August 12, 2020
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Bill Text: HB 0769
HB 0769 2004
1 A bill to be entitled
2          An act relating to career and technical education;
3    providing legislative intent; requiring career and
4    technical education programs within a comprehensive high
5    school program of study to be industry certified;
6    requiring State Board of Education rules for the
7    certification process; providing full-time equivalent
8    student funding for student enrollment; requiring
9    articulation with postsecondary programs; providing
10    academic requirements for students enrolled in career and
11    technical education programs; providing for a career and
12    technical education endorsement on a high school diploma
13    and incentive funding to school districts for students
14    receiving the endorsement; providing professional
15    development programs for guidance counselors and career
16    specialists; amending s. 1002.34, F.S.; allowing charter
17    technical career center sponsors to submit full-time
18    enrollment membership data as defined in the charter
19    agreement; deleting requirements relating to number of
20    days of instruction; amending s. 1003.491, F.S.; providing
21    certain responsibilities for district school boards and
22    superintendents relating to career and technical
23    education; amending s. 1011.62, F.S., relating to the
24    Florida Education Finance Program; providing for funding
25    of career and technical education programs; revising a
26    program group; providing incentive funding for attainment
27    of high school career and technical education endorsements
28    as a categorical program; amending s. 1012.01, F.S.;
29    revising a personnel classification title; requiring a
30    study by the Office of Program Policy Analysis and
31    Government Accountability; providing effective dates.
33          Be It Enacted by the Legislature of the State of Florida:
35          Section 1. (1) The Legislature intends to ensure that all
36    high schools provide supportive services to students and their
37    parents to determine the comprehensive program of study that
38    will best meet the needs and goals of each student. At a
39    minimum, these services must include access to a guidance
40    counselor and assistance in developing an educational and career
41    plan. Each high school shall provide a variety of comprehensive,
42    relevant programs of study that will meet the needs of all
43    students and enable each student to pursue his or her individual
44    educational and career goals.
45          (2) Key components of this process are:
46          (a) A variety of programs of study that are based on
47    individual educational and career goals.
48          (b) Parental involvement in the identification of the
49    appropriate program of study.
50          (c) Assurance that all programs of study are designed to
51    provide a seamless transition to appropriate postsecondary
52    education and employment.
53          Section 2. (1) A career and technical education program
54    within a comprehensive high school program of study must be
55    certified by the appropriate industry to ensure that all
56    components of the program are relevant and appropriate to
57    prepare the student for further education and employment in that
58    industry.
59          (2) Effective July 1, 2009, each career and technical
60    education program that prepares students for postsecondary
61    education and employment and is offered as part of a
62    comprehensive program of study in a high school must be industry
63    certified, except for courses classified as exploratory,
64    orientation, or practical arts. A student enrolled in a course
65    within a career and technical education program that is not
66    industry certified may not be reported for full-time equivalent
67    student funding through the Florida Education Finance Program
68    unless the course is classified as exploratory, orientation, or
69    practical arts. The Department of Education shall ensure that
70    each program is certified by July 1, 2009, and recertified at
71    least every 5 years thereafter. The State Board of Education
72    shall adopt rules pursuant to ss. 120.536(1) and 120.54, Florida
73    Statutes, for implementing the certification process, which
74    rules must establish any necessary procedures for obtaining
75    appropriate business partners and requirements for business and
76    industry involvement in curriculum oversight and equipment
77    procurement.
78          (3) Subject to appropriation, it shall be the objective of
79    this section to have each full-time equivalent student in an
80    industry-certified career and technical education program
81    generate a cost factor as a fraction or a multiple of that
82    provided students enrolled in the basic program for grades 9-12,
83    as determined by the study provided in section 9 of this act.
84          (4) Effective July 1, 2009, each career and technical
85    education program offered by a high school and able to be
86    articulated to a postsecondary level must have an articulation
87    agreement with one or more appropriate postsecondary educational
88    institutions to ensure a seamless transition to a related
89    postsecondary program without a loss of credit for the student.
90    Students enrolled in a program that is not articulated to a
91    postsecondary program may not be reported for full-time
92    equivalent student funding through the Florida Education Finance
93    Program unless the course is classified as exploratory,
94    orientation, or practical arts or terminates at the high school
95    level.
96          Section 3. (1) A comprehensive program of study in career
97    and technical education must be designed to ensure that upon
98    completion of the program of study and graduation from high
99    school, a student is prepared to continue his or her education
100    at a postsecondary educational institution and obtain
101    employment. Therefore, a comprehensive career and technical
102    education program of study must require of each student:
103          (a) Completion of academic courses with a designation from
104    the Department of Education of level two or above. All credits
105    earned to meet graduation requirements in mathematics, science,
106    and communication must have that designation.
107          (b) Attainment of at least one occupational completion
108    point in an industry-certified career and technical education
109    program or completion of at least two courses in a technology
110    education program.
111          (c) Completion of a one-credit core course addressing
112    workplace readiness skills. The State Board of Education shall
113    define by rule the content of the course and shall ensure that
114    the course meets graduation requirements for performing fine
115    arts or practical arts. The course requirement may be satisfied
116    by infusing course content into an existing select career and
117    technical education course.
118          (d) Participation in work-based learning experiences, as
119    defined by rule by the State Board of Education.
120          (e) Participation in a capstone activity that includes a
121    project related to a career. This activity is designed to apply
122    and demonstrate the competencies and concepts attained in the
123    student's program of study. The State Board of Education may
124    specify by rule characteristics of capstone activities that meet
125    the intent of this paragraph.
126          (2) A student who fulfills the following requirements may
127    be recognized with a career and technical education endorsement
128    on his or her high school diploma:
129          (a) Completion of the requirements for high school
130    graduation as provided in s. 1003.429 or s. 1003.43, Florida
131    Statutes, and the additional requirements for a comprehensive
132    career and technical education program of study provided in
133    subsection (1).
134          (b) Passing of the college entry-level placement test or
135    an equivalent test identified by the Department of Education
136    with a score adequate to enroll in a public postsecondary
137    educational program without the need for college preparatory or
138    vocational preparatory instruction.
139          (3) The career and technical education endorsement
140    indicates that the student is prepared to continue into
141    postsecondary education without the need for remediation and
142    that the student has marketable employment skills. The State
143    Board of Education may adopt by rule a standard format for the
144    endorsement.
145          (4) For each student who receives the career and technical
146    education endorsement on his or her high school diploma, the
147    school district may receive incentive funding as provided in s.
148    1011.62, Florida Statutes, and the annual General Appropriations
149    Act.
150          (5) A school district that generates funds as a result of
151    industry-certified programs or incentive funding for student
152    achievement of the career and technical education endorsement on
153    the high school diploma must expend the total amount on the
154    comprehensive career and technical education program of study.
155    The school district may not apply indirect charges to incentive
156    funds earned.
157          Section 4. The Legislature finds that to adequately assist
158    students in advanced technical and academic career planning,
159    high school guidance counselors and career specialists require
160    preservice and inservice professional development programs that
161    contain sufficient information on career education.
162          (1) Each guidance counselor and career specialist in a
163    school with an industry-certified career and technical education
164    program shall complete 12 hours of inservice training in career
165    and technical education for every 5-year period. The inservice
166    training shall include:
167          (a) An emphasis on labor market trends and projections.
168          (b) A practicum that focuses on development of a career
169    awareness program.
170          (c) Content related to a career or employment within a
171    guidance counselor's work experience.
172          (2) The Department of Education shall assist guidance
173    counselors and career specialists in attaining the additional
174    inservice training required. The State Board of Education shall
175    revise rules governing the certification and recertification of
176    guidance counselors to allow substitution of personal work-based
177    experiences and temporary employment opportunities in business
178    and industry for the required classroom instruction.
179          (3) The Legislature encourages colleges of education to
180    provide for additional coursework required pursuant to this
181    section without increasing the total number of credit hours
182    needed to complete a program. Instead, the colleges are
183    encouraged to infuse course content into courses required for
184    introduction, theory, and practicum.
185          Section 5. Subsection (11) of section 1002.34, Florida
186    Statutes, is amended to read:
187          1002.34 Charter technical career centers.--
188          (11) FUNDING.--
189          (a) Notwithstanding any other provision of law, a charter
190    technical career center's student membership enrollment must be
191    calculated pursuant to this section.
192          (b)(a)Each district school board and community college
193    that sponsors a charter technical career center shall pay
194    directly to the center an amount stated in the charter. State
195    funding shall be generated for the center for its student
196    enrollment and program outcomes as provided in law. A center is
197    eligible for funding from the Florida Workforce Development
198    Education Fund, the Florida Education Finance Program, and the
199    Community College Program Fund, depending upon the programs
200    conducted by the center.
201          (c)(b)A center may receive other state and federal aid,
202    grants, and revenue through the district school board or
203    community college board of trustees.
204          (d)(c)A center may receive gifts and grants from private
205    sources.
206          (e)(d)A center may not levy taxes or issue bonds, but it
207    may charge a student tuition fee consistent with authority
208    granted in its charter and permitted by law.
209          (f)(e)A center shall provide for an annual financial
210    audit in accordance with s. 218.39.
211          (g) A center must define in the charter agreement the
212    delivery system in which the instructional offering of
213    educational services will be placed. The rules governing this
214    provider educational delivery system must be applied to all of
215    the center's students and must authorize all other sponsoring
216    educational systems to report required enrollment and student
217    data as necessary, relying solely on the documentation required
218    of the instructional provider sponsor. The educational system
219    sponsors may submit their comparable data based solely on the
220    rules of the offering institution, and each sponsor shall earn
221    full-time equivalent membership for each student for funding and
222    reporting purposes.
223          (f) A center must provide instruction for at least the
224    number of days required by law for other public schools or
225    community colleges, as appropriate, and may provide instruction
226    for additional days.
227          Section 6. Subsection (1) of section 1003.491, Florida
228    Statutes, is amended to read:
229          1003.491 Career and technical education.--
230          (1) Each district school board and superintendent shall
231    direct the smooth transition of high school career and technical
232    education programs to industry-certified programs of study
233    included in a comprehensive course of study. Each district
234    school board and superintendent shall also direct the
235    implementation of all components required to obtain the career
236    and technical education endorsement on the high school diploma
237    if the school district chooses to offer the endorsement.School
238    board, superintendent, and school accountability for career and
239    technical education within elementary and secondary schools
240    includes, but is not limited to:
241          (a) Student exposure to a variety of careers and provision
242    of instruction to explore specific careers in greater depth.
243          (b) Student awareness of available career and technical
244    programs and the corresponding occupations into which such
245    programs lead.
246          (c) Student development of individual career plans.
247          (d) Integration of academic and career and technical
248    skills in the secondary curriculum.
249          (e) Student preparation to enter the workforce and enroll
250    in postsecondary education without being required to complete
251    college preparatory or vocational preparatory instruction.
252          (f) Student retention in school through high school
253    graduation.
254          (g) Career and technical educationcurriculum articulation
255    with corresponding postsecondary programs in the local area
256    technical center or community college, or both.
257          Section 7. Paragraphs (c) and (d) of subsection (1) of
258    section 1011.62, Florida Statutes, are amended, paragraphs (k)
259    through (r) of said subsection are redesignated as paragraphs
260    (l) through (s), respectively, a new paragraph (k) is added to
261    said subsection, and paragraph (a) of subsection (5) of said
262    section is amended, to read:
263          1011.62 Funds for operation of schools.--If the annual
264    allocation from the Florida Education Finance Program to each
265    district for operation of schools is not determined in the
266    annual appropriations act or the substantive bill implementing
267    the annual appropriations act, it shall be determined as
268    follows:
270    OPERATION.--The following procedure shall be followed in
271    determining the annual allocation to each district for
272    operation:
273          (c) Determination of programs.--Cost factors based on
274    desired relative cost differences between the following programs
275    shall be established in the annual General Appropriations Act.
276    An industry-certified secondary career and technical education
277    program shall generate funding as provided in paragraph (k).
278    Effective July 1, 2009, a full-time equivalent student in a
279    career and technical education program that is not industry
280    certified shall not generate any state funding unless the
281    student is in a course classified as exploratory, orientation,
282    or practical arts and the General Appropriations Act contains a
283    cost factor for such course.The Commissioner of Education shall
284    specify a matrix of services and intensity levels to be used by
285    districts in the determination of the two weighted cost factors
286    for exceptional students with the highest levels of need. For
287    these students, the funding support level shall fund the
288    exceptional students' education program, with the exception of
289    extended school year services for students with disabilities.
290          1. Basic programs.--
291          a. Kindergarten and grades 1, 2, and 3.
292          b. Grades 4, 5, 6, 7, and 8.
293          c. Grades 9, 10, 11, and 12.
294          2. Programs for exceptional students.--
295          a. Support Level IV.
296          b. Support Level V.
297          3. Secondary career and technical education programs that
298    are industry certified.--
299          4. Secondary career and technical education programs that
300    are not industry certified.--
301          5.4.English for Speakers of Other Languages.--
302          (d) Annual allocation calculation.--
303          1. The Department of Education shall is authorized and
304    directed toreview all district programs and enrollment
305    projections and calculate a maximum total weighted full-time
306    equivalent student enrollment for each district for the K-12
307    FEFP.
308          2. Maximum enrollments calculated by the department shall
309    be derived from enrollment estimates used by the Legislature to
310    calculate the FEFP. If two or more districts enter into an
311    agreement under the provisions of s. 1001.42(4)(d), after the
312    final enrollment estimate is agreed upon, the amount of FTE
313    specified in the agreement, not to exceed the estimate for the
314    specific program as identified in paragraph (c), may be
315    transferred from the participating districts to the district
316    providing the program.
317          3. As part of its calculation of each district's maximum
318    total weighted full-time equivalent student enrollment, the
319    department shall establish separate enrollment ceilings for each
320    of two program groups. Group 1 shall be composed of basic
321    programs for grades K-3, grades 4-8, and grades 9-12. Group 2
322    shall be composed of students in exceptional student education
323    programs, English for Speakers of Other Languages programs, and
324    all career and technical programs in grades 6-12 7-12.
325          a. The weighted enrollment ceiling for group 2 programs
326    shall be calculated by multiplying the final enrollment
327    conference estimate for each program by the appropriate program
328    weight. The weighted enrollment ceiling for program group 2
329    shall be the sum of the weighted enrollment ceilings for each
330    program in the program group, plus the increase in weighted
331    full-time equivalent student membership from the prior year for
332    clients of the Department of Children and Family Services and
333    the Department of Juvenile Justice.
334          b. If, for any calculation of the FEFP, the weighted
335    enrollment for program group 2, derived by multiplying actual
336    enrollments by appropriate program weights, exceeds the
337    enrollment ceiling for that group, the following procedure shall
338    be followed to reduce the weighted enrollment for that group to
339    equal the enrollment ceiling:
340          (I) The weighted enrollment ceiling for each program in
341    the program group shall be subtracted from the weighted
342    enrollment for that program derived from actual enrollments.
343          (II) If the difference calculated under sub-sub-
344    subparagraph (I) is greater than zero for any program, a
345    reduction proportion shall be computed for the program by
346    dividing the absolute value of the difference by the total
347    amount by which the weighted enrollment for the program group
348    exceeds the weighted enrollment ceiling for the program group.
349          (III) The reduction proportion calculated under sub-sub-
350    subparagraph (II) shall be multiplied by the total amount of the
351    program group's enrollment over the ceiling as calculated under
352    sub-sub-subparagraph (I).
353          (IV) The prorated reduction amount calculated under sub-
354    sub-subparagraph(III) shall be subtracted from the program's
355    weighted enrollment. For any calculation of the FEFP, the
356    enrollment ceiling for group 1 shall be calculated by
357    multiplying the actual enrollment for each program in the
358    program group by its appropriate program weight.
359          c. For program group 2, the weighted enrollment ceiling
360    shall be a number not less than the sum obtained by:
361          (I) Multiplying the sum of reported FTE for all programs
362    in the program group that have a cost factor of 1.0 or more by
363    1.0, and
364          (II) By adding this number to the sum obtained by
365    multiplying the projected FTE for all programs with a cost
366    factor less than 1.0 by the actual cost factor.
367          4. Following completion of the weighted enrollment ceiling
368    calculation as provided in subparagraph 3., a supplemental
369    capping calculation shall be employed for those districts that
370    are over their weighted enrollment ceiling. For each such
371    district, the total reported unweighted FTE enrollment for group
372    2 programs shall be compared with the total appropriated
373    unweighted FTE enrollment for group 2 programs. If the total
374    reported unweighted FTE for group 2 is greater than the
375    appropriated unweighted FTE, then the excess unweighted FTE up
376    to the unweighted FTE transferred from group 2 to group 1 for
377    each district by the Public School FTE Estimating Conference
378    shall be funded at a weight of 1.0 and added to the funded
379    weighted FTE computed in subparagraph 3.
380          (k) Calculation of full-time equivalent membership for an
381    industry-certified career and technical education
382    program.--Subject to appropriation, it shall be the objective of
383    this paragraph to have each full-time equivalent student in an
384    industry-certified career and technical education program
385    generate a cost factor as a fraction or a multiple of that
386    provided students enrolled in the basic program for grades 9-12,
387    as determined by the study provided in section 9 of this act. A
388    student who earns the career and technical education endorsement
389    on the high school diploma indicating that he or she has
390    completed the additional requirements for a comprehensive career
391    and technical education program of study may generate additional
392    incentive funding for the program, as provided in subsection
393    (5). During the transition from the 2004-2005 school year until
394    July 1, 2009, all career and technical education programs not
395    industry certified or articulated to postsecondary educational
396    institutions shall continue to earn weighted funding as
397    determined in the General Appropriations Act.
398          (5) CATEGORICAL FUNDS.--
399          (a) In addition to the basic amount for current operations
400    for the FEFP as determined in subsection (1), the Legislature
401    may appropriate categorical funding for specified programs,
402    activities, or purposes. Categorical funding may include
403    incentive funding for attainment of the career and technical
404    education endorsement on the high school diploma.
405          Section 8. Paragraph (b) of subsection (2) of section
406    1012.01, Florida Statutes, is amended to read:
407          1012.01 Definitions.--Specific definitions shall be as
408    follows, and wherever such defined words or terms are used in
409    the Florida K-20 Education Code, they shall be used as follows:
410          (2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
411    means any staff member whose function includes the provision of
412    direct instructional services to students. Instructional
413    personnel also includes personnel whose functions provide direct
414    support in the learning process of students. Included in the
415    classification of instructional personnel are:
416          (b) Student personnel services.--Student personnel
417    services include staff members responsible for: advising
418    students with regard to their abilities and aptitudes,
419    educational and occupational opportunities, and personal and
420    social adjustments; providing placement services; performing
421    educational evaluations; and similar functions. Included in this
422    classification are guidance counselors, social workers, career
423    occupational/placementspecialists, and school psychologists.
424          Section 9. The Office of Program Policy Analysis and
425    Government Accountability shall conduct a study to determine if
426    career and technical education programs should have
427    differentiated funding weights, which study shall be completed
428    by January 1, 2005.
429          Section 10. Except as otherwise provided in this act, this
430    act shall take effect July 1, 2004.
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