education to adopt rules; authorizing a career center
    9         to change the institution’s name if certain
   10         requirements are met; amending s. 1002.34, F.S.;
   11         authorizing a charter technical career center to offer
   12         college credit courses applicable toward specific
   13         certificates or degrees; providing an approval
   14         process; authorizing a charter technical career center
   15         to change the institution’s name if certain
   16         requirements are met; amending s. 1004.02, F.S.,
   17         relating to definitions; renaming the applied
   18         technology diploma program as the college credit
   19         certificate program and clarifying the program;
   20         amending ss. 1007.23 and 1007.25, F.S.; conforming
   21         provisions; amending s. 1009.22, F.S.; revising and
   22         clarifying tuition and fees for specific workforce
   23         education programs; amending ss. 1009.53, 1009.532,
   24         and 1009.536, F.S.; conforming provisions; amending s.
   25         1011.80, F.S., relating to funds for operation of
   26         workforce education programs; conforming provisions;
   27         authorizing a career center to offer associate in
   28         applied science degree programs; requiring school
   29         districts and Florida College System institutions to
   30         maintain certain records; revising operational and
   31         performance funding calculation and allocation for
   32         workforce education programs; deleting provisions
   33         relating to a program to assist in responding to needs
   34         of new and expanding businesses; correcting a cross
   35         reference; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 1001.44, Florida Statutes, is amended to
   40  read:
   41         (Substantial rewording of section. See
   42         s. 1001.44, F.S., for present text.)
   43         1001.44 Career centers.—
   44         (1) In order to provide additional career pathways, career
   45  centers shall support and enhance a competitive workforce by
   46  offering high-quality career and technical education programs
   47  that prepare graduates for current and emerging careers.
   48         (2)(a) A career center is an educational institution that
   49  offers postsecondary career and technical education programs and
   50  is under the control of the district school board of the school
   51  district in which the center is located. A district school
   52  board, after first obtaining the approval of the Commissioner of
   53  Education, may organize, establish, and operate a career center
   54  or acquire and operate a career center previously established. A
   55  center that obtains approval to change its name to “technical
   56  college” pursuant to subsection (7) remains under the control of
   57  the district school board of the school district in which the
   58  center is located.
   59         (b) The district school boards of two or more contiguous
   60  districts may, after first obtaining the approval of the
   61  commissioner, enter into an agreement to organize, establish,
   62  and operate, or acquire and operate, a career center under this
   63  section.
   64         (3) A career center shall maintain an academic transcript
   65  for each student enrolled in the center. A student’s transcript
   66  shall include each course completed, credit earned, and
   67  credentials earned by the student. Each course shall be
   68  delineated by the course prefix and title assigned pursuant to
   69  s. 1007.24. A career center shall make each student’s transcript
   70  available to that student.
   71         (4) A career center may offer college credit courses
   72  applicable toward a college credit certificate or an associate
   73  in applied science degree through a partnership with a Florida
   74  College System institution or through direct authority to award
   75  such certificates and degrees. A career center must submit a
   76  proposal to the State Board of Education for approval before
   77  offering and awarding associate in applied science degrees.
   78         (5) The process for a career center to offer an associate
   79  in applied science degree program shall be as follows:
   80         (a) The career center shall submit a notice of its intent
   81  to propose an associate in applied science degree program to the
   82  Division of Career and Adult Education and the Florida College
   83  System institution in its service area 45 days before submitting
   84  the proposal. The notice must include a brief description of the
   85  program, the geographic region to be served, and an estimated
   86  timeframe for implementation. The notice must also include
   87  evidence that the career center engaged in need, demand, and
   88  impact discussions with the Florida College System institution
   89  in its service area.
   90         (b) A proposal to offer an associate in applied science
   91  degree program shall be submitted to the Division of Career and
   92  Adult Education and, at a minimum, include:
   93         1. A description of the planning process and timeline for
   94  implementation.
   95         2. An analysis of workforce demand and unmet need for
   96  graduates of the program on a district or regional basis, as
   97  appropriate, including evidence from entities independent of the
   98  institution.
   99         3. Identification of the facilities, equipment, and library
  100  and academic resources that will be used to deliver the program.
  101         4. A cost analysis of creating a new associate in applied
  102  science degree program.
  103         5. The program’s admission requirements, academic content,
  104  curriculum, faculty credentials, student-to-teacher ratios, and
  105  accreditation plan.
  106         6. Feedback from the Florida College System institution
  107  regarding the notice of intent pursuant to paragraph (a).
  108         7. The program’s enrollment projections and funding
  109  requirements.
  110         8. A description of outcome measures that will be used to
  111  determine success, including, but not limited to, program
  112  completions, placements, licensures, and feedback of employer
  113  satisfaction with the job performance of graduates.
  114         9. A plan that describes how the career center’s college
  115  credit courses will meet the equivalent faculty credential
  116  standards for inclusion in the statewide course numbering system
  117  pursuant to s. 1007.24(7).
  118         10. A plan of action if the program is terminated.
  119         (c) The Division of Career and Adult Education shall review
  120  the proposal, notify the career center, in writing, of any
  121  deficiencies within 30 days after receipt of the proposal, and
  122  provide the center with an opportunity to correct the
  123  deficiencies.
  124         (d) Within 45 days after receipt of the finalized proposal
  125  by the Division of Career and Adult Education, the commissioner
  126  shall recommend approval or disapproval of the proposal to the
  127  state board. The state board shall consider the recommendation
  128  and the proposal at the next scheduled meeting, adhering to
  129  appropriate meeting notice requirements. If the state board
  130  disapproves the career center proposal, it shall provide the
  131  center with a written explanation for that determination. The
  132  state board’s action is not subject to the provisions of the
  133  Administrative Procedure Act.
  134         (e) After approval by the state board to offer its first
  135  associate in applied science degree program, the career center
  136  must obtain accreditation as an associate-in-applied-science
  137  degree-granting institution from an accrediting agency that is
  138  recognized by the United States Department of Education.
  139         (f) A career center shall notify the appropriate
  140  accrediting agency of subsequent degree programs that are
  141  approved by the state board.
  142         (g) A career center shall annually, and upon request of the
  143  state board, the Chancellor of Career and Adult Education, or
  144  the Legislature, report its status using the following
  145  performance and compliance indicators:
  146         1. Obtaining and maintaining appropriate accreditation.
  147         2. Maintaining qualified faculty and institutional
  148  resources.
  149         3. Maintaining enrollment in previously approved programs.
  150         4. Managing fiscal resources appropriately.
  151         5. Measuring program success, including program
  152  completions, placements, licensures, and employer satisfaction
  153  with the job performance of graduates.
  154  
  155  The state board, upon review of the performance and compliance
  156  indicators, may require a career center to modify or terminate
  157  an associate in applied science degree program authorized under
  158  this section.
  159         (6) The state board shall adopt rules providing guidelines
  160  for receiving, reviewing, and approving proposals to offer
  161  associate in applied science degree programs. The rules shall
  162  establish an annual timeframe by which proposals must be
  163  received. The rules shall also require that a presentation be
  164  made to assist the state board in its decision.
  165         (7) With the approval of its district school board, a
  166  career center may change the institution’s name and use the
  167  designation “technical college” if the center:
  168         (a) Offers college credit certificate programs or has been
  169  authorized to offer associate in applied science degree programs
  170  pursuant to subsection (5);
  171         (b) Offers only career and technical education programs
  172  that are approved by an accrediting agency recognized by the
  173  United States Department of Education; and
  174         (c) Confirms that at least 75 percent of the career and
  175  technical education programs with enrollment during the current
  176  school year lead to an industry certification or licensure.
  177         Section 2. Paragraphs (b) and (g) of subsection (11) of
  178  section 1002.34, Florida Statutes, are amended, and paragraphs
  179  (h) and (i) are added to that subsection, to read:
  180         1002.34 Charter technical career centers.—
  181         (11) FUNDING.—
  182         (b) Each district school board and Florida College System
  183  institution that sponsors a charter technical career center
  184  shall pay directly to the center an amount stated in the
  185  charter. State funding shall be generated for the center for its
  186  student enrollment and program outcomes as provided in law. A
  187  center is eligible for funding from workforce education funds,
  188  the Florida Education Finance Program, and the Florida College
  189  System Program Fund, depending upon the programs offered
  190  conducted by the center, pursuant to s. 1011.80.
  191         (g) A center must describe define in the charter agreement
  192  the delivery system in which the instructional offering of
  193  educational services will be placed. The rules governing this
  194  delivery system must be applied to all of the center’s students
  195  and must authorize all other sponsoring educational systems to
  196  report required enrollment and student data based solely on the
  197  rules of the offering institution. Each sponsor shall earn full
  198  time equivalent membership for each student for funding and
  199  reporting purposes.
  200         (h) A center may offer college credit courses applicable
  201  toward a college credit certificate or an associate in applied
  202  science degree through a partnership with a Florida College
  203  System institution or through direct authority to award such
  204  certificates and degrees. A center must submit a proposal to the
  205  State Board of Education for approval before offering and
  206  awarding associate in applied science degrees, as prescribed in
  207  s. 1001.44(5).
  208         (i) With the approval of its board of directors, a center
  209  may change the institution’s name and use the designation
  210  “technical college” if the center offers college credit
  211  certificate programs or has been authorized to offer associate
  212  in applied science degree programs pursuant to s. 1001.44(5).
  213         Section 3. Subsections (8) and (26) of section 1004.02,
  214  Florida Statutes, are amended to read:
  215         1004.02 Definitions.—As used in this chapter:
  216         (8) “College credit certificate program” “Applied
  217  technology diploma program” means a course of study that is part
  218  of a technical degree program, is less than 60 credit hours, and
  219  leads to employment in a specific occupation. An applied
  220  technology diploma program may consist of either technical
  221  credit or college credit. A public school district may offer an
  222  applied technology diploma program only as technical credit,
  223  with college credit awarded to a student upon articulation to a
  224  Florida College System institution. Statewide articulation among
  225  public schools and Florida College System institutions is
  226  guaranteed by s. 1007.23, and is subject to guidelines and
  227  standards adopted by the State Board of Education pursuant to
  228  ss. 1007.24 and 1007.25.
  229         (26) “Workforce education” means adult general education or
  230  career education and may consist of a continuing workforce
  231  education course or a program of study leading to an
  232  occupational completion point, a career certificate, a college
  233  credit certificate an applied technology diploma, or a career
  234  degree.
  235         Section 4. Subsections (1) and (4) of section 1007.23,
  236  Florida Statutes, are amended to read:
  237         1007.23 Statewide articulation agreement.—
  238         (1) The State Board of Education and the Board of Governors
  239  shall enter into a statewide articulation agreement which the
  240  State Board of Education shall adopt by rule. The agreement must
  241  preserve Florida’s “2+2” system of articulation, facilitate the
  242  seamless articulation of student credit across and among
  243  Florida’s educational entities, and reinforce the provisions of
  244  this chapter by governing:
  245         (a) Articulation between secondary and postsecondary
  246  education.;
  247         (b) Admission of associate in arts degree graduates from
  248  Florida College System institutions and state universities.;
  249         (c) Admission of college credit certificate applied
  250  technology diploma program graduates from Florida College System
  251  institutions or career centers.;
  252         (d) Admission of associate in science degree and associate
  253  in applied science degree graduates from Florida College System
  254  institutions.;
  255         (e) The use of acceleration mechanisms, including
  256  nationally standardized examinations through which students may
  257  earn credit.;
  258         (f) General education requirements and statewide course
  259  numbers as provided for in ss. 1007.24 and 1007.25.; and
  260         (g) Articulation among programs in nursing.
  261         (4) The articulation agreement must guarantee the statewide
  262  articulation of appropriate workforce development programs and
  263  courses between school districts and Florida College System
  264  institutions and specifically provide that every college credit
  265  certificate applied technology diploma graduate must be granted
  266  the same amount of credit upon admission to an associate in
  267  science degree or associate in applied science degree program
  268  unless it is a limited access program. Preference for admission
  269  must be given to graduates who are residents of Florida.
  270         Section 5. Subsections (2) and (11) of section 1007.25,
  271  Florida Statutes, are amended to read:
  272         1007.25 General education courses; common prerequisites;
  273  other degree requirements.—
  274         (2) The department shall identify postsecondary career
  275  education programs offered by Florida College System
  276  institutions and district school boards. The department shall
  277  also identify career courses designated as college credit
  278  courses applicable toward a college credit certificate career
  279  education diploma or degree. Such courses must be identified
  280  within the statewide course numbering system.
  281         (11) The Commissioner of Education shall appoint faculty
  282  committees representing both Florida College System institution
  283  and public school faculties to recommend to the commissioner for
  284  approval by the State Board of Education a standard program
  285  length and appropriate occupational completion points for each
  286  postsecondary career certificate program, college credit
  287  certificate diploma, and degree offered by a school district or
  288  a Florida College System institution.
  289         Section 6. Subsection (3) of section 1009.22, Florida
  290  Statutes, is amended to read:
  291         1009.22 Workforce education postsecondary student fees.—
  292         (3)(a) Except as otherwise provided by law, fees for
  293  students who are nonresidents for tuition purposes must offset
  294  the full cost of instruction. Residency of students shall be
  295  determined as required in s. 1009.21. Fee-nonexempt students
  296  enrolled in applied academics for adult education instruction
  297  shall be charged fees equal to the fees charged for adult
  298  general education programs. Each Florida College System
  299  institution that conducts developmental education and applied
  300  academics for adult education instruction in the same class
  301  section may charge a single fee for both types of instruction.
  302         (b) Fees for continuing workforce education shall be
  303  locally determined by the district school board or Florida
  304  College System institution board. Expenditures for the
  305  continuing workforce education program provided by the Florida
  306  College System institution or school district must be fully
  307  supported by fees. Enrollments in continuing workforce education
  308  courses may not be counted for purposes of funding full-time
  309  equivalent enrollment.
  310         (c) Effective July 1, 2011, for programs leading to a
  311  career certificate or an applied technology diploma, the
  312  standard tuition shall be $2.22 per contact hour for residents
  313  and nonresidents and the out-of-state fee shall be $6.66 per
  314  contact hour. For adult general education programs, a block
  315  tuition of $45 per half year or $30 per term shall be assessed
  316  for residents and nonresidents, and the out-of-state fee shall
  317  be $135 per half year or $90 per term. Each district school
  318  board and Florida College System institution board of trustees
  319  shall adopt policies and procedures for the collection of and
  320  accounting for the expenditure of the block tuition. All funds
  321  received from the block tuition shall be used only for adult
  322  general education programs. Students enrolled in adult general
  323  education programs may not be assessed the fees authorized in
  324  subsection (5), subsection (6), or subsection (7).
  325         (d) For programs leading to a career certificate, the
  326  standard tuition shall be $2.33 per contact hour for residents
  327  and nonresidents and the out-of-state fee shall be $6.66 per
  328  contact hour in addition to the standard tuition of $2.33 per
  329  contact hour. For programs leading to a college credit
  330  certificate or an associate in applied science degree, the
  331  standard tuition shall be $71.98 per college credit hour for
  332  residents and nonresidents and the out-of-state fee shall be
  333  $215.94 per credit hour in addition to the standard college
  334  credit hour rate of $71.98.
  335         (e)(d)Beginning with the 2008-2009 fiscal year and each
  336  year thereafter, The tuition and the out-of-state fee per
  337  contact or credit hour shall increase at the beginning of each
  338  fall semester at a rate equal to inflation, unless otherwise
  339  provided in the General Appropriations Act. If the rate is not
  340  provided in the General Appropriations Act The Office of
  341  Economic and Demographic Research shall report the rate of
  342  inflation to the President of the Senate, the Speaker of the
  343  House of Representatives, the Governor, and the State Board of
  344  Education each year prior to March 1. For purposes of this
  345  paragraph, the rate of inflation shall be defined as the rate of
  346  the 12-month percentage change in the Consumer Price Index for
  347  All Urban Consumers, U.S. City Average, All Items, or successor
  348  reports as reported by the United States Department of Labor,
  349  Bureau of Labor Statistics, or its successor for December of the
  350  previous year. In the event the percentage change is negative,
  351  the tuition and out-of-state fee shall remain at the same level
  352  as the prior fiscal year.
  353         (f)(e) Each district school board and each Florida College
  354  System institution board of trustees may adopt tuition and out
  355  of-state fees that may vary no more than 5 percent below and 5
  356  percent above the combined total of the standard tuition and
  357  out-of-state fees established in paragraph (d) (c).
  358         (f) The maximum increase in resident tuition for any school
  359  district or Florida College System institution during the 2007
  360  2008 fiscal year shall be 5 percent over the tuition charged
  361  during the 2006-2007 fiscal year.
  362         (g) The State Board of Education may adopt, by rule, the
  363  definitions and procedures that district school boards and
  364  Florida College System institution boards of trustees shall use
  365  in the calculation of cost borne by students.
  366         Section 7. Subsection (1) of section 1009.53, Florida
  367  Statutes, is amended to read:
  368         1009.53 Florida Bright Futures Scholarship Program.—
  369         (1) The Florida Bright Futures Scholarship Program is
  370  created to establish a lottery-funded scholarship program to
  371  reward any Florida high school graduate who merits recognition
  372  of high academic achievement and who enrolls in a degree
  373  program, certificate program, or college credit certificate
  374  applied technology program at an eligible Florida public or
  375  private postsecondary education institution within 3 years of
  376  graduation from high school.
  377         Section 8. Paragraph (c) of subsection (3) of section
  378  1009.532, Florida Statutes, is amended to read:
  379         1009.532 Florida Bright Futures Scholarship Program;
  380  student eligibility requirements for renewal awards.—
  381         (3)
  382         (c) A student who is initially eligible in the 2012-2013
  383  academic year and thereafter may receive an award for a maximum
  384  of 100 percent of the number of credit hours required to
  385  complete an associate degree program, a baccalaureate degree
  386  program, or a postsecondary career certificate program or, for a
  387  Florida Gold Seal Vocational Scholars award, may receive an
  388  award for a maximum of 100 percent of the number of credit hours
  389  or equivalent clock hours required to complete one of the
  390  following at a Florida public or nonpublic education institution
  391  that offers these specific programs: for a college credit
  392  certificate an applied technology diploma program as defined in
  393  s. 1004.02(8), up to 60 credit hours or equivalent clock hours;
  394  for a technical degree education program as defined in s.
  395  1004.02(14), up to the number of hours required for a specific
  396  degree not to exceed 72 credit hours or equivalent clock hours;
  397  or for a career certificate program as defined in s.
  398  1004.02(21), up to the number of hours required for a specific
  399  certificate not to exceed 72 credit hours or equivalent clock
  400  hours. A student who transfers from one of these program levels
  401  to another program level becomes eligible for the higher of the
  402  two credit hour limits.
  403         Section 9. Paragraph (c) of subsection (4) of section
  404  1009.536, Florida Statutes, is amended to read:
  405         1009.536 Florida Gold Seal Vocational Scholars award.—The
  406  Florida Gold Seal Vocational Scholars award is created within
  407  the Florida Bright Futures Scholarship Program to recognize and
  408  reward academic achievement and career preparation by high
  409  school students who wish to continue their education.
  410         (4)
  411         (c) A student who is initially eligible in the 2012-2013
  412  academic year and thereafter may earn a Florida Gold Seal
  413  Vocational Scholarship for a maximum of 100 percent of the
  414  number of credit hours or equivalent clock hours required to
  415  complete one of the following at a Florida public or nonpublic
  416  education institution that offers these specific programs: for a
  417  college credit certificate an applied technology diploma program
  418  as defined in s. 1004.02(8), up to 60 credit hours or equivalent
  419  clock hours; for a technical degree education program as defined
  420  in s. 1004.02(14), up to the number of hours required for a
  421  specific degree not to exceed 72 credit hours or equivalent
  422  clock hours; or for a career certificate program as defined in
  423  s. 1004.02(21), up to the number of hours required for a
  424  specific certificate not to exceed 72 credit hours or equivalent
  425  clock hours.
  426         Section 10. Section 1011.80, Florida Statutes, is amended
  427  to read:
  428         1011.80 Funds for operation of workforce education
  429  programs.—
  430         (1) As used in this section, the terms “workforce
  431  education” and “workforce education program” include:
  432         (a) Adult general education programs designed to improve
  433  the employability skills of the state’s workforce as defined in
  434  s. 1004.02(3).
  435         (b) Career certificate programs, as defined in s.
  436  1004.02(21).
  437         (c) College credit certificate Applied technology diploma
  438  programs, as defined in s. 1004.02(8).
  439         (d) Continuing workforce education courses.
  440         (e) Degree career education programs.
  441         (f) Apprenticeship and preapprenticeship programs as
  442  defined in s. 446.021.
  443         (2) A Any workforce education program may be conducted by a
  444  Florida College System institution or a school district, except
  445  that college credit in an associate in applied science or an
  446  associate in science degree may be awarded only by a Florida
  447  College System institution. However, if an associate in applied
  448  science or an associate in science degree program contains
  449  within it an occupational completion point that confers a
  450  college credit certificate or an applied technology diploma,
  451  that portion of the program may be offered conducted by a school
  452  district career center. A career center authorized to offer an
  453  associate in applied science degree program pursuant to s.
  454  1001.44(5) may offer only those general education courses
  455  contained within the approved degree program. Any Instruction
  456  designed to articulate to a degree program is subject to
  457  guidelines and standards adopted by the State Board of Education
  458  pursuant to s. 1007.25.
  459         (3) Each school district and Florida College System
  460  institution receiving state appropriations for workforce
  461  education programs must maintain adequate and accurate records,
  462  including a system to record school district workforce education
  463  funding and expenditures in order to maintain separation of
  464  postsecondary workforce education expenditures from secondary
  465  education expenditures. These records must be filed with the
  466  Department of Education in correct and proper form on or before
  467  the date due as fixed by law or rule for each annual or periodic
  468  report that is required by rules of the State Board of
  469  Education.
  470         (4) School districts shall report full-time equivalent
  471  students by discipline category for the programs specified in
  472  subsection (1). There shall be an annual cost analysis for the
  473  school district workforce education programs that reports cost
  474  by discipline category consistent with the reporting for full
  475  time equivalent students. The annual financial reports submitted
  476  by the school districts must accurately report on the student
  477  fee revenues by fee type according to the programs specified in
  478  subsection (1). The Department of Education shall develop a plan
  479  for comparable reporting of program, student, facility,
  480  personnel, and financial data between the Florida College System
  481  institutions and the school district workforce education
  482  programs If a program for disabled adults pursuant to s. 1004.93
  483  is a workforce program as defined in law, it must be funded as
  484  provided in this section.
  485         (4) Funding for all workforce education programs must be
  486  based on cost categories, performance output measures, and
  487  performance outcome measures.
  488         (a) The cost categories must be calculated to identify
  489  high-cost programs, medium-cost programs, and low-cost programs.
  490  The cost analysis used to calculate and assign a program of
  491  study to a cost category must include at least both direct and
  492  indirect instructional costs, consumable supplies, equipment,
  493  and standard program length.
  494         (b) The performance output measure for an adult general
  495  education course of study is measurable improvement in student
  496  skills. This measure shall include improvement in literacy
  497  skills, grade level improvement as measured by an approved test,
  498  or attainment of a State of Florida diploma or an adult high
  499  school diploma.
  500         (c) The performance outcome measures for adult general
  501  education programs are associated with placement and retention
  502  of students after reaching a completion point or completing a
  503  program of study. These measures include placement or retention
  504  in employment. Continuing postsecondary education at a level
  505  that will further enhance employment is a performance outcome
  506  for adult general education programs.
  507         (5) State funding and student fees for workforce education
  508  instruction shall be established as follows:
  509         (a) Expenditures for the continuing workforce education
  510  programs provided by the Florida College System institutions or
  511  school districts must be fully supported by fees. Enrollments in
  512  continuing workforce education courses shall not be counted for
  513  purposes of funding full-time equivalent enrollment.
  514         (b) For all other workforce education programs, state
  515  funding shall be calculated based on weighted enrollment and
  516  program costs minus fee revenues generated to offset program
  517  operational costs equal 75 percent of the average cost of
  518  instruction with the remaining 25 percent made up from student
  519  fees. Fees for courses within a program shall not vary according
  520  to the cost of the individual program, but instead shall be as
  521  provided in s. 1009.22 based on a uniform fee calculated and set
  522  at the state level, as adopted by the State Board of Education,
  523  unless otherwise specified in the General Appropriations Act.
  524         (c) For fee-exempt students pursuant to s. 1009.25, unless
  525  otherwise provided for in law, state funding shall equal 100
  526  percent of the average cost of instruction.
  527         (c)(d) For a public educational institution that has been
  528  fully funded by an external agency for direct instructional
  529  costs of any course or program, the FTE generated shall not be
  530  reported for state funding.
  531         (6)(a) A school district or a Florida College System
  532  institution that provides workforce education programs shall
  533  receive funds in accordance with distributions for base and
  534  performance funding established by the Legislature in the
  535  General Appropriations Act. To ensure equitable funding for all
  536  school district workforce education programs and to recognize
  537  enrollment growth, the Department of Education shall use the
  538  funding model developed by the District Workforce Education
  539  Funding Steering Committee to determine each district’s
  540  workforce education funding needs. To assist the Legislature in
  541  allocating workforce education funds in the General
  542  Appropriations Act, the funding model shall annually be provided
  543  to the legislative appropriations committees no later than March
  544  1.
  545         (b) Operational funding shall be provided to school
  546  districts for workforce education programs based on weighted
  547  student enrollment and program costs determined by cost
  548  categories. The cost categories must be calculated to identify
  549  high-cost programs, medium-cost programs, and low-cost programs.
  550  The cost analysis used to calculate and assign a program of
  551  study to a cost category must include at least both direct and
  552  indirect instructional costs, consumable supplies, equipment,
  553  and standard program length.
  554         (7) Performance funding for workforce education programs
  555  shall be contingent upon specific appropriation in the General
  556  Appropriations Act. To assist the Legislature in determining
  557  performance funding allocations, the State Board of Education
  558  shall provide the Legislature with recommended formulas,
  559  criteria, timeframes, and mechanisms for distributing
  560  performance funds no later than March 1. These recommendations
  561  shall reward programs that:
  562         (a) Prepare people to enter high-skill/high-wage
  563  occupations identified by the Workforce Estimating Conference
  564  pursuant to s. 216.136 and other programs as approved by
  565  Workforce Florida, Inc. At a minimum, performance incentives
  566  shall be calculated for adults who reach completion points or
  567  complete programs that lead to specified high-wage employment
  568  and to their placement in that employment.
  569         (b) Prepare adults who are eligible for public assistance,
  570  economically disadvantaged, disabled, not proficient in English,
  571  or dislocated workers for high-wage occupations. At a minimum,
  572  performance incentives shall be calculated at an enhanced value
  573  for the completion by adults identified in this paragraph and
  574  the job placement of such adults upon completion. In addition,
  575  adjustments may be made in payments for job placements for areas
  576  of high unemployment.
  577         (c) Increase student achievement in adult general education
  578  courses by measuring performance output and outcome measures.
  579         1. The performance output measure for an adult general
  580  education course of study is measurable improvement in student
  581  skills. This measure shall include improvement in literacy
  582  skills, grade-level improvement as measured by an approved test,
  583  or attainment of a Florida diploma or an adult high school
  584  diploma.
  585         2. The performance outcome measures for adult general
  586  education programs are associated with placement and retention
  587  of students after reaching a completion point or completing a
  588  program of study. These measures include placement or retention
  589  in employment. Continuing postsecondary education at a level
  590  that will further enhance employment is a performance outcome
  591  for adult general education programs.
  592         (d)(b)Award industry certifications. Performance funding
  593  for industry certifications for school district workforce
  594  education programs is contingent upon specific appropriation in
  595  the General Appropriations Act and shall be determined as
  596  follows:
  597         1. Occupational areas for which industry certifications may
  598  be earned, as established in the General Appropriations Act, are
  599  eligible for performance funding. Priority shall be given to the
  600  occupational areas emphasized in state, national, or corporate
  601  grants provided to Florida educational institutions.
  602         2. The Chancellor of Career and Adult Education shall
  603  identify the industry certifications eligible for funding on the
  604  Postsecondary Industry Certification Funding List approved by
  605  the State Board of Education pursuant to s. 1008.44, based on
  606  the occupational areas specified in the General Appropriations
  607  Act.
  608         3. Each school district shall be provided $1,000 for each
  609  industry certification earned by a workforce education student.
  610  The maximum amount of funding appropriated for performance
  611  funding pursuant to this paragraph shall be limited to $15
  612  million annually. If funds are insufficient to fully fund the
  613  calculated total award, such funds shall be prorated.
  614         (c) A program is established to assist school districts and
  615  Florida College System institutions in responding to the needs
  616  of new and expanding businesses and thereby strengthening the
  617  state’s workforce and economy. The program may be funded in the
  618  General Appropriations Act. The district or Florida College
  619  System institution shall use the program to provide customized
  620  training for businesses which satisfies the requirements of s.
  621  288.047. Business firms whose employees receive the customized
  622  training must provide 50 percent of the cost of the training.
  623  Balances remaining in the program at the end of the fiscal year
  624  shall not revert to the general fund, but shall be carried over
  625  for 1 additional year and used for the purpose of serving
  626  incumbent worker training needs of area businesses with fewer
  627  than 100 employees. Priority shall be given to businesses that
  628  must increase or upgrade their use of technology to remain
  629  competitive.
  630         (8)(7)(a) A school district or Florida College System
  631  institution that receives workforce education funds must use the
  632  money to benefit the workforce education programs it provides.
  633  The money may be used for equipment upgrades, program
  634  expansions, or any other use that would result in workforce
  635  education program improvement. The district school board or
  636  Florida College System institution board of trustees may not
  637  withhold any portion of the performance funding for indirect
  638  costs.
  639         (b) State funds provided for the operation of postsecondary
  640  workforce programs may not be expended for the education of
  641  state or federal inmates.
  642         (8) The State Board of Education and Workforce Florida,
  643  Inc., shall provide the Legislature with recommended formulas,
  644  criteria, timeframes, and mechanisms for distributing
  645  performance funds. The commissioner shall consolidate the
  646  recommendations and develop a consensus proposal for funding.
  647  The Legislature shall adopt a formula and distribute the
  648  performance funds to the State Board of Education for Florida
  649  College System institutions and school districts through the
  650  General Appropriations Act. These recommendations shall be based
  651  on formulas that would discourage low-performing or low-demand
  652  programs and encourage through performance-funding awards:
  653         (a) Programs that prepare people to enter high-wage
  654  occupations identified by the Workforce Estimating Conference
  655  created by s. 216.136 and other programs as approved by
  656  Workforce Florida, Inc. At a minimum, performance incentives
  657  shall be calculated for adults who reach completion points or
  658  complete programs that lead to specified high-wage employment
  659  and to their placement in that employment.
  660         (b) Programs that successfully prepare adults who are
  661  eligible for public assistance, economically disadvantaged,
  662  disabled, not proficient in English, or dislocated workers for
  663  high-wage occupations. At a minimum, performance incentives
  664  shall be calculated at an enhanced value for the completion of
  665  adults identified in this paragraph and job placement of such
  666  adults upon completion. In addition, adjustments may be made in
  667  payments for job placements for areas of high unemployment.
  668         (c) Programs that are specifically designed to be
  669  consistent with the workforce needs of private enterprise and
  670  regional economic development strategies, as defined in
  671  guidelines set by Workforce Florida, Inc. Workforce Florida,
  672  Inc., shall develop guidelines to identify such needs and
  673  strategies based on localized research of private employers and
  674  economic development practitioners.
  675         (d) Programs identified by Workforce Florida, Inc., as
  676  increasing the effectiveness and cost efficiency of education.
  677         (9) School districts shall report full-time equivalent
  678  students by discipline category for the programs specified in
  679  subsection (1). There shall be an annual cost analysis for the
  680  school district workforce education programs that reports cost
  681  by discipline category consistent with the reporting for full
  682  time equivalent students. The annual financial reports submitted
  683  by the school districts must accurately report on the student
  684  fee revenues by fee type according to the programs specified in
  685  subsection (1). The Department of Education shall develop a plan
  686  for comparable reporting of program, student, facility,
  687  personnel, and financial data between the Florida College System
  688  institutions and the school district workforce education
  689  programs.
  690         (9)(10) A high school student dually enrolled under s.
  691  1007.271 in a workforce education program operated by a Florida
  692  College System institution or school district career center
  693  generates the amount calculated for workforce education funding,
  694  including any payment of performance funding, and the
  695  proportional share of full-time equivalent enrollment generated
  696  through the Florida Education Finance Program for the student’s
  697  enrollment in a high school. If a high school student is dually
  698  enrolled in a Florida College System institution program,
  699  including a program conducted at a high school, the Florida
  700  College System institution earns the funds generated for
  701  workforce education funding, and the school district earns the
  702  proportional share of full-time equivalent funding from the
  703  Florida Education Finance Program. If a student is dually
  704  enrolled in a career center operated by the same district as the
  705  district in which the student attends high school, that district
  706  earns the funds generated for workforce education funding and
  707  also earns the proportional share of full-time equivalent
  708  funding from the Florida Education Finance Program. If a student
  709  is dually enrolled in a workforce education program provided by
  710  a career center operated by a different school district, the
  711  funds must be divided between the two school districts
  712  proportionally from the two funding sources. A student may not
  713  be reported for funding in a dual enrollment workforce education
  714  program unless the student has completed the basic skills
  715  assessment pursuant to s. 1004.91. A student who is coenrolled
  716  in a K-12 education program and an adult education program may
  717  be reported for purposes of funding in an adult education
  718  program. If a student is coenrolled in core curricula courses
  719  for credit recovery or dropout prevention purposes and does not
  720  have a pattern of excessive absenteeism or habitual truancy or a
  721  history of disruptive behavior in school, the student may be
  722  reported for funding for up to two courses per year. Such a
  723  student is exempt from the payment of the block tuition for
  724  adult general education programs provided in s. 1009.22(3)(c)
  725  1009.22(3)(d). The Department of Education shall develop a list
  726  of courses to be designated as core curricula courses for the
  727  purposes of coenrollment.
  728         (10)(11) The State Board of Education may adopt rules to
  729  administer this section.
  730         Section 11. This act shall take effect July 1, 2014.