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Senate Bill 1452

Senate Bill sb1452

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1452

    By Senator Bennett





    21-1137-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to career and technical

  3         education; providing legislative intent;

  4         requiring career and technical education

  5         programs within a comprehensive high school

  6         program of study to be industry certified;

  7         requiring State Board of Education rules for

  8         the certification process; providing full-time

  9         equivalent student funding for student

10         enrollment; requiring articulation with

11         postsecondary programs; providing academic

12         requirements for students enrolled in career

13         and technical education programs; providing for

14         a career and technical education endorsement on

15         a high school diploma and incentive funding to

16         school districts for students receiving the

17         endorsement; providing professional development

18         programs for guidance counselors and career

19         specialists; amending s. 1002.34, F.S.;

20         allowing charter technical career center

21         sponsors to submit full-time enrollment

22         membership data as defined in the charter

23         agreement; deleting requirements relating to

24         number of days of instruction; amending s.

25         1003.491, F.S.; providing certain

26         responsibilities for district school boards and

27         superintendents relating to career and

28         technical education; amending s. 1011.62, F.S.,

29         relating to the Florida Education Finance

30         Program; providing for funding of career and

31         technical education programs; revising a

                                  1

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1         program group; providing incentive funding for

 2         attainment of high school career and technical

 3         education endorsements as a categorical

 4         program; amending s. 1012.01, F.S.; revising a

 5         personnel classification title; requiring a

 6         study by the Office of Program Policy Analysis

 7         and Government Accountability; providing

 8         effective dates.

 9  

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

11  

12         Section 1.  (1)  The Legislature intends to ensure that

13  all high schools provide supportive services to students and

14  their parents to determine the comprehensive program of study

15  that will best meet the needs and goals of each student. At a

16  minimum, these services must include access to a guidance

17  counselor and assistance in developing an educational and

18  career plan. Each high school shall provide a variety of

19  comprehensive, relevant programs of study that will meet the

20  needs of all students and enable each student to pursue his or

21  her individual educational and career goals.

22         (2)  Key components of this process are:

23         (a)  A variety of programs of study that are based on

24  individual educational and career goals.

25         (b)  Parental involvement in the identification of the

26  appropriate program of study.

27         (c)  Assurance that all programs of study are designed

28  to provide a seamless transition to appropriate postsecondary

29  education and employment.

30         Section 2.  (1)  A career and technical education

31  program within a comprehensive high school program of study

                                  2

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1  must be certified by the appropriate industry to ensure that

 2  all components of the program are relevant and appropriate to

 3  prepare the student for further education and employment in

 4  that industry.

 5         (2)  Effective July 1, 2009, each career and technical

 6  education program that prepares students for postsecondary

 7  education and employment and is offered as part of a

 8  comprehensive program of study in a high school must be

 9  industry certified, except for courses classified as

10  exploratory, orientation, or practical arts. A student

11  enrolled in a course within a career and technical education

12  program that is not industry certified may not be reported for

13  full-time equivalent student funding through the Florida

14  Education Finance Program unless the course is classified as

15  exploratory, orientation, or practical arts. The Department of

16  Education shall ensure that each program is certified by July

17  1, 2009, and recertified at least every 5 years thereafter.

18  The State Board of Education shall adopt rules pursuant to

19  sections 120.536(1) and 120.54, Florida Statutes, for

20  implementing the certification process, which rules must

21  establish any necessary procedures for obtaining appropriate

22  business partners and requirements for business and industry

23  involvement in curriculum oversight and equipment procurement.

24         (3)  Subject to appropriation, it shall be the

25  objective of this section to have each full-time equivalent

26  student in an industry-certified career and technical

27  education program generate a cost factor as a fraction or a

28  multiple of that provided students enrolled in the basic

29  program for grades 9-12, as determined by the study provided

30  in section 9 of this act.

31  

                                  3

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1         (4)  Effective July 1, 2009, each career and technical

 2  education program offered by a high school and able to be

 3  articulated to a postsecondary level must have an articulation

 4  agreement with one or more appropriate postsecondary

 5  educational institutions to ensure a seamless transition to a

 6  related postsecondary program without a loss of credit for the

 7  student. Students enrolled in a program that is not

 8  articulated to a postsecondary program may not be reported for

 9  full-time equivalent student funding through the Florida

10  Education Finance Program unless the course is classified as

11  exploratory, orientation, or practical arts or terminates at

12  the high school level.

13         Section 3.  (1)  A comprehensive program of study in

14  career and technical education must be designed to ensure that

15  upon completion of the program of study and graduation from

16  high school, a student is prepared to continue his or her

17  education at a postsecondary educational institution and

18  obtain employment. Therefore, a comprehensive career and

19  technical education program of study must require of each

20  student:

21         (a)  Completion of academic courses with a designation

22  from the Department of Education of level two or above. All

23  credits earned to meet graduation requirements in mathematics,

24  science, and communication must have that designation.

25         (b)  Attainment of at least one occupational completion

26  point in an industry-certified career and technical education

27  program or completion of at least two courses in a technology

28  education program.

29         (c)  Completion of a one-credit core course addressing

30  workplace readiness skills. The State Board of Education shall

31  define by rule the content of the course and shall ensure that

                                  4

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1  the course meets graduation requirements for performing fine

 2  arts or practical arts. The course requirement may be

 3  satisfied by infusing course content into an existing select

 4  career and technical education course.

 5         (d)  Participation in work-based learning experiences,

 6  as defined by rule by the State Board of Education.

 7         (e)  Participation in a capstone activity that includes

 8  a project related to a career. This activity is designed to

 9  apply and demonstrate the competencies and concepts attained

10  in the student's program of study. The State Board of

11  Education may specify by rule characteristics of capstone

12  activities that meet the intent of this paragraph.

13         (2)  A student who fulfills the following requirements

14  may be recognized with a career and technical education

15  endorsement on his or her high school diploma:

16         (a)  Completion of the requirements for high school

17  graduation as provided in section 1003.429 or section 1003.43,

18  Florida Statutes, and the additional requirements for a

19  comprehensive career and technical education program of study

20  provided in subsection (1).

21         (b)  Passing of the college entry-level placement test

22  or an equivalent test identified by the Department of

23  Education with a score adequate to enroll in a public

24  postsecondary educational program without the need for college

25  preparatory or vocational preparatory instruction.

26         (3)  The career and technical education endorsement

27  indicates that the student is prepared to continue into

28  postsecondary education without the need for remediation and

29  that the student has marketable employment skills. The State

30  Board of Education may adopt by rule a standard format for the

31  endorsement.

                                  5

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1         (4)  For each student who receives the career and

 2  technical education endorsement on his or her high school

 3  diploma, the school district may receive incentive funding as

 4  provided in section 1011.62, Florida Statutes, and the annual

 5  General Appropriations Act.

 6         (5)  A school district that generates funds as a result

 7  of industry-certified programs or incentive funding for

 8  student achievement of the career and technical education

 9  endorsement on the high school diploma must expend the total

10  amount on the comprehensive career and technical education

11  program of study. The school district may not apply indirect

12  charges to incentive funds earned.

13         Section 4.  The Legislature finds that to adequately

14  assist students in advanced technical and academic career

15  planning, high school guidance counselors and career

16  specialists require preservice and inservice professional

17  development programs that contain sufficient information on

18  career education.

19         (1)  Each guidance counselor and career specialist in a

20  school with an industry-certified career and technical

21  education program shall complete 12 hours of inservice

22  training in career and technical education for every 5-year

23  period. The inservice training shall include:

24         (a)  An emphasis on labor market trends and

25  projections.

26         (b)  A practicum that focuses on development of a

27  career awareness program.

28         (c)  Content related to a career or employment within a

29  guidance counselor's work experience.

30         (2)  The Department of Education shall assist guidance

31  counselors and career specialists in attaining the additional

                                  6

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1  inservice training required. The State Board of Education

 2  shall revise rules governing the certification and

 3  recertification of guidance counselors to allow substitution

 4  of personal work-based experiences and temporary employment

 5  opportunities in business and industry for the required

 6  classroom instruction.

 7         (3)  The Legislature encourages colleges of education

 8  to provide for additional coursework required pursuant to this

 9  section without increasing the total number of credit hours

10  needed to complete a program. Instead, the colleges are

11  encouraged to infuse course content into courses required for

12  introduction, theory, and practicum.

13         Section 5.  Subsection (11) of section 1002.34, Florida

14  Statutes, is amended to read:

15         1002.34  Charter technical career centers.--

16         (11)  FUNDING.--

17         (a)  Notwithstanding any other provision of law, a

18  charter technical career center's student membership

19  enrollment must be calculated pursuant to this section.

20         (b)(a)  Each district school board and community

21  college that sponsors a charter technical career center shall

22  pay directly to the center an amount stated in the

23  charter.  State funding shall be generated for the center for

24  its student enrollment and program outcomes as provided in

25  law.  A center is eligible for funding from the Florida

26  Workforce Development Education Fund, the Florida Education

27  Finance Program, and the Community College Program Fund,

28  depending upon the programs conducted by the center.

29         (c)(b)  A center may receive other state and federal

30  aid, grants, and revenue through the district school board or

31  community college board of trustees.

                                  7

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1         (d)(c)  A center may receive gifts and grants from

 2  private sources.

 3         (e)(d)  A center may not levy taxes or issue bonds, but

 4  it may charge a student tuition fee consistent with authority

 5  granted in its charter and permitted by law.

 6         (f)(e)  A center shall provide for an annual financial

 7  audit in accordance with s. 218.39.

 8         (g)  A center must define in the charter agreement the

 9  delivery system in which the instructional offering of

10  educational services will be placed. The rules governing this

11  provider educational delivery system must be applied to all of

12  the center's students and must authorize all other sponsoring

13  educational systems to report required enrollment and student

14  data as necessary, relying solely on the documentation

15  required of the instructional provider sponsor. The

16  educational system sponsors may submit their comparable data

17  based solely on the rules of the offering institution, and

18  each sponsor shall earn full-time equivalent membership for

19  each student for funding and reporting purposes.

20         (f)  A center must provide instruction for at least the

21  number of days required by law for other public schools or

22  community colleges, as appropriate, and may provide

23  instruction for additional days.

24         Section 6.  Subsection (1) of section 1003.491, Florida

25  Statutes, is amended to read:

26         1003.491  Career and technical education.--

27         (1)  Each district school board and superintendent

28  shall direct the smooth transition of high school career and

29  technical education programs to industry-certified programs of

30  study included in a comprehensive course of study. Each

31  district school board and superintendent shall also direct the

                                  8

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1  implementation of all components required to obtain the career

 2  and technical education endorsement on the high school diploma

 3  if the school district chooses to offer the endorsement.

 4  School board, superintendent, and school accountability for

 5  career and technical education within elementary and secondary

 6  schools includes, but is not limited to:

 7         (a)  Student exposure to a variety of careers and

 8  provision of instruction to explore specific careers in

 9  greater depth.

10         (b)  Student awareness of available career and

11  technical programs and the corresponding occupations into

12  which such programs lead.

13         (c)  Student development of individual career plans.

14         (d)  Integration of academic and career and technical

15  skills in the secondary curriculum.

16         (e)  Student preparation to enter the workforce and

17  enroll in postsecondary education without being required to

18  complete college preparatory or vocational preparatory

19  instruction.

20         (f)  Student retention in school through high school

21  graduation.

22         (g)  Career and technical education curriculum

23  articulation with corresponding postsecondary programs in the

24  local area technical center or community college, or both.

25         Section 7.  Paragraphs (c) and (d) of subsection (1) of

26  section 1011.62, Florida Statutes, are amended, paragraphs (k)

27  through (r) of that subsection are redesignated as paragraphs

28  (l) through (s), respectively, a new paragraph (k) is added to

29  that subsection, and paragraph (a) of subsection (5) of that

30  section is amended, to read:

31  

                                  9

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1         1011.62  Funds for operation of schools.--If the annual

 2  allocation from the Florida Education Finance Program to each

 3  district for operation of schools is not determined in the

 4  annual appropriations act or the substantive bill implementing

 5  the annual appropriations act, it shall be determined as

 6  follows:

 7         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

 8  OPERATION.--The following procedure shall be followed in

 9  determining the annual allocation to each district for

10  operation:

11         (c)  Determination of programs.--Cost factors based on

12  desired relative cost differences between the following

13  programs shall be established in the annual General

14  Appropriations Act. An industry-certified secondary career and

15  technical education program shall generate funding as provided

16  in paragraph (k). Effective July 1, 2009, a full-time

17  equivalent student in a career and technical education program

18  that is not industry certified shall not generate any state

19  funding unless the student is in a course classified as

20  exploratory, orientation, or practical arts and the General

21  Appropriations Act contains a cost factor for such course. The

22  Commissioner of Education shall specify a matrix of services

23  and intensity levels to be used by districts in the

24  determination of the two weighted cost factors for exceptional

25  students with the highest levels of need. For these students,

26  the funding support level shall fund the exceptional students'

27  education program, with the exception of extended school year

28  services for students with disabilities.

29         1.  Basic programs.--

30         a.  Kindergarten and grades 1, 2, and 3.

31         b.  Grades 4, 5, 6, 7, and 8.

                                  10

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1         c.  Grades 9, 10, 11, and 12.

 2         2.  Programs for exceptional students.--

 3         a.  Support Level IV.

 4         b.  Support Level V.

 5         3.  Secondary career and technical education programs

 6  that are industry certified.--

 7         4.  Secondary career and technical education programs

 8  that are not industry certified.--

 9         5.4.  English for Speakers of Other Languages.--

10         (d)  Annual allocation calculation.--

11         1.  The Department of Education shall is authorized and

12  directed to review all district programs and enrollment

13  projections and calculate a maximum total weighted full-time

14  equivalent student enrollment for each district for the K-12

15  FEFP.

16         2.  Maximum enrollments calculated by the department

17  shall be derived from enrollment estimates used by the

18  Legislature to calculate the FEFP. If two or more districts

19  enter into an agreement under the provisions of s.

20  1001.42(4)(d), after the final enrollment estimate is agreed

21  upon, the amount of FTE specified in the agreement, not to

22  exceed the estimate for the specific program as identified in

23  paragraph (c), may be transferred from the participating

24  districts to the district providing the program.

25         3.  As part of its calculation of each district's

26  maximum total weighted full-time equivalent student

27  enrollment, the department shall establish separate enrollment

28  ceilings for each of two program groups. Group 1 shall be

29  composed of basic programs for grades K-3, grades 4-8, and

30  grades 9-12. Group 2 shall be composed of students in

31  exceptional student education programs, English for Speakers

                                  11

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1  of Other Languages programs, and all career and technical

 2  programs in grades 6-12 7-12.

 3         a.  The weighted enrollment ceiling for group 2

 4  programs shall be calculated by multiplying the final

 5  enrollment conference estimate for each program by the

 6  appropriate program weight. The weighted enrollment ceiling

 7  for program group 2 shall be the sum of the weighted

 8  enrollment ceilings for each program in the program group,

 9  plus the increase in weighted full-time equivalent student

10  membership from the prior year for clients of the Department

11  of Children and Family Services and the Department of Juvenile

12  Justice.

13         b.  If, for any calculation of the FEFP, the weighted

14  enrollment for program group 2, derived by multiplying actual

15  enrollments by appropriate program weights, exceeds the

16  enrollment ceiling for that group, the following procedure

17  shall be followed to reduce the weighted enrollment for that

18  group to equal the enrollment ceiling:

19         (I)  The weighted enrollment ceiling for each program

20  in the program group shall be subtracted from the weighted

21  enrollment for that program derived from actual enrollments.

22         (II)  If the difference calculated under

23  sub-sub-subparagraph (I) is greater than zero for any program,

24  a reduction proportion shall be computed for the program by

25  dividing the absolute value of the difference by the total

26  amount by which the weighted enrollment for the program group

27  exceeds the weighted enrollment ceiling for the program group.

28         (III)  The reduction proportion calculated under

29  sub-sub-subparagraph (II) shall be multiplied by the total

30  amount of the program group's enrollment over the ceiling as

31  calculated under sub-sub-subparagraph (I).

                                  12

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1         (IV)  The prorated reduction amount calculated under

 2  sub-sub-subparagraph(III) shall be subtracted from the

 3  program's weighted enrollment. For any calculation of the

 4  FEFP, the enrollment ceiling for group 1 shall be calculated

 5  by multiplying the actual enrollment for each program in the

 6  program group by its appropriate program weight.

 7         c.  For program group 2, the weighted enrollment

 8  ceiling shall be a number not less than the sum obtained by:

 9         (I)  Multiplying the sum of reported FTE for all

10  programs in the program group that have a cost factor of 1.0

11  or more by 1.0, and

12         (II)  By adding this number to the sum obtained by

13  multiplying the projected FTE for all programs with a cost

14  factor less than 1.0 by the actual cost factor.

15         4.  Following completion of the weighted enrollment

16  ceiling calculation as provided in subparagraph 3., a

17  supplemental capping calculation shall be employed for those

18  districts that are over their weighted enrollment ceiling. For

19  each such district, the total reported unweighted FTE

20  enrollment for group 2 programs shall be compared with the

21  total appropriated unweighted FTE enrollment for group 2

22  programs. If the total reported unweighted FTE for group 2 is

23  greater than the appropriated unweighted FTE, then the excess

24  unweighted FTE up to the unweighted FTE transferred from group

25  2 to group 1 for each district by the Public School FTE

26  Estimating Conference shall be funded at a weight of 1.0 and

27  added to the funded weighted FTE computed in subparagraph 3.

28         (k)  Calculation of full-time equivalent membership for

29  an industry-certified career and technical education

30  program.--Subject to appropriation, it shall be the objective

31  of this paragraph to have each full-time equivalent student in

                                  13

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1  an industry-certified career and technical education program

 2  generate a cost factor as a fraction or a multiple of that

 3  provided students enrolled in the basic program for grades

 4  9-12, as determined by the study provided in section 9 of this

 5  act. A student who earns the career and technical education

 6  endorsement on the high school diploma indicating that he or

 7  she has completed the additional requirements for a

 8  comprehensive career and technical education program of study

 9  may generate additional incentive funding for the program, as

10  provided in subsection (5). During the transition from the

11  2004-2005 school year until July 1, 2009, all career and

12  technical education programs not industry certified or

13  articulated to postsecondary educational institutions shall

14  continue to earn weighted funding as determined in the General

15  Appropriations Act.

16         (5)  CATEGORICAL FUNDS.--

17         (a)  In addition to the basic amount for current

18  operations for the FEFP as determined in subsection (1), the

19  Legislature may appropriate categorical funding for specified

20  programs, activities, or purposes. Categorical funding may

21  include incentive funding for attainment of the career and

22  technical education endorsement on the high school diploma.

23         Section 8.  Paragraph (b) of subsection (2) of section

24  1012.01, Florida Statutes, is amended to read:

25         1012.01  Definitions.--Specific definitions shall be as

26  follows, and wherever such defined words or terms are used in

27  the Florida K-20 Education Code, they shall be used as

28  follows:

29         (2)  INSTRUCTIONAL PERSONNEL.--"Instructional

30  personnel" means any staff member whose function includes the

31  provision of direct instructional services to students.

                                  14

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    Florida Senate - 2004                                  SB 1452
    21-1137-04                                              See HB




 1  Instructional personnel also includes personnel whose

 2  functions provide direct support in the learning process of

 3  students. Included in the classification of instructional

 4  personnel are:

 5         (b)  Student personnel services.--Student personnel

 6  services include staff members responsible for: advising

 7  students with regard to their abilities and aptitudes,

 8  educational and occupational opportunities, and personal and

 9  social adjustments; providing placement services; performing

10  educational evaluations; and similar functions. Included in

11  this classification are guidance counselors, social workers,

12  career occupational/placement specialists, and school

13  psychologists.

14         Section 9.  The Office of Program Policy Analysis and

15  Government Accountability shall conduct a study to determine

16  if career and technical education programs should have

17  differentiated funding weights, which study shall be completed

18  by January 1, 2005.

19         Section 10.  Except as otherwise provided in this act,

20  this act shall take effect July 1, 2004.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  15

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