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MEMORANDUM
TO: School District Superintendents
School District Secondary Career and Technical Education Directors
FROM: Kevin O’Farrell, Ph.D.
DATE: September 6, 2023
SUBJECT: 2023 Legislation Affecting K-12 Career, Technical and Adult Education Partners
The 2023 Florida Legislature passed legislation that will have implications for school district K-12 career
and technical education (CTE) programs and the implementation of the Florida Career and Professional
Education (CAPE) Act. A summary of action required of school districts is provided below and in the
appendix. Because many of the bills cross multiple offices and functions, we encourage everyone at our
institutions to read the bills themselves and pay close attention to each section.
APPROPRIATIONS
Florida Education Finance Program (FEFP) - Career Education 9-12 Course Funding (Senate Bill (SB)
240/SB 2500)
• Section, (s.) 1011.62, Florida Statutes, (F.S.), is amended to require that the cost factor for
secondary career education programs must be higher than the cost factor for basic programs for 9-
12.
• In the 2023 General Appropriation Act (SB 2500), the cost factor for Career Education (9-12) is
established as 1.072, compared to .988 for 9-12 basic cost factor.
FEFP – New Additional FTE for Dual Enrollment in Career Courses (SB240)
New additional student membership category of 0.08 full-time equivalent (FTE) is created for each
student who completes a career course through the dual enrollment program with a grade of “A” in a
pathway that leads to an industry certification that is included on the CAPE Industry Certification
Funding List.
State Board of Education
Ben Gibson, Chair
Ryan Petty, Vice Chair
Members
Monesia Brown
Esther Byrd
Grazie Pozo Christie
Kelly Garcia
MaryLynn Magar
Manny Diaz, Jr.
Commissioner of Education
2023 Legislation Affecting K-12 Career, Technical and Adult Education Partners
September 6, 2023
Page Two
Districts will have additional reporting in Student Additional Funding format in Survey 5. The
Department of Education (FDOE) will identify a list of career courses that satisfy the requirements in
statute. Additional guidance and data collection from agencies on dual enrollment offerings will occur
during the 2023-24 program year.
FEFP - Additional CAPE FTE membership of 0.3 FTE for Career Pathway with Related Industry
Certification (SB 240)
New additional student membership of 0.3 FTE is created for student completion of at least three courses
and an industry certification in a single career and technical education program or program of study. This
new FTE will be calculated at the end of the 2023-24 reporting year and will be included in the 2024-25
FEFP calculation.
The Department will amend Rule 6A-6.0576, Florida Administrative Code (F.A.C.), in the Spring of
2024 to include the career pathway course and industry certification linkages which will be used for this
calculation. Districts will have a window in the fall to request program to certification linkages for use in
this calculation.
Additional Amendments to Industry Certification Related Funds (SB 240)
Several textual changes were made to the CAPE FEFP funding section that include the following:
• Elimination of CAPE Innovation Courses and related funding in the FEFP;
• Removal of all references in the statute of CAPE ESE Digital tools;
• Removal of the middle grades funding cap of 0.1 FTE per student per fiscal year; and
• Additional clarifying language that specifies that the 20 percent of CAPE industry certification
funds that are not provided to the program generating the certification must be provided must be
provided for school district career and technical education programs.
These changes will take effect for the 2023-24 fiscal year, effective July 1.
Workforce Development Capitalization Incentive Grant Program (SB 240)
The bill amends s. 1011.801, F.S., to modify the purpose and administration of the Workforce
Development Capitalization Incentive Grant Program. The bill amendments include the following:
• Removes the requirement that the grant be administered on a competitive basis.
• Shifts the focus of the workforce development grant to serving secondary students in CTE
programs that lead to industry certifications on the CAPE Industry Certification Funding List.
• Requires FDOE to administer the workforce development capitalization incentive grant program
and authorizes the State Board of Education (SBOE) to adopt rules.
• Provides $100 million for the Workforce Development Capitalization Incentive Grant Program.
FDOE will release additional information regarding the operation of this program as details related to the
process for requesting funds are finalized.
2023 Legislation Affecting K-12 Career, Technical and Adult Education Partners
September 6, 2023
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FLORIDA CAREER AND PROFESSIONAL EDUCATION ACT
Three-year CAPE Strategic Plan (SB 240)
Section 1003.491, F.S., is amended to include labor projections identified by the Labor Market Statistics
Center within the Department of Economic Opportunity (DEO). Note that additional legislation changes
in HB 5 that change the name of DEO to the Department of Commerce.
As districts are updating their three-year strategic plans, this labor projection source may be used as well
as the Labor Market Estimating Conference.
CAPE Industry Certification Funding List (SB 240)
In addition to the changes which eliminated CAPE Innovation Courses and CAPE ESE Digital Tools, s.
1008.44, F.S., is amended to remove the requirement for FDOE to approve a course to industry
certification linkage for use in the FEFP funding calculation for industry certifications. Districts are still
required to register career-themed courses annually for the funding calculation based on compliance with
the requirements in statute. The Commissioner of Education is authorized to limit CAPE industry
certifications and CAPE Digital Tool certificates to students in certain grades levels.
CAREER EDUCATION AND PLANNING
Practical Arts Course Requirement for High School Graduation (SB 240)
Section 1003.4282(3)(e), F.S., is amended to modify the options for a student to complete required credits
to earn a standard high school diploma. The bill replaces the practical arts option in the required credit in
fine or performing arts, speech and debate, or practical arts with the option to complete one credit in CTE
to satisfy the required credit. For 2023-24 year, any 9-12 CTE course can fulfill “one credit in fine or
performing arts, speech and debate, or career and technical education.” The statute does maintain
references to practical arts and requires that practical arts courses be identified in the course code
directory.
Division staff are working with the Office of Articulation, who serves as the entity responsible for the
Course Code Directory, to make necessary high school graduation subject area requirement updates to the
2023-24 Course Code Directory.
Work-Based Learning or Elective Credit for Career and Technical Student Organizations (CTSO)
Activities (SB 240)
Section 1003.4282, F.S., is amended to require the SBOE to establish a process that enables a student to
receive work-based learning or credit in electives for completing a threshold level of demonstrable
participation in extracurricular activities associated with career and technical student organizations.
2023 Legislation Affecting K-12 Career, Technical and Adult Education Partners
September 6, 2023
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As a result, for example, a student who completes a supervised agricultural experience through the
Florida Future Farmers of America would receive a work-based learning credit or elective credit. The bill
prohibits eligibility for work-based learning credit or credit in electives for extracurricular activities or
supervised agricultural experiences to be limited by grade level.
DOE will notice rule development in fall 2023 and issue additional technical assistance to districts.
CTE Pathways Workgroup (SB 240)
In addition, the bill requires FDOE to convene a workgroup to:
• Identify best practices in CTE pathways from middle school to high school to aid middle school
students in career planning and facilitate their transition to high school programs. The career
pathway must be linked to postsecondary programs.
• Establish three mathematics pathways for students enrolled in secondary grades by aligning
mathematics courses to programs, postsecondary education, and careers.
The workgroup is required to identify the three mathematics pathways and the mathematics course
sequence within each pathway which align to the mathematics skills needed for success in the
corresponding academic programs, postsecondary education and careers.
Further guidance and consultation with school districts will be released at a later date and districts along
with higher education institutions will have an opportunity to volunteer for participation in the
workgroup.
Controlled Open Enrollment (SB 240)
Section 1002.31, F.S., is amended to add a new requirement to the district approved process for controlled
open enrollment. This process must enable a middle school student who completed a career and technical
education course or an industry certification on the CAPE list to continue a sequential program in the
same concentration if the high school offers the program.
Districts should evaluate the opportunities for middle school students to take future courses, if they are
taking high school level CTE courses while in middle school.
High School Work-Based Learning Access (SB 240)
Section 446.0915, F.S., is amended to mandate district school boards ensure that each student in grades 9
through 12 has access to at least one work-based learning opportunity. Work-based learning is defined in
this same section of statute and implementation resources are available on the
FDOE Work-Based
Learning resource site.
2023 Legislation Affecting K-12 Career, Technical and Adult Education Partners
September 6, 2023
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Reimbursement for Workers’ Compensation Insurance Premiums (SB 240)
The Department of Financial Services (DFS) is now responsible for reimbursing expenses related to
workers’ compensation insurance premiums associated with eligible work-based learning opportunities.
Businesses, in addition to school districts and Florida College Institutions, will apply directly to DFS for
reimbursement. To be eligible, students must be 18 years of age or younger and the experience must be
operated by a school district school, charter school, technical college or center, charter technical college
or center, or a FCS institution. The application criteria and reimbursement period are now defined in
statute. For questions or feedback, contact Greg Jenkins, Policy Coordinator for the Division of Workers’
Compensation, at (850) 413-1630 or Greg.Jenkins@myfloridacfo.com
.
Yearly High School Career Fairs for Juniors and Seniors (SB 240)
Section 1001.43, F.S., is amended to add language on the recognition of career achievement and career
scholars to this section of law. In addition, a requirement that, starting in the 2023-24 school year, all
district high schools must host a career fair, either individually or as a collaboration between multiple
high schools and/or districts was added to the statute. The career fair must be during the school day, held
on the campus of the high school or within reasonable driving distance, cater to grades 11 and 12, and
allow students to meet or interview with potential employers. The event may integrate Florida’s online
career planning and work-based learning system, Xello
.
Districts are encouraged to collaboratively support the coordination of career fairs across their district in
collaboration with local chambers of commerce, CareerSource, economic development agencies,
technical colleges, Florida College System institutions, and universities. Visit Xello’s blog on SB240
to
read guidance on how to incorporate the Xello system into the local implementation of career fairs.
Student and Parental Notification
of Career Education and Planning Options (SB 240 & 196)
Section 1003.02, F.S., is amended to require that students and parents are notified at the beginning of each
school year of local career and professional academies, career-themed courses, options to complete the
Career and Technical Education Graduation Pathway under s. 1003.4282(10), F.S., work-based learning
opportunities, and the Florida Ready to Work training and credentialing program under s. 445.06, F.S.,
which can be accessed at FloridaReadytoWork.com/school-districts.
In addition, students and parents
must yearly be given information on how to contact a certified school counselor and how to access
Florida’s online career planning and work-based learning coordination system, which at this time is
Xello.
District CTE directors should consult with your district’s Xello Success Manager as well as visit Xello’s
Florida landing page, educator resource page, and blog on SB 240 to learn more about student and parent
system access.
2023 Legislation Affecting K-12 Career, Technical and Adult Education Partners
September 6, 2023
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Middle School Career Planning Course Requirements (SB 240)
Section 1003.4156, F.S., is amended to require that students enrolled in a middle school career and
education planning course must use, when available, Florida’s online career planning and work-based
learning coordination system, Xello
. Additional changes to the mandatory middle school career and
education planning course include teaching students: how to access and update their personalized
academic and career plan yearly in middle and high school, earn an accelerated high school diploma
under the
CTE Graduation Pathway pursuant to s. 1003.4182(10), F.S., and engage in work-based
learning opportunities, such as internships, preapprenticeships and apprenticeships. Visit the FDOE's
recently updated
College and Career Planning site to access resources on this topic. Contact Damera
Hopkins, Florida Department of Education’s School Counseling Consultant for Elementary and Middle
School, at
Damera.Ho[email protected]rg with questions on middle school counseling.
Industry Scholar Designation (SB 240)
Section 1003.4285, F.S., for standard high school diploma designation is amended to rename the Merit
designation for industry certification attainment to the Industry Scholar designation. Districts should
review documentation and update communications to students and parents as needed.
TEACHER CERTIFCATION AND PREPARATION
Non-degreed Teachers of Career Programs (SB 240)
Section 1012.39, F.S., is amended to lower the number of required years of occupational experience for
teachers of career programs from 6 years to 3 years. District school boards may still establish alternative
qualifications when the teacher holds an industry certification related to the career area in which they
teach. The amendment also clarifies that only full-time teachers of career programs are required to receive
certification-related training. Training from an educator preparation institute was removed from the list of
training options for teachers of career programs. Demonstration of successful teaching practice was also
removed from the list of district-issued teacher certification requirements. District and school personnel
administrators shall update hiring and certification policies and practices to reflect these amendments.
2023 Legislation Affecting K-12 Career, Technical and Adult Education Partners
September 6, 2023
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Adjunct Teaching Certificate (SB 240)
Section 1012.57, F.S., is amended to recognize industry certification attainment in the subject area to be
taught as a valid means of demonstrating subject area mastery for adjunct teaching certification. District
and school personnel administrators shall be notified of this change and ensure hiring and certification
policies and practices are updated.
Teacher Inservice Hours for CTE Activities (SB 240)
Section 1012.585, F.S., is amended to require that district school boards include in their in-service master
plan the ability for teachers to receive in-service points for supporting students in or receiving training
related to career and technical education activities that extend outside of regular school hours, such as
career and technical student organization activities. In-service master plans should be updated to reflect
this change for the 2023-24 school year.
Thank you for implementing these important changes.
KO/es
Appendix – School District Actions for K-12 CTE Programs Following the 2023 Legislative Session
May require local policy
and/or procedures
review
May require data or
information to be
submitted to the state
education courses.
Yes. The district will be
required to review finance
procedures for
disbursement of funds
within the district.
None expected.
through dual enrollment
Yes. The district will be
required to review finance
procedures for
disbursement of funds
within the district.
Yes. Survey 5 reporting
of additional student
membership FTE will be
required for 2023-24 for
funding in the 2024-25
fiscal year.
industry certification in a single career
pathway
Yes. The district will be
required to develop
procedures to disburse
funds and any related
teacher bonuses.
No additional reporting
required.
Certification Related Funds (SB 240)
Yes, the district will need
to review policies and
procedures.
None expected.
Incentive Grant Program (SB 240)
None expected.
Dependent on the grant.
None expected.
None expected.
240)
Yes. The district will be
required to review finance
procedures for
disbursement of funds
within the district.
None expected.
May require local policy
and/or procedures
review
May require data or
information to be
submitted to the state
School Graduation (SB 240)
Yes, revising policies and
procedures.
None expected.
Career and Technical Student Organizations
(CTSO) Activities (SB 240)
Yes, revising policies and
procedures.
Yes, district will be
required to report credits
awarded to FDOE.
None expected.
None expected.
Yes, revising policies and
procedures.
None expected.
(SB 240)
Yes.
None expected.
Insurance Premiums (SB 240)
Yes.
None expected by
FDOE.
and Seniors (SB 240)
Yes.
None expected.
Education and Planning Options (SB 240 &
196)
Yes.
None expected.
Requirements (SB 240)
Yes.
None expected.
Yes.
None expected.
(SB 240)
Yes.
None expected.
Yes, updating hiring
practices.
None expected.
(SB 240)
Yes, updating inservice
master plans.
None expected.