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Amendment CaShTmL-451998.HTM
                                    CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 1258
    Amendment No. 1   Barcode 451998
                            CHAMBER ACTION
              Senate                               House
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 1                  1/AD/2R        .                    
       04/30/2004 03:55 PM         .                    
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 4  ______________________________________________________________
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10  ______________________________________________________________
11  The Conference Committee on CS for SB 1258 recommended the
12  following amendment:
13  
14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 1011.80, Florida Statutes, is
19  amended to read:
20         1011.80  Funds for operation of workforce development
21  adult technical education programs.--
22         (1)  As used in this section, the terms "workforce
23  development education" and "workforce development program"
24  include:
25         (a)  Adult general education programs designed to
26  improve the employability skills of the state's workforce as
27  defined in s. 1004.02(3) s. 1004.02(5).
28         (b)  Career and technical certificate programs, as
29  defined in s. 1004.02(21) s. 1004.02(23).
30         (c)  Applied technology diploma programs.
31         (d)  Continuing workforce education courses.
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    6:45 PM   04/29/04                                   c1258c-01

CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 (e) Degree technical education programs. 2 (f) Apprenticeship and preapprenticeship programs as 3 defined in s. 446.021. 4 (2) Any workforce development education program may be 5 conducted by a community college or a school district, except 6 that college credit in an associate in applied science or an 7 associate in science degree may be awarded only by a community 8 college. However, if an associate in applied science or an 9 associate in science degree program contains within it an 10 occupational completion point that confers a certificate or an 11 applied technology diploma, that portion of the program may be 12 conducted by a school district technical center. Any 13 instruction designed to articulate to a degree program is 14 subject to guidelines and standards adopted by the State Board 15 of Education pursuant to s. 1007.25. 16 (3) If a program for disabled adults pursuant to s. 17 1004.93 is a workforce development program as defined in law, 18 it must be funded as provided in this section. 19 (4) The Florida Workforce Development Education Fund 20 is created to provide performance-based funding for all 21 workforce development programs, whether the programs are 22 offered by a school district or a community college. Funding 23 for all workforce development education programs must be from 24 the Workforce Development Education Fund and must be based on 25 cost categories, performance output measures, and performance 26 outcome measures. 27 (a) The cost categories must be calculated to identify 28 high-cost programs, medium-cost programs, and low-cost 29 programs. The cost analysis used to calculate and assign a 30 program of study to a cost category must include at least both 31 direct and indirect instructional costs, consumable supplies, 2 6:45 PM 04/29/04 c1258c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 equipment, and standard program length. 2 (b)1. The performance output measure for career and 3 technical education programs of study is student completion of 4 a career and technical program of study that leads to an 5 occupational completion point associated with a certificate; 6 an apprenticeship program; or a program that leads to an 7 applied technology diploma or an associate in applied science 8 or associate in science degree. Performance output measures 9 for registered apprenticeship programs shall be based on 10 program lengths that coincide with lengths established 11 pursuant to the requirements of chapter 446. 12 2. The performance output measure for an adult general 13 education course of study is measurable improvement in student 14 skills. This measure shall include improvement in literacy 15 skills, grade level improvement as measured by an approved 16 test, or attainment of a State of Florida diploma or an adult 17 high school diploma. 18 (c) The performance outcome measures for workforce 19 development education programs funded through the Workforce 20 Development Education Fund are associated with placement and 21 retention of students after reaching a completion point or 22 completing a program of study. These measures include 23 placement or retention in employment that is related to the 24 program of study; placement into or retention in employment in 25 an occupation on the Workforce Estimating Conference list of 26 high-wage, high-skill occupations with sufficient openings, or 27 other High Wage/High Skill Program occupations as determined 28 by Workforce Florida, Inc.; and placement and retention of 29 participants or former participants in the welfare transition 30 program in employment. Continuing postsecondary education at a 31 level that will further enhance employment is a performance 3 6:45 PM 04/29/04 c1258c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 outcome for adult general education programs. Placement and 2 retention must be reported pursuant to ss. 1008.39 and 3 1008.43. 4 (5) State funding and student fees for workforce 5 development instruction funded through the Workforce 6 Development Education Fund shall be established as follows: 7 (a) For a continuing workforce education course, state 8 funding shall equal 50 percent of the cost of instruction, 9 with student fees, business support, quick-response training 10 funds, or other means making up the remaining 50 percent. 11 (b) For all other workforce development education 12 programs funded through the Workforce Development Education 13 Fund, state funding shall equal 75 percent of the average cost 14 of instruction with the remaining 25 percent made up from 15 student fees. Fees for courses within a program shall not vary 16 according to the cost of the individual program, but instead 17 shall be based on a uniform fee calculated and set at the 18 state level, as adopted by the State Board of Education, 19 unless otherwise specified in the General Appropriations Act. 20 (c) For fee-exempt students pursuant to s. 1009.25, 21 unless otherwise provided for in law, state funding shall 22 equal 100 percent of the average cost of instruction. 23 (6)(a) A school district or a community college that 24 provides workforce development education programs funded 25 through the Workforce Development Education Fund shall receive 26 funds in accordance with distributions for base and 27 performance funding established by the Legislature in the 28 General Appropriations Act. If the General Appropriations Act 29 does not provide for the distribution of funds, the following 30 methodology shall apply, pursuant to the following conditions: 31 1. Base funding shall be allocated based on weighted 4 6:45 PM 04/29/04 c1258c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 enrollment and shall not exceed 90 85 percent of the current 2 fiscal year total Workforce Development Education Fund 3 allocation, which shall be distributed by the Legislature in 4 the General Appropriations Act based on a maximum of 85 5 percent of the institution's prior year total allocation from 6 base and performance funds. The Department of Education shall 7 develop a funding process for school district workforce 8 development education programs which is comparable with 9 community college workforce programs. 10 2. Performance funding shall be at least 10 15 percent 11 of the current fiscal year total Workforce Development 12 Education Fund allocation, which shall be distributed by the 13 Legislature in the General Appropriations Act based on the 14 previous fiscal year's achievement of output and outcomes in 15 accordance with formulas adopted pursuant to subsection (9). 16 Performance funding must incorporate payments for at least 17 three levels of placements that reflect wages and workforce 18 demand. Payments for completions must not exceed 60 percent of 19 the payments for placement. School districts and community 20 colleges shall be awarded funds pursuant to this paragraph 21 based on performance output data and performance outcome data 22 available in that year. 23 3. If a local educational agency achieves a level of 24 performance sufficient to generate a full allocation as 25 authorized by the workforce development funding formula, the 26 agency may earn performance incentive funds as appropriated 27 for that purpose in a General Appropriations Act. If 28 performance incentive funds are funded and awarded, these 29 funds must be added to the local educational agency's prior 30 year total allocation from the Workforce Development Education 31 Fund and shall be used to calculate the following year's base 5 6:45 PM 04/29/04 c1258c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 funding. 2 (b) A program is established to assist school 3 districts and community colleges in responding to the needs of 4 new and expanding businesses and thereby strengthening the 5 state's workforce and economy. The program may be funded in 6 the General Appropriations Act. A school district or community 7 college may expend funds under the program without regard to 8 performance criteria set forth in subparagraph (a)2. The 9 district or community college shall use the program to provide 10 customized training for businesses which satisfies the 11 requirements of s. 288.047. Business firms whose employees 12 receive the customized training must provide 50 percent of the 13 cost of the training. Balances remaining in the program at the 14 end of the fiscal year shall not revert to the general fund, 15 but shall be carried over for 1 additional year and used for 16 the purpose of serving incumbent worker training needs of area 17 businesses with fewer than 100 employees. Priority shall be 18 given to businesses that must increase or upgrade their use of 19 technology to remain competitive. 20 (7) A school district or community college that 21 receives workforce development education funds earns 22 performance funding must use the money to benefit the 23 postsecondary adult and technical education programs it 24 provides. The money may be used for equipment upgrades, 25 program expansions, or any other use that would result in 26 workforce development program improvement. The district school 27 board or community college board of trustees may not withhold 28 any portion of the performance funding for indirect costs. 29 Notwithstanding s. 216.351, funds awarded pursuant to this 30 section may be carried across fiscal years and shall not 31 revert to any other fund maintained by the district school 6 6:45 PM 04/29/04 c1258c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 board or community college board of trustees. 2 (8) The State Board of Education and Workforce 3 Florida, Inc., shall provide the Legislature with recommended 4 formulas, criteria, timeframes, and mechanisms for 5 distributing performance funds. The commissioner shall 6 consolidate the recommendations and develop a consensus 7 proposal for funding. The Legislature shall adopt a formula 8 and distribute the performance funds to the State Board of 9 Education for community colleges and school districts through 10 the General Appropriations Act. These recommendations shall be 11 based on formulas that would discourage low-performing or 12 low-demand programs and encourage through performance-funding 13 awards: 14 (a) Programs that prepare people to enter high-wage 15 occupations identified by the Workforce Estimating Conference 16 created by s. 216.136 and other programs as approved by 17 Workforce Florida, Inc. At a minimum, performance incentives 18 shall be calculated for adults who reach completion points or 19 complete programs that lead to specified high-wage employment 20 and to their placement in that employment. 21 (b) Programs that successfully prepare adults who are 22 eligible for public assistance, economically disadvantaged, 23 disabled, not proficient in English, or dislocated workers for 24 high-wage occupations. At a minimum, performance incentives 25 shall be calculated at an enhanced value for the completion of 26 adults identified in this paragraph and job placement of such 27 adults upon completion. In addition, adjustments may be made 28 in payments for job placements for areas of high unemployment. 29 (c) Programs that are specifically designed to be 30 consistent with the workforce needs of private enterprise and 31 regional economic development strategies, as defined in 7 6:45 PM 04/29/04 c1258c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 guidelines set by Workforce Florida, Inc. Workforce Florida, 2 Inc., shall develop guidelines to identify such needs and 3 strategies based on localized research of private employers 4 and economic development practitioners. 5 (d) Programs identified by Workforce Florida, Inc., as 6 increasing the effectiveness and cost efficiency of education. 7 (9) School districts shall report full-time equivalent 8 students by discipline category for the programs specified in 9 subsection (1). There shall be an annual cost analysis for the 10 school district workforce development education programs which 11 reports cost by discipline category consistent with the 12 reporting for full-time equivalent students. The annual 13 financial reports submitted by the school districts must 14 accurately report on the student fee revenues by fee type 15 according to the programs specified in subsection (1). The 16 Department of Education shall develop a plan for comparable 17 reporting of program, student, facilities, personnel, and 18 financial data between the community colleges and the school 19 district workforce development education programs. 20 (10)(9) A high school student dually enrolled under s. 21 1007.271 in a workforce development program funded through the 22 Workforce Development Education Fund and operated by a 23 community college or school district technical center 24 generates the amount calculated for workforce development 25 funding by the Workforce Development Education Fund, including 26 any payment of performance funding, and the proportional share 27 of full-time equivalent enrollment generated through the 28 Florida Education Finance Program for the student's enrollment 29 in a high school. If a high school student is dually enrolled 30 in a community college program, including a program conducted 31 at a high school, the community college earns the funds 8 6:45 PM 04/29/04 c1258c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 generated for workforce development education funding, through 2 the Workforce Development Education Fund and the school 3 district earns the proportional share of full-time equivalent 4 funding from the Florida Education Finance Program. If a 5 student is dually enrolled in a technical center operated by 6 the same district as the district in which the student attends 7 high school, that district earns the funds generated for 8 workforce development education funding through the Workforce 9 Development Education Fund and also earns the proportional 10 share of full-time equivalent funding from the Florida 11 Education Finance Program. If a student is dually enrolled in 12 a workforce development program provided by a technical center 13 operated by a different school district, the funds must be 14 divided between the two school districts proportionally from 15 the two funding sources. A student may not be reported for 16 funding in a dual enrollment workforce development program 17 unless the student has completed the basic skills assessment 18 pursuant to s. 1004.91. 19 (10) The State Board of Education may adopt rules to 20 administer this section. 21 Section 2. Section 1011.83, Florida Statutes, is 22 amended to read: 23 1011.83 Financial support of community colleges.--Each 24 community college that has been approved by the Department of 25 Education and meets the requirements of law and rules of the 26 State Board of Education shall participate in the Community 27 College Program Fund. However, funds to support workforce 28 development programs conducted by community colleges shall be 29 provided by the Workforce Development Education Fund pursuant 30 to s. 1011.80. 31 Section 3. This act shall take effect July 1, 2004. 9 6:45 PM 04/29/04 c1258c-01
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 1258 Amendment No. 1 Barcode 451998 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to workforce development 8 education programs; amending s. 1011.80, F.S.; 9 redesignating adult technical education 10 programs as workforce development education 11 programs; providing requirements for funding; 12 amending s. 1011.83, F.S.; conforming a 13 cross-reference; providing an effective date. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 6:45 PM 04/29/04 c1258c-01
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