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Senate Bill 1258

Senate Bill sb1258c1

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    Florida Senate - 2004                           CS for SB 1258

    By the Committee on Appropriations; and Senator Carlton





    309-2156-04

  1                      A bill to be entitled

  2         An act relating to workforce development

  3         education programs; amending s. 1011.80, F.S.;

  4         redesignating adult technical education

  5         programs as workforce development education

  6         programs; providing requirements for funding;

  7         amending s. 1011.83, F.S.; conforming a

  8         cross-reference; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 1011.80, Florida Statutes, is

13  amended to read:

14         1011.80  Funds for operation of workforce development

15  adult technical education programs.--

16         (1)  As used in this section, the terms "workforce

17  development education" and "workforce development program"

18  include:

19         (a)  Adult general education programs designed to

20  improve the employability skills of the state's workforce as

21  defined in s. 1004.02(3) s. 1004.02(5).

22         (b)  Career and technical certificate programs, as

23  defined in s. 1004.02(21) s. 1004.02(23).

24         (c)  Applied technology diploma programs.

25         (d)  Continuing workforce education courses.

26         (e)  Degree technical education programs.

27         (f)  Apprenticeship and preapprenticeship programs as

28  defined in s. 446.021.

29         (2)  Any workforce development education program may be

30  conducted by a community college or a school district, except

31  that college credit in an associate in applied science or an

                                  1

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1  associate in science degree may be awarded only by a community

 2  college. However, if an associate in applied science or an

 3  associate in science degree program contains within it an

 4  occupational completion point that confers a certificate or an

 5  applied technology diploma, that portion of the program may be

 6  conducted by a school district technical center. Any

 7  instruction designed to articulate to a degree program is

 8  subject to guidelines and standards adopted by the State Board

 9  of Education pursuant to s. 1007.25.

10         (3)  If a program for disabled adults pursuant to s.

11  1004.93 is a workforce development program as defined in law,

12  it must be funded as provided in this section.

13         (4)  The Florida Workforce Development Education Fund

14  is created to provide performance-based funding for all

15  workforce development programs, whether the programs are

16  offered by a school district or a community college. Funding

17  for all workforce development education programs must be from

18  the Workforce Development Education Fund and must be based on

19  cost categories, performance output measures, and performance

20  outcome measures.

21         (a)  The cost categories must be calculated to identify

22  high-cost programs, medium-cost programs, and low-cost

23  programs. The cost analysis used to calculate and assign a

24  program of study to a cost category must include at least both

25  direct and indirect instructional costs, consumable supplies,

26  equipment, and standard program length.

27         (b)1.  The performance output measure for career and

28  technical education programs of study is student completion of

29  a career and technical program of study that leads to an

30  occupational completion point associated with a certificate;

31  an apprenticeship program; or a program that leads to an

                                  2

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1  applied technology diploma or an associate in applied science

 2  or associate in science degree. Performance output measures

 3  for registered apprenticeship programs shall be based on

 4  program lengths that coincide with lengths established

 5  pursuant to the requirements of chapter 446.

 6         2.  The performance output measure for an adult general

 7  education course of study is measurable improvement in student

 8  skills. This measure shall include improvement in literacy

 9  skills, grade level improvement as measured by an approved

10  test, or attainment of a State of Florida diploma or an adult

11  high school diploma.

12         (c)  The performance outcome measures for workforce

13  development education programs funded through the Workforce

14  Development Education Fund are associated with placement and

15  retention of students after reaching a completion point or

16  completing a program of study. These measures include

17  placement or retention in employment that is related to the

18  program of study; placement into or retention in employment in

19  an occupation on the Workforce Estimating Conference list of

20  high-wage, high-skill occupations with sufficient openings, or

21  other High Wage/High Skill Program occupations as determined

22  by Workforce Florida, Inc.; and placement and retention of

23  participants or former participants in the welfare transition

24  program in employment. Continuing postsecondary education at a

25  level that will further enhance employment is a performance

26  outcome for adult general education programs. Placement and

27  retention must be reported pursuant to ss. 1008.39 and

28  1008.43.

29         (5)  State funding and student fees for workforce

30  development instruction funded through the Workforce

31  Development Education Fund shall be established as follows:

                                  3

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1         (a)  For a continuing workforce education course, state

 2  funding shall equal 50 percent of the cost of instruction,

 3  with student fees, business support, quick-response training

 4  funds, or other means making up the remaining 50 percent.

 5         (b)  For all other workforce development education

 6  programs funded through the Workforce Development Education

 7  Fund, state funding shall equal 75 percent of the average cost

 8  of instruction with the remaining 25 percent made up from

 9  student fees. Fees for courses within a program shall not vary

10  according to the cost of the individual program, but instead

11  shall be based on a uniform fee calculated and set at the

12  state level, as adopted by the State Board of Education,

13  unless otherwise specified in the General Appropriations Act.

14         (c)  For fee-exempt students pursuant to s. 1009.25,

15  unless otherwise provided for in law, state funding shall

16  equal 100 percent of the average cost of instruction.

17         (6)(a)  A school district or a community college that

18  provides workforce development education programs funded

19  through the Workforce Development Education Fund shall receive

20  funds in accordance with distributions for base and

21  performance funding established by the Legislature in the

22  General Appropriations Act. If the General Appropriations Act

23  does not provide for the distribution of funds, the following

24  methodology shall apply, pursuant to the following conditions:

25         1.  Base funding shall be allocated based on weighted

26  enrollment and shall not exceed 90 85 percent of the current

27  fiscal year total Workforce Development Education Fund

28  allocation, which shall be distributed by the Legislature in

29  the General Appropriations Act based on a maximum of 85

30  percent of the institution's prior year total allocation from

31  base and performance funds. The Department of Education shall

                                  4

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1  develop a funding process for school district workforce

 2  development education programs which is comparable with

 3  community college workforce programs.

 4         2.  Performance funding shall be at least 10 15 percent

 5  of the current fiscal year total Workforce Development

 6  Education Fund allocation, which shall be distributed by the

 7  Legislature in the General Appropriations Act based on the

 8  previous fiscal year's achievement of output and outcomes in

 9  accordance with formulas adopted pursuant to subsection (9).

10  Performance funding must incorporate payments for at least

11  three levels of placements that reflect wages and workforce

12  demand. Payments for completions must not exceed 60 percent of

13  the payments for placement. School districts and community

14  colleges shall be awarded funds pursuant to this paragraph

15  based on performance output data and performance outcome data

16  available in that year.

17         3.  If a local educational agency achieves a level of

18  performance sufficient to generate a full allocation as

19  authorized by the workforce development funding formula, the

20  agency may earn performance incentive funds as appropriated

21  for that purpose in a General Appropriations Act. If

22  performance incentive funds are funded and awarded, these

23  funds must be added to the local educational agency's prior

24  year total allocation from the Workforce Development Education

25  Fund and shall be used to calculate the following year's base

26  funding.

27         (b)  A program is established to assist school

28  districts and community colleges in responding to the needs of

29  new and expanding businesses and thereby strengthening the

30  state's workforce and economy. The program may be funded in

31  the General Appropriations Act. A school district or community

                                  5

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1  college may expend funds under the program without regard to

 2  performance criteria set forth in subparagraph (a)2. The

 3  district or community college shall use the program to provide

 4  customized training for businesses which satisfies the

 5  requirements of s. 288.047. Business firms whose employees

 6  receive the customized training must provide 50 percent of the

 7  cost of the training. Balances remaining in the program at the

 8  end of the fiscal year shall not revert to the general fund,

 9  but shall be carried over for 1 additional year and used for

10  the purpose of serving incumbent worker training needs of area

11  businesses with fewer than 100 employees. Priority shall be

12  given to businesses that must increase or upgrade their use of

13  technology to remain competitive.

14         (7)  A school district or community college that

15  receives workforce development education funds earns

16  performance funding must use the money to benefit the

17  postsecondary adult and technical education programs it

18  provides. The money may be used for equipment upgrades,

19  program expansions, or any other use that would result in

20  workforce development program improvement. The district school

21  board or community college board of trustees may not withhold

22  any portion of the performance funding for indirect costs.

23  Notwithstanding s. 216.351, funds awarded pursuant to this

24  section may be carried across fiscal years and shall not

25  revert to any other fund maintained by the district school

26  board or community college board of trustees.

27         (8)  The State Board of Education and Workforce

28  Florida, Inc., shall provide the Legislature with recommended

29  formulas, criteria, timeframes, and mechanisms for

30  distributing performance funds. The commissioner shall

31  consolidate the recommendations and develop a consensus

                                  6

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1  proposal for funding. The Legislature shall adopt a formula

 2  and distribute the performance funds to the State Board of

 3  Education for community colleges and school districts through

 4  the General Appropriations Act. These recommendations shall be

 5  based on formulas that would discourage low-performing or

 6  low-demand programs and encourage through performance-funding

 7  awards:

 8         (a)  Programs that prepare people to enter high-wage

 9  occupations identified by the Workforce Estimating Conference

10  created by s. 216.136 and other programs as approved by

11  Workforce Florida, Inc. At a minimum, performance incentives

12  shall be calculated for adults who reach completion points or

13  complete programs that lead to specified high-wage employment

14  and to their placement in that employment.

15         (b)  Programs that successfully prepare adults who are

16  eligible for public assistance, economically disadvantaged,

17  disabled, not proficient in English, or dislocated workers for

18  high-wage occupations.  At a minimum, performance incentives

19  shall be calculated at an enhanced value for the completion of

20  adults identified in this paragraph and job placement of such

21  adults upon completion. In addition, adjustments may be made

22  in payments for job placements for areas of high unemployment.

23         (c)  Programs that are specifically designed to be

24  consistent with the workforce needs of private enterprise and

25  regional economic development strategies, as defined in

26  guidelines set by Workforce Florida, Inc. Workforce Florida,

27  Inc., shall develop guidelines to identify such needs and

28  strategies based on localized research of private employers

29  and economic development practitioners.

30         (d)  Programs identified by Workforce Florida, Inc., as

31  increasing the effectiveness and cost efficiency of education.

                                  7

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1         (9)  School districts shall report full-time equivalent

 2  students by discipline category for the programs specified in

 3  subsection (1). There shall be an annual cost analysis for the

 4  school district workforce development education programs which

 5  reports cost by discipline category consistent with the

 6  reporting for full-time equivalent students. The annual

 7  financial reports submitted by the school districts must

 8  accurately report on the student fee revenues by fee type

 9  according to the programs specified in subsection (1). The

10  Department of Education shall develop a plan for comparable

11  reporting of program, student, facilities, personnel, and

12  financial data between the community colleges and the school

13  district workforce development education programs.

14         (10)(9)  A high school student dually enrolled under s.

15  1007.271 in a workforce development program funded through the

16  Workforce Development Education Fund and operated by a

17  community college or school district technical center

18  generates the amount calculated for workforce development

19  funding by the Workforce Development Education Fund, including

20  any payment of performance funding, and the proportional share

21  of full-time equivalent enrollment generated through the

22  Florida Education Finance Program for the student's enrollment

23  in a high school. If a high school student is dually enrolled

24  in a community college program, including a program conducted

25  at a high school, the community college earns the funds

26  generated for workforce development education funding, through

27  the Workforce Development Education Fund and the school

28  district earns the proportional share of full-time equivalent

29  funding from the Florida Education Finance Program. If a

30  student is dually enrolled in a technical center operated by

31  the same district as the district in which the student attends

                                  8

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1  high school, that district earns the funds generated for

 2  workforce development education funding through the Workforce

 3  Development Education Fund and also earns the proportional

 4  share of full-time equivalent funding from the Florida

 5  Education Finance Program. If a student is dually enrolled in

 6  a workforce development program provided by a technical center

 7  operated by a different school district, the funds must be

 8  divided between the two school districts proportionally from

 9  the two funding sources. A student may not be reported for

10  funding in a dual enrollment workforce development program

11  unless the student has completed the basic skills assessment

12  pursuant to s. 1004.91.

13         (10)  The State Board of Education may adopt rules to

14  administer this section.

15         Section 2.  Section 1011.83, Florida Statutes, is

16  amended to read:

17         1011.83  Financial support of community colleges.--Each

18  community college that has been approved by the Department of

19  Education and meets the requirements of law and rules of the

20  State Board of Education shall participate in the Community

21  College Program Fund. However, funds to support workforce

22  development programs conducted by community colleges shall be

23  provided by the Workforce Development Education Fund pursuant

24  to s. 1011.80.

25         Section 3.  This act shall take effect July 1, 2004.

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                                  9

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    Florida Senate - 2004                           CS for SB 1258
    309-2156-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       Senate Bill SB 1258

 3                                 

 4  The Committee Substitute revises the method of funding for
    workforce education programs.  Reference to the Florida
 5  Workforce Development Fund is deleted.  If the distribution of
    workforce education funds is not provided in the General
 6  Appropriations Act the amount of the appropriation shall be
    allocated as follows:  a maximum of 90 percent based on
 7  enrollment and at least 10 percent based on performance.  The
    Department of Education is required to develop a funding
 8  process for school district workforce development education
    programs that is comparable to the funding of community
 9  college workforce programs. The Committee Substitute also
    requires the Department of Education to develop a plan for
10  reporting workforce development data that is compatible
    between community colleges and school districts and includes:
11  program, student, facility, personnel, cost and financial
    data.
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