Chapter 1011 Section 80 - 2024 Florida Statutes

2024 Florida Statutes

Title XLVIII EARLY LEARNING-20 EDUCATION CODE

Chapter 1011 PLANNING AND BUDGETING

SECTION 80Funds for operation of workforce education programs.

1011.80 Funds for operation of workforce education programs.—

(1) As used in this section, the terms “workforce education” and “workforce education program” include:

(a) Adult general education programs designed to improve the employability skills of the state’s workforce as defined in s. 1004.02(3).

(b) Career certificate programs, as defined in s. 1004.02(20).

(d) Continuing workforce education courses.

(e) Degree career education programs.

(f) Apprenticeship and preapprenticeship programs as defined in s. 446.021.

(2) Any workforce education program may be conducted by a Florida College System institution or a school district career center as described in this subsection and, if applicable, as approved by the State Board of Education pursuant to s. 1001.03(15). Any instruction designed to articulate to a degree program is subject to guidelines and standards adopted by the State Board of Education under s. 1007.25.

(a) To be responsive to industry needs for a skilled workforce, Florida College System institutions and school districts may offer continuing workforce education courses or programs without prior State Board of Education approval. Each Florida College System institution and school district offering continuing workforce education courses or programs must maintain adequate and accurate records of instructional activity. For purposes of measuring program performance and responsiveness to industry needs, institutions must report continuing workforce education instructional activity in a format prescribed by the Department of Education. Continuing workforce education courses and programs are exempt from the requirements in paragraphs (b) and (c) and are ineligible for performance funding.

(b) The State Board of Education shall establish criteria, based on the framework of quality established by the Credentials Review Committee under s. 445.004(4), for review and approval of new workforce education programs by a Florida College System institution or a school district that are not included in the statewide curriculum framework.

(c) A Florida College System institution or school district offering a new workforce education program that is in the statewide curriculum framework must be approved by the board of trustees of the Florida College System institution or the district school board based on criteria that must include, but are not limited to, the following:

1. A description of the new workforce education program that includes all of the following:

a. An analysis of workforce demand and unmet need consistent with the information provided by the Labor Market Statistics Center within the Department of Commerce for graduates of the program on a district, regional, or statewide basis, as appropriate, including evidence from entities independent of the technical center or institution.

b. The geographic region to be served.

2. Documentation of collaboration among technical centers and institutions serving the same students in a geographical or service area that enhances program offerings and prevents program duplication that exceeds workforce need. Unnecessary duplication of programs offered by public and private institutions must be avoided.

3. Alignment of program offerings with credentials or degree programs identified on the Master Credentials List under s. 445.004(4).

4. Articulation agreements between technical centers and Florida College System institutions for the enrollment of graduates in related workforce education programs.

5. Documentation of alignment between the exit requirements of a technical center and the admissions requirements of a Florida College System institution into which students typically transfer.

6. Performance and compliance indicators that will be used in determining the program’s success.

(3) Each school district and Florida College System institution receiving state appropriations for workforce education programs must maintain adequate and accurate records, including a system to record school district workforce education funding and expenditures, to maintain the separation of postsecondary workforce education expenditures and secondary workforce education expenditures. These records must be submitted to the Department of Education in accordance with rules of the State Board of Education.

(4) If a program for disabled adults pursuant to s. 1004.93 is a workforce program as defined in law, it must be funded as provided in this section.

(5) Funding for all workforce education programs must be based on cost categories, performance output measures, and performance outcome measures.

(a) The cost categories must be calculated to identify high-cost programs, medium-cost programs, and low-cost programs. The cost analysis used to calculate and assign a program of study to a cost category must include at least both direct and indirect instructional costs, consumable supplies, equipment, and standard program length.

(b) The performance output measure for an adult general education course of study is measurable improvement in student skills. This measure shall include improvement in literacy skills, grade level improvement as measured by an approved test, or attainment of a State of Florida diploma or an adult high school diploma.

(c) The performance outcome measures for adult general education programs are associated with placement and retention of students after reaching a completion point or completing a program of study. These measures include placement or retention in employment. Continuing postsecondary education at a level that will further enhance employment is a performance outcome for adult general education programs.

(6) State funding and student fees for workforce education instruction shall be established as follows:

(a) Expenditures for the continuing workforce education programs provided by the Florida College System institutions or school districts must be fully supported by fees, except for preapprenticeship and apprenticeship programs as defined in s. 446.021(5) and (6). Enrollments in continuing workforce education courses shall not be counted for purposes of funding full-time equivalent enrollment, except for preapprenticeship and apprenticeship programs as defined in s. 446.021(5) and (6).

(b) For all other workforce education programs, state funding shall be calculated based on a weighted enrollment and program cost minus fee revenues generated to offset program operational costs, including any supplemental cost factors recommended by the District Workforce Education Funding Steering Committee. Fees for courses within a program shall not vary according to the cost of the individual program, but instead shall be as provided in s. 1009.22, unless otherwise specified in the General Appropriations Act.

(c) For fee-exempt students pursuant to s. 1009.25, unless otherwise provided for in law, state funding shall equal 100 percent of the average cost of instruction.

(d) For a public educational institution that has been fully funded by an external agency for direct instructional costs of any course or program, the FTE generated shall not be reported for state funding.

(7)(a) A school district or a Florida College System institution that provides workforce education programs shall receive funds in accordance with distributions for base and performance funding established by the Legislature in the General Appropriations Act. To ensure equitable funding for all school district workforce education programs and to recognize enrollment growth, the Department of Education shall use the funding model developed by the District Workforce Education Funding Steering Committee to determine each district’s workforce education funding needs. To assist the Legislature in allocating workforce education funds in the General Appropriations Act, the funding model shall annually be provided to the legislative appropriations committees no later than March 1.

(b) Performance funding for industry certifications for school district workforce education programs is contingent upon specific appropriation in the General Appropriations Act and must be determined as follows:

1. Postsecondary industry certifications identified on the CAPE Industry Certification Funding List approved by the State Board of Education under s. 1008.44 are eligible for performance funding.

2. Unless otherwise specified in the General Appropriations Act, each district school board shall be provided $1,000 for each industry certification earned by a workforce education student. If funds are insufficient to fully fund the calculated total award, such funds must be prorated. The department shall annually, by October 1, report to the Legislature industry certifications sorted into three tiers based upon the anticipated average wages of all occupations to which each certification is linked on the Master Credentials List.

(c) A program is established to assist school districts and Florida College System institutions in responding to the needs of new and expanding businesses and thereby strengthening the state’s workforce and economy. The program may be funded in the General Appropriations Act. The district or Florida College System institution shall use the program to provide customized training for businesses which satisfies the requirements of s. 288.047. Business firms whose employees receive the customized training must provide 50 percent of the cost of the training. Balances remaining in the program at the end of the fiscal year shall not revert to the general fund, but shall be carried over for 1 additional year and used for the purpose of serving incumbent worker training needs of area businesses with fewer than 100 employees. Priority shall be given to businesses that must increase or upgrade their use of technology to remain competitive.

(8)(a) A school district or Florida College System institution that receives workforce education funds must use the money to benefit the workforce education programs it provides. The money may be used for equipment upgrades, program expansions, or any other use that would result in workforce education program improvement. The district school board or Florida College System institution board of trustees may not withhold any portion of the performance funding for indirect costs.

(b) Notwithstanding s. 1011.81(4), state funds provided for the operation of postsecondary workforce programs may be expended for the education of state inmates with 24 months or less of time remaining to serve on their sentences.

(9) School districts shall report full-time equivalent students by discipline category for the programs specified in subsection (1). There shall be an annual cost analysis for the school district workforce education programs that reports cost by discipline category consistent with the reporting for full-time equivalent students. The annual financial reports submitted by the school districts must accurately report on the student fee revenues by fee type according to the programs specified in subsection (1). The Department of Education shall develop a plan for comparable reporting of program, student, facility, personnel, and financial data between the Florida College System institutions and the school district workforce education programs.

(10) A high school student dually enrolled under s. 1007.271 in a workforce education program operated by a Florida College System institution or school district career center generates the amount calculated for workforce education funding, including any payment of performance funding, and the proportional share of full-time equivalent enrollment generated through the Florida Education Finance Program for the student’s enrollment in a high school. If a high school student is dually enrolled in a Florida College System institution program, including a program conducted at a high school, the Florida College System institution earns the funds generated for workforce education funding, and the school district earns the proportional share of full-time equivalent funding from the Florida Education Finance Program. If a student is dually enrolled in a career center operated by the same district as the district in which the student attends high school, that district earns the funds generated for workforce education funding and also earns the proportional share of full-time equivalent funding from the Florida Education Finance Program. If a student is dually enrolled in a workforce education program provided by a career center operated by a different school district, the funds must be divided between the two school districts proportionally from the two funding sources. A student may not be reported for funding in a dual enrollment workforce education program unless the student has completed the basic skills assessment pursuant to s. 1004.91. A student who is coenrolled in a K-12 education program and an adult education program may be reported for purposes of funding in an adult education program. If a student is coenrolled in courses for credit recovery or dropout prevention purposes and does not have a pattern of excessive absenteeism or habitual truancy or a history of disruptive behavior in school, the student may be reported for funding for up to four courses per year. Such a student is exempt from the payment of the block tuition for adult general education programs provided in s. 1009.22(3)(c).

(11) The State Board of Education shall phase out program offerings that do not align with the framework of quality or do not meet labor market demand under s. 445.004(4) or that are unwarranted program duplications.

(12) The State Board of Education may adopt rules to administer this section.

History.—s. 673, ch. 2002-387; s. 12, ch. 2004-271; s. 7, ch. 2004-357; s. 25, ch. 2010-155; s. 174, ch. 2011-5; s. 35, ch. 2011-63; s. 36, ch. 2012-134; s. 58, ch. 2013-27; s. 188, ch. 2014-17; s. 90, ch. 2014-39; s. 119, ch. 2015-2; s. 58, ch. 2015-98; ss. 44, 45, ch. 2018-10; s. 3, ch. 2018-104; s. 16, ch. 2019-103; ss. 9, 11, 52, 53, 115, ch. 2019-116; s. 32, ch. 2019-119; s. 40, ch. 2020-30; ss. 53, 54, ch. 2020-114; ss. 24, 25, ch. 2021-37; s. 35, ch. 2021-164; s. 3, ch. 2022-143; ss. 31, 32, 99, ch. 2022-157; s. 36, ch. 2023-81; s. 256, ch. 2024-6; s. 7, ch. 2024-161.