Section 239.115, Florida Statutes 2001
1239.115 Funds for operation of adult general education and vocational education programs.--
(1) As used in this section, the terms "workforce development education" and "workforce development program" include:
(a) Adult general education programs designed to improve the employability skills of the state's workforce through adult basic education, adult secondary education, GED preparation, and vocational-preparatory education.
(b) Vocational certificate programs, including courses that lead to an occupational completion point within a program that terminates in either a certificate, a diploma or a degree.
(c) Applied technology diploma programs.
(d) Continuing workforce education courses.
(e) Degree vocational education programs.
(f) Apprenticeship and preapprenticeship programs as defined in s. 446.021.
(2) Any workforce development education program may be conducted by a community college or a school district, except that college credit and an associate in science degree may be awarded only by a community college. However, if an associate in science degree program contains within it an occupational completion point that confers a certificate or an applied technology diploma, that portion of the program may be conducted by a school district technical center. Any instruction designed to articulate to a degree program is subject to guidelines and standards adopted by the Articulation Coordinating Committee pursuant to s. 229.551(1)(g).
(3) If a program for disabled adults pursuant to s. 239.301 is a workforce development program as defined in law it must be funded as provided in this section.
(4) The Florida Workforce Development Education Fund is created to provide performance-based funding for all workforce development programs, whether the programs are offered by a school district or a community college. Funding for all workforce development education programs must be from the Workforce Development Education Fund and must be based on cost categories, performance output measures, and performance outcome measures. This subsection takes effect July 1, 1999.
(a) The cost categories must be calculated to identify high-cost programs, medium-cost programs, and low-cost programs. The cost analysis used to calculate and assign a program of study to a cost category must include at least both direct and indirect instructional costs, consumable supplies, equipment, and standard program length.
(b)1. The performance output measure for vocational education programs of study is student completion of a vocational program of study that leads to an occupational completion point associated with a certificate; an apprenticeship program; or a program that leads to an applied technology diploma or an associate in science degree. Performance output measures for registered apprenticeship programs shall be based on program lengths that coincide with lengths established pursuant to the requirements of chapter 446.
2. The performance output measure for an adult general education course of study is measurable improvement in student skills. This measure shall include improvement in literacy skills, grade level improvement as measured by an approved test, or attainment of a general education development diploma or an adult high school diploma.
(c) The performance outcome measures for programs funded through the Workforce Development Education Fund are associated with placement and retention of students after reaching a completion point or completing a program of study. These measures include placement or retention in employment that is related to the program of study; placement into or retention in employment in an occupation on the Workforce Estimating Conference list of high-wage, high-skill occupations with sufficient openings, or other High Wage/High Skill Program occupations as determined by Workforce Florida, Inc.; and placement and retention of participants or former participants in the welfare transition program in employment. Continuing postsecondary education at a level that will further enhance employment is a performance outcome for adult general education programs. Placement and retention must be reported pursuant to ss. 229.8075 and 239.233.
(5) Effective July 1, 1999, for school districts providing adult basic education for the elderly to at least 10,000 students during fiscal year 1996-1997, and to at least 10,000 students during subsequent fiscal years, funds for these adult basic education courses for the elderly may be provided in a separate categorical subject to provisions defined in the General Appropriations Act. Unless exempt pursuant to s. 239.117, fees for these courses shall be set at no less than 10 percent of the average cost of instruction.
(6) State funding and student fees for workforce development instruction funded through the Workforce Development Education Fund shall be established as follows:
(a) For a continuing workforce education course, state funding shall equal 50 percent of the cost of instruction, with student fees, business support, quick-response training funds, or other means making up the remaining 50 percent.
(b) For all other workforce development education funded through the Workforce Development Education Fund, state funding shall equal 75 percent of the average cost of instruction with the remaining 25 percent made up from student fees. Fees for courses within a program shall not vary according to the cost of the individual program, but instead shall be based on a uniform fee calculated and set at the state level, as adopted by the State Board of Education, unless otherwise specified in the General Appropriations Act.
(c) For fee-exempt students pursuant to s. 239.117, unless otherwise provided for in law, state funding shall equal 100 percent of the average cost of instruction.
(7)(a) Beginning in fiscal year 1999-2000, a school district or a community college that provides workforce development education funded through the Workforce Development Education Fund shall receive funds in accordance with distributions for base and performance funding established by the Legislature in the General Appropriations Act, pursuant to the following conditions:
1. Base funding shall not exceed 85 percent of the current fiscal year total Workforce Development Education Fund allocation, which shall be distributed by the Legislature in the General Appropriations Act based on a maximum of 85 percent of the institution's prior year total allocation from base and performance funds.
2. Performance funding shall be at least 15 percent of the current fiscal year total Workforce Development Education Fund allocation, which shall be distributed by the Legislature in the General Appropriations Act based on the previous fiscal year's achievement of output and outcomes in accordance with formulas adopted pursuant to subsection (9). Performance funding must incorporate payments for at least three levels of placements that reflect wages and workforce demand. Payments for completions must not exceed 60 percent of the payments for placement. For fiscal year 1999-2000, school districts and community colleges shall be awarded funds pursuant to this paragraph based on performance output data generated for fiscal year 1998-1999 and performance outcome data available in that year.
3. If a local educational agency achieves a level of performance sufficient to generate a full allocation as authorized by the workforce development funding formula, the agency may earn performance incentive funds as appropriated for that purpose in a General Appropriations Act. If performance incentive funds are funded and awarded, these funds must be added to the local educational agency's prior year total allocation from the Workforce Development Education Fund and shall be used to calculate the following year's base funding.
(b) A program is established to assist school districts and community colleges in responding to the needs of new and expanding businesses and thereby strengthening the state's workforce and economy. The program may be funded in the General Appropriations Act. A school district or community college may expend funds under the program without regard to performance criteria set forth in subparagraph (a)2. The district or community college shall use the program to provide customized training for businesses which satisfies the requirements of s. 288.047. Business firms whose employees receive the customized training must provide 50 percent of the cost of the training. Balances remaining in the program at the end of the fiscal year shall not revert to the general fund, but shall be carried over for 1 additional year and used for the purpose of serving incumbent worker training needs of area businesses with fewer than 100 employees. Priority shall be given to businesses that must increase or upgrade their use of technology to remain competitive.
(8) A school district or community college that earns performance funding must use the money to benefit the postsecondary vocational and adult education programs it provides. The money may be used for equipment upgrades, program expansions, or any other use that would result in workforce development program improvement. The school board or community college board of trustees may not withhold any portion of the performance funding for indirect costs. Notwithstanding s. 216.351, funds awarded pursuant to this section may be carried across fiscal years and shall not revert to any other fund maintained by the school board or community college board of trustees.
(9) The Department of Education, the State Board of Community Colleges, and Workforce Florida, Inc., shall provide the Legislature with recommended formulas, criteria, timeframes, and mechanisms for distributing performance funds. The commissioner shall consolidate the recommendations and develop a consensus proposal for funding. The Legislature shall adopt a formula and distribute the performance funds to the Division of Community Colleges and the Division of Workforce Development through the General Appropriations Act. These recommendations shall be based on formulas that would discourage low-performing or low-demand programs and encourage through performance-funding awards:
(a) Programs that prepare people to enter high-wage occupations identified by the Workforce Estimating Conference created by s. 216.136 and other programs as approved by Workforce Florida, Inc. At a minimum, performance incentives shall be calculated for adults who reach completion points or complete programs that lead to specified high-wage employment and to their placement in that employment.
(b) Programs that successfully prepare adults who are eligible for public assistance, economically disadvantaged, disabled, not proficient in English, or dislocated workers for high-wage occupations. At a minimum, performance incentives shall be calculated at an enhanced value for the completion of adults identified in this paragraph and job placement of such adults upon completion. In addition, adjustments may be made in payments for job placements for areas of high unemployment.
(c) Programs that are specifically designed to be consistent with the workforce needs of private enterprise and regional economic development strategies, as defined in guidelines set by Workforce Florida, Inc. Workforce Florida, Inc., shall develop guidelines to identify such needs and strategies based on localized research of private employers and economic development practitioners.
(d) Programs identified by Workforce Florida, Inc., as increasing the effectiveness and cost efficiency of education.
(10) A high school student dually enrolled under s. 240.116 in a workforce development program funded through the Workforce Development Education Fund and operated by a community college or school district technical center generates the amount calculated by the Workforce Development Education Fund, including any payment of performance funding, and the proportional share of full-time equivalent enrollment generated through the Florida Education Finance Program for the student's enrollment in a high school. If a high school student is dually enrolled in a community college program, including a program conducted at a high school, the community college earns the funds generated through the Workforce Development Education Fund and the school district earns the proportional share of full-time equivalent funding from the Florida Education Finance Program. If a student is dually enrolled in a technical center operated by the same district as the district in which the student attends high school, that district earns the funds generated through the Workforce Development Education Fund and also earns the proportional share of full-time equivalent funding from the Florida Education Finance Program. If a student is dually enrolled in a workforce development program provided by a technical center operated by a different school district, the funds must be divided between the two school districts proportionally from the two funding sources. A student may not be reported for funding in a dual enrollment workforce development program unless the student has completed the basic skills assessment pursuant to s. 239.213.
(11) The Department of Education may adopt rules to administer this section.
(12) The Auditor General shall annually audit the Workforce Development Education Fund. The Office of Program Policy Analysis and Government Accountability shall review the workforce development program and provide a report to the Legislature by December 31, 2000, and thereafter at the direction of the Joint Legislative Auditing Committee. Such audits and reviews shall be based on source data at the community colleges and school districts.
History.--s. 18, ch. 97-307; s. 8, ch. 98-58; s. 65, ch. 2000-165; s. 3(7), ch. 2000-321.
1Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.