Bill Text: FL S0948 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0948 Detail]
Download: Florida-2015-S0948-Introduced.html
Bill Title: Education
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0948 Detail]
Download: Florida-2015-S0948-Introduced.html
Florida Senate - 2015 SB 948 By Senator Gaetz 1-00930A-15 2015948__ 1 A bill to be entitled 2 An act relating to career education and job training; 3 amending s. 446.021, F.S.; revising terms; amending s. 4 446.032, F.S.; conforming a provision to a change made 5 by the act; amending s. 446.045, F.S.; clarifying 6 State Apprenticeship Advisory Council membership; 7 amending s. 446.081, F.S.; clarifying the limitations 8 of certain provisions; amending s. 446.091, F.S.; 9 conforming a provision to a change made by the act; 10 amending s. 446.092, F.S.; revising characteristics of 11 an apprenticeable occupation; amending s. 1011.62, 12 F.S.; revising funding to include career and 13 professional academies; amending s. 1004.92, F.S.; 14 requiring the State Board of Education to adopt rules 15 for administration; amending s. 1006.735, F.S.; 16 establishing the Rapid Response Education and Training 17 Program within the Complete Florida Plus Program; 18 requiring the Complete Florida Plus Program to work 19 with Enterprise Florida, Inc., to offer education and 20 training programs to businesses’ employees; specifying 21 the duties of the Rapid Response Education and 22 Training Program; requiring reports to the 23 Legislature; requiring the Division of Career and 24 Adult Education within the Department of Education to 25 conduct an analysis and assessment of the 26 effectiveness of the education and training programs; 27 providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsections (2), (4), and (9) of section 32 446.021, Florida Statutes, are amended to read: 33 446.021 Definitions of terms used in ss. 446.011-446.092. 34 As used in ss. 446.011-446.092, the term: 35 (2) “Apprentice” means a person at least 16 years of age 36 who is engaged in learning a recognized skilled trade through 37 actual work experience under the supervision of journeyworker 38journeymencraftsmen, which training should be combined with 39 properly coordinated studies of related technical and 40 supplementary subjects, and who has entered into a written 41 agreement, which may be cited as an apprentice agreement, with a 42 registered apprenticeship sponsor who may be either an employer, 43 an association of employers, or a local joint apprenticeship 44 committee. 45 (4) “Journeyworker”“Journeyman”means a worker who has 46 attained certain skills, abilities, and competencies and who is 47 recognized within an industry as having mastered the skills and 48 competencies required for the occupation. The term includes a 49 mentor, technician, specialist, or other skilled worker who has 50 documented sufficient skills and knowledge of an occupation, 51 through formal apprenticeship or through practical, on-the-job 52 experience or formal traininga person working in an53apprenticeable occupation who has successfully completed a54registered apprenticeship program or who has worked the number55of years required by established industry practices for the56particular trade or occupation. 57 (9) “Related instruction” means an organized and systematic 58 form of instruction designed to provide the apprentice with 59 knowledge of the theoretical and technical subjects related to a 60 specific trade or occupation. Such instruction may be given in a 61 classroom, through occupational or industrial courses, or by 62 correspondence courses of equivalent value, including electronic 63 media or other forms of self-study instruction approved by the 64 department. 65 Section 2. Subsection (1) of section 446.032, Florida 66 Statutes, is amended to read: 67 446.032 General duties of the department for apprenticeship 68 training.—The department shall: 69 (1) Establish uniform minimum standards and policies 70 governing apprentice programs and agreements. The standards and 71 policies shall govern the terms and conditions of the 72 apprentice’s employment and training, including the quality 73 training of the apprentice for, but not limited to, such matters 74 as ratios of apprentices to journeyworkersjourneymen, safety, 75 related instruction, and on-the-job training; but these 76 standards and policies may not include rules, standards, or 77 guidelines that require the use of apprentices and job trainees 78 on state, county, or municipal contracts. The department may 79 adopt rules necessary to administer the standards and policies. 80 Section 3. Paragraph (b) of subsection (2) of section 81 446.045, Florida Statutes, is amended to read: 82 446.045 State Apprenticeship Advisory Council.— 83 (2) 84 (b) The Commissioner of Education or the commissioner’s 85 designee shall serve ex officio as chair of the State 86 Apprenticeship Advisory Council, but may not vote. The state 87 director of the Office of Apprenticeship of the United States 88 Department of Labor shall serve ex officio as a nonvoting member 89 of the council. The Governor shall appoint to the council four 90 members representing employee organizations and four members 91 representing employer organizations. Each of these eight members 92 shall represent industries that have registered apprenticeship 93 programs. The Governor shall also appoint two public members who 94 are knowledgeable about registered apprenticeship and 95 apprenticeable occupations, who are independent of any joint or 96 nonjoint organizationone of whom shall be recommended by joint97organizations, and one of whom shall be recommended by nonjoint98organizations. Members shall be appointed for 4-year staggered 99 terms. A vacancy shall be filled for the remainder of the 100 unexpired term. 101 Section 4. Subsection (4) is added to section 446.081, 102 Florida Statutes, to read: 103 446.081 Limitation.— 104 (4) Nothing in ss. 446.011-446.092 or the implementing 105 rules in these sections shall operate to invalidate any special 106 provision for veterans, minority persons, or women in the 107 standards, qualifications, or operation of the apprenticeship 108 program or in the apprenticeship agreement which is not 109 otherwise prohibited by law, executive order, or authorized 110 regulation. 111 Section 5. Section 446.091, Florida Statutes, is amended to 112 read: 113 446.091 On-the-job training program.—All provisions of ss. 114 446.011-446.092 relating to apprenticeship and 115 preapprenticeship, including, but not limited to, programs, 116 agreements, standards, administration, procedures, definitions, 117 expenditures, local committees, powers and duties, limitations, 118 grievances, and ratios of apprentices and job trainees to 119 journeyworkersjourneymenon state, county, and municipal 120 contracts, shall be appropriately adapted and made applicable to 121 a program of on-the-job training authorized under those 122 provisions for persons other than apprentices. 123 Section 6. Section 446.092, Florida Statutes, is amended to 124 read: 125 446.092 Criteria for apprenticeship occupations.—An 126 apprenticeable occupation is a skilled trade which possesses all 127 of the following characteristics: 128 (1) It is customarily learned in a practical way through a 129 structured, systematic program of on-the-job, supervised 130 training. 131 (2) It is clearly identified and commonly recognized 132 throughout antheindustryor recognized with a positive view133towards changing technology. 134 (3) It involves manual, mechanical, or technical skills and 135 knowledge which in accordance with the industry standard for the 136 occupation, requiresrequirea minimum of 2,000 hours of on-the 137 jobwork andtraining, which hours are excluded from the time 138 spent at related instruction. 139 (4) It requires related instruction to supplement on-the 140 job training. Such instruction may be given in a classroom, 141 through occupational or industrial courses, or through 142 correspondence courses of equivalent value, including electronic 143 media or other forms of self-study instruction approved by the 144 department. 145(5) It involves the development of skill sufficiently broad146to be applicable in like occupations throughout an industry,147rather than of restricted application to the products or148services of any one company.149(6) It does not fall into any of the following categories:150(a) Selling, retailing, or similar occupations in the151distributive field.152(b) Managerial occupations.153(c) Professional and scientific vocations for which154entrance requirements customarily require an academic degree.155 Section 7. Paragraph (o) of subsection (1) of section 156 1011.62, Florida Statutes, is amended to read: 157 1011.62 Funds for operation of schools.—If the annual 158 allocation from the Florida Education Finance Program to each 159 district for operation of schools is not determined in the 160 annual appropriations act or the substantive bill implementing 161 the annual appropriations act, it shall be determined as 162 follows: 163 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 164 OPERATION.—The following procedure shall be followed in 165 determining the annual allocation to each district for 166 operation: 167 (o) Calculation of additional full-time equivalent 168 membership based on successful completion of a career-themed 169 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or 170 courses with embedded CAPE industry certifications or CAPE 171 Digital Tool certificates, and issuance of industry 172 certification identified on the CAPE Industry Certification 173 Funding List pursuant to rules adopted by the State Board of 174 Education or CAPE Digital Tool certificates pursuant to s. 175 1003.4203.— 176 1.a. A value of 0.025 full-time equivalent student 177 membership shall be calculated for CAPE Digital Tool 178 certificates earned by students in elementary and middle school 179 grades. 180 b. A value of 0.1 or 0.2 full-time equivalent student 181 membership shall be calculated for each student who completes a 182 course as defined in s. 1003.493(1)(b) or is enrolled in a 183 career and professional academy as defined in s. 1003.493(1)(a) 184 or completes all performance expectations of a CAPE Innovation 185 Course as defined in s. 1003.4203(5)(a)courses with embedded186CAPE industry certificationsand who is issued a CAPE Industry 187an industryCertification identified annually on the CAPE 188 Industry Certification Funding List approved under rules adopted 189 by the State Board of Education. A value of 0.2 full-time 190 equivalent membership shall be calculated for each student who 191 is issued a CAPE industry certification that has a statewide 192 articulation agreement for college credit approved by the State 193 Board of Education. For CAPE industry certifications that do not 194 articulate for college credit, the Department of Education shall 195 assign a full-time equivalent value of 0.1 for each 196 certification. Middle grades students who earn additional FTE 197 membership for a CAPE Digital Tool certificate pursuant to sub 198 subparagraph a. may not use the previously funded examination to 199 satisfy the requirements for earning an industry certification 200 under this sub-subparagraph. Additional FTE membership for an 201 elementary or middle grades student shall not exceed 0.1 for 202 certificates or certifications earned within the same fiscal 203 year. The State Board of Education shall include the assigned 204 values on the CAPE Industry Certification Funding List under 205 rules adopted by the state board. Such value shall be added to 206 the total full-time equivalent student membership for grades 6 207 through 12 in the subsequent year for courses that were not 208 provided through dual enrollment. CAPE industry certifications 209 earned through dual enrollment must be reported and funded 210 pursuant to s. 1011.80. 211 c. A value of 0.3 full-time equivalent student membership 212 shall be calculated for student completion of the courses and 213 the embedded certifications identified on the CAPE Industry 214 Certification Funding List and approved by the commissioner 215 pursuant to ss. 1003.4203(5)(a) and 1008.44. 216 d. A value of 0.5 full-time equivalent student membership 217 shall be calculated for each student who completes a career 218 themed course as defined in s. 1003.493(1)(b) or is enrolled in 219 a career and professional academy and who is issued a CAPE 220 Acceleration Industry CertificationCertificationsthat 221 articulatesarticulatefor 15 to 29 college credit hours, and 222 1.0 full-time equivalent student membership shall be calculated 223 for each student who completes a career-themed course as defined 224 in s. 1003.493(1)(b) or is enrolled in a career and professional 225 academy and who is issued a CAPE Acceleration Industry 226 CertificationCertificationsthat articulatesarticulatefor 30 227 or more college credit hours pursuant to CAPE Acceleration 228 Industry Certifications approved by the commissioner pursuant to 229 ss. 1003.4203(5)(b) and 1008.44. 230 2. Each district must allocate at least 80 percent of the 231 funds provided for CAPE industry certification, in accordance 232 with this paragraph, to the program that generated the funds. 233 This allocation may not be used to supplant funds provided for 234 basic operation of the program. 235 3. For CAPE industry certifications earned in the 2013-2014 236 school year and in subsequent years, the school district shall 237 distribute to each classroom teacher who provided direct 238 instruction toward the attainment of a CAPE industry 239 certification that qualified for additional full-time equivalent 240 membership under subparagraph 1.: 241 a. A bonus in the amount of $25 for each student taught by 242 a teacher who provided instruction in a course that led to the 243 attainment of a CAPE industry certification on the CAPE Industry 244 Certification Funding List with a weight of 0.1. 245 b. A bonus in the amount of $50 for each student taught by 246 a teacher who provided instruction in a course that led to the 247 attainment of a CAPE industry certification on the CAPE Industry 248 Certification Funding List with a weight of 0.2, 0.3, 0.5, and 249 1.0. 250 251 Bonuses awarded pursuant to this paragraph shall be provided to 252 teachers who are employed by the district in the year in which 253 the additional FTE membership calculation is included in the 254 calculation. Bonuses shall be calculated based upon the 255 associated weight of a CAPE industry certification on the CAPE 256 Industry Certification Funding List for the year in which the 257 certification is earned by the student. Any bonus awarded to a 258 teacher under this paragraph may not exceed $2,000 in any given 259 school year and is in addition to any regular wage or other 260 bonus the teacher received or is scheduled to receive. 261 Section 8. Paragraph (b) of subsection (2) of section 262 1004.92, Florida Statutes, is amended to read: 263 1004.92 Purpose and responsibilities for career education.— 264 (2) 265 (b) Department of Education accountability for career 266 education includes, but is not limited to: 267 1. The provision of timely, accurate technical assistance 268 to school districts and Florida College System institutions. 269 2. The provision of timely, accurate information to the 270 State Board of Education, the Legislature, and the public. 271 3. The development of policies, rules, and procedures that 272 facilitate institutional attainment of the accountability 273 standards and coordinate the efforts of all divisions within the 274 department. 275 4. The development of program standards and industry-driven 276 benchmarks for career, adult, and community education programs, 277 which must be updated every 3 years. The standards must include 278 career, academic, and workplace skills; viability of distance 279 learning for instruction;andwork/learn cycles that are 280 responsive to business and industry; and reflect the quality 281 components of a career and technical education program. The 282 State Board of Education shall adopt rules to administer this 283 section. 284 5. Overseeing school district and Florida College System 285 institution compliance with the provisions of this chapter. 286 6. Ensuring that the educational outcomes for the technical 287 component of career programs are uniform and designed to provide 288 a graduate who is capable of entering the workforce on an 289 equally competitive basis regardless of the institution of 290 choice. 291 Section 9. Present subsections (5) and (6) of section 292 1006.735, Florida Statutes, are redesignated as subsections (6) 293 and (7), respectively, and a new subsection (5) is added to that 294 section, to read: 295 1006.735 Complete Florida Plus Program.—The Complete 296 Florida Plus Program is created at the University of West 297 Florida. 298 (5) RAPID RESPONSE EDUCATION AND TRAINING PROGRAM.—The 299 Rapid Response Education and Training Program is established 300 within the Complete Florida Plus Program. Under the Rapid 301 Response Education and Training Program, the Complete Florida 302 Plus Program shall work directly with Enterprise Florida, Inc., 303 in project-specific industry recruitment and retention efforts 304 to offer education and training programs to businesses’ 305 employees. 306 (a) The Rapid Response Education and Training Program must: 307 1. Issue challenge grants through requests for proposals 308 that are open to all education and training providers, public or 309 private. These grants match state funding with education and 310 training provider funds to implement particular education and 311 training programs. 312 2. Generate periodic reports from an independent forensic 313 accounting or auditing entity to ensure transparency of the 314 program. These periodic reports must be submitted to the 315 President of the Senate and the Speaker of the House of 316 Representatives. 317 3. Keep administrative costs to a minimum through the use 318 of existing organizational structures. 319 4. Work directly with businesses to recruit individuals for 320 education and training. 321 5. Be able to terminate an education and training program 322 by giving 30 days’ notice. 323 6. Survey employers after completion of an education and 324 training program to ascertain the effectiveness of the program. 325 (b) The Division of Career and Adult Education within the 326 Department of Education shall conduct an analysis and assessment 327 of the effectiveness of the education and training programs 328 under this section in meeting labor market and occupational 329 trends and gaps. 330 Section 10. This act shall take effect July 1, 2015.