1998 Florida Code
TITLE XVI EDUCATION
Chapter 228 Public Education: General Provisions  
228.502   The Education Success Incentive Program.

228.502  The Education Success Incentive Program.--

(1)  There is established the Education Success Incentive Program, administered by the Department of Education, to encourage students from low-income and disadvantaged backgrounds to maintain satisfactory academic progress and enroll in postsecondary institutions. The primary objective of the program is to provide socially and economically disadvantaged students with an incentive to stay away from drugs, obey the law, remain in school, graduate from high school, and enroll in and complete postsecondary education.

1(a)  The Commissioner of Education shall request proposals from school districts that wish to participate in the Education Success Incentive Program. An Education Success Incentive Council, consisting of one representative of the State University System appointed by the chancellor, one representative of the community colleges appointed by the Executive Director of the State Board of Community Colleges, one representative of the Florida Prepaid Postsecondary Education Expense Board appointed by the chair of the board, and six persons appointed by the Commissioner of Education, shall review and recommend proposals for funding to the commissioner. The commissioner's appointees to the council must include at least one public school superintendent, one public school guidance counselor or student support services person, one representative of a private or community-based organization with programs and objectives which are compatible with the goals of the program, one parent or guardian of a student eligible to participate in the program, and one representative of business and industry. The department shall allocate funds competitively. The commissioner shall request proposals for pilot projects within each state education region to be implemented during the 1990-1991 school year. At least one proposal shall be funded within each region, and at least one pilot project funded must be located at a rural high school.

(b)  Proposals shall be submitted by school districts for specific schools designated by the department as high-density urban or low-density rural schools in which the proportion of economically disadvantaged students is higher than the state average.

(2)  The department shall adopt guidelines for districts to use to develop proposals, including criteria for defining students as educationally and economically disadvantaged. At a minimum, an eighth grade student who is a member of a family which is eligible for free lunch or who is a member of a migrant family is economically disadvantaged. Students shall be defined as educationally disadvantaged based upon criteria which include test scores, grade point average, and progression, retention, and attendance rates. A district proposal must include:

(a)  Provision for coordination and articulation of comprehensive, academic, support, counseling, and other services for students in elementary, middle, and senior high schools.

(b)  Provision for special academic counseling and support services and financial aid advisement for students within the target school, whether or not such students are enrolled in the program.

(c)  Provision to identify students in grades below the eighth grade who are expected to meet the eligibility requirements for participation upon reaching grade nine.

(d)  Procedures and criteria to identify students eligible for participation and to select students for the program. Students may not enroll after the end of the eighth grade. Funds shall begin accruing to the accounts of students enrolled in the program beginning with the first semester of the ninth grade.

(e)  Procedures to develop an educational and support services plan, including a detailed description of the academic, guidance and counseling, and support services to be provided for each student in the program. The types of services provided must demonstrate good educational practice, including recruitment of mentors from business and industry, community volunteer participation, teacher or peer tutoring, teacher advisement, academic and personal counseling, family counseling, and home visits.

(f)  Staff development activities for personnel with direct responsibility for students in the program.

(g)  Procedures to select, train, and assign a mentor and a teacher adviser to each student in the program.

(h)  Procedures to provide for maximum parental and community involvement with the program.

(i)  An evaluation component that assesses the academic performance of students at the beginning of the program and at the end of each semester to develop baseline data.

(j)  Demonstration of the district's ongoing commitment to provide programs designed to improve the academic performance of disadvantaged students.

(k)  Procedures to report annually to the department on the progress of the students involved in the program. The department shall compile district reports into a statewide annual report which shall be submitted to the Legislature and Governor by August 1 of each year. District reports shall include:

1.  The name of each student enrolled in the program and the student's grade level at the time of enrollment.

2.  The student's academic performance, by course, each semester following enrollment in the program.

3.  The student's attendance rate and disciplinary record for each semester following enrollment in the program.

(l)  Procedures to recognize and reward students in the program, including banquets, plaques, trophies, and certificates.

(m)  Provision of after-school and summer programs which enable students in the program to visit college and university campuses and business and industry worksites, and which involve them in academic, cultural, and civic projects to augment and expand school-based academic and support services.

(3)  Each participating student and the student's parents, custodial parent, or guardian shall sign an agreement which requires the student to make satisfactory progress on his or her individual educational and support services plan, achieve a minimum cumulative grade point average of 2.5 on a scale of 4.0 for each semester, attend school regularly, pass each grade and course in school, refrain from using drugs or alcohol, obey the law, and have his or her report card and other progress reports reviewed by the student's designated mentor. The program administrator at each school shall monitor each student's compliance with the agreement and shall notify the student and the student's parents or guardian of any failure to make expected progress on any component of the agreement. If a student fails a component of the agreement or does not make expected progress toward such a component, the principal may place the student on probationary status or remove the student from the program, upon written recommendation to the principal by the program administrator. The student may remain on probationary status for a period not to exceed two semesters. Any student on probation who fails to achieve satisfactory progress on all components of the agreement for two successive semesters shall be removed from the program. The district school board shall provide written notification to the student's parent or guardian of its intent to place a student on probation or to remove him or her from the program. During the period when a student is on probation, all grant funds shall be held in reserve to be deposited into the student's account upon his or her reinstatement in the program. All grant funds reserved for a student who subsequently terminates participation in the program shall remain in the State Student Financial Assistance Trust Fund to implement this section. The school district must notify the department of any student who is placed on probation or removed from the program.

(4)  Funds appropriated for the program shall be deposited in the State Student Financial Assistance Trust Fund for allocation to the program in an account in the name of each student in the program.

(a)  Beginning with the first semester of the ninth grade, deposits shall be made each semester into the account of each student who maintains continuous enrollment in the program. The total amount deposited in the account shall be an amount equal to the total cost of education at a state university pursuant to a cost-of-education index developed by the department.

(b)  Each student in the program shall be issued a passbook to be updated each semester, showing the amount which has accrued to the student's account.

(5)  To receive the funds deposited in the State Student Financial Assistance Trust Fund and allocated to the program for the account, a student must:

(a)  Have met the eligibility criteria established under this section.

(b)  Enroll in a Florida public community college, state university, or public 2degree career education school within either of the two academic years following the participant's high school graduation.

(c)  Have successfully completed high school coursework under s. 232.246, and have achieved a cumulative grade point average of 2.5 on a 4.0 scale.

(d)  Present evidence that he or she has not been convicted or adjudicated delinquent of any felony as defined in ss. 775.08 and 775.081.

(e)  Have applied for the Pell Grant.

(6)  As a condition for continuation of the grant, a student must:

(a)  Achieve a cumulative grade point average of 2.5 on a 4.0 scale.

(b)  Make steady academic progress toward a certificate or degree, maintaining full-time enrollment standing for not fewer than two semesters in any academic year.

(7)  A student may use funds accrued to his or her account for tuition and fees, books and supplies, room and board, transportation, and personal expenses. However, funds for tuition and fees must be paid directly to the school.

(8)  A student may continue to receive grant funds for a period not to exceed the total number of credit hours required for completion of the student's major or program of study or until termination of attendance, whichever occurs earlier. A student receiving a grant may not receive any other state student financial aid awards.

(9)  The Office of Student Financial Assistance shall administer the program.

(a)  The office shall develop a cost-of-education index for the total cost of education at state universities, public community colleges, and public 2degree career education schools. The index for each type of institution shall specify a maximum amount which may be paid for a student for:

1.  Tuition and fees;

2.  Books and supplies;

3.  Room and board;

4.  Transportation; and

5.  Personal expenses.

(b)  From funds accrued to each participant's account, grant awards shall be made each semester in an amount equal to the student's total cost of education for that semester.

(c)  Payment for tuition and fees shall be transferred annually from the State Student Financial Assistance Trust Fund on behalf of the student in the program to the school, community college, or university which the student is attending before the registration period. An institution shall be requested to make refunds for students who receive award disbursements and terminate enrollment for any reason during the academic term when an institution's refund policies permit students to receive refunds under these circumstances. If a recipient transfers from one institution to another, the recipient's tuition and fee grant may be transferred. When a student transfers, the amount of the tuition and fee grant shall be recalculated by the department for the new institution pursuant to the appropriate cost-of-education index and shall be adjusted accordingly. A student who receives a grant and subsequently fails to meet academic progress requirements due to verifiable illness or other extenuating circumstances may be granted an exception from the academic requirements. Such student must make a written appeal to the institution, which appeal includes a description and verification of such circumstances. Verification of illness or other emergencies may include a physician's statement or written statement of a parent or college official. The institution shall recommend exceptions, with necessary documentation, to the department. Students may remain on leave status for no more than two semesters. Students who terminate enrollment may not receive any subsequent grant awards.

(d)  Grants for room and board, transportation, books and supplies, and personal expenses shall be paid by the department directly to the student pursuant to a schedule established by the department.

(e)  Grant funds reserved on behalf of a participant which are unexpended upon the student's graduation, termination of enrollment, or at the end of 5 years, whichever occurs earlier, shall remain in the trust fund and shall be available to implement this section.

(10)  Five percent of the total grant funds reserved annually for students enrolled in a district's program shall be allocated to each district participating in the program from the State Student Financial Assistance Trust Fund for program administrative costs.

(11)  Districts selected for participation in the Education Success Incentive Program shall receive priority for the receipt of other state funds for programs which support and enhance the goals and objectives of the program, including: teachers as advisers, high performance incentives, college reach-out, school restructuring, model technology schools, interagency student services, cities in schools, instructional strategies enhancements, model schools consortia, and any new programs created after July 2, 1990, to assist low-income and disadvantaged students to perform successfully in school and pursue a postsecondary education. A district receiving funds from such other programs must coordinate them to assure that they enhance rather than duplicate services provided to students in the Education Success Initiative Program. To accomplish this coordination, a district may request and the commissioner may grant waivers to rules or procedures governing the use and administration of funds provided by such other programs.

(12)  The Commissioner of Education may establish a direct-support organization which is:

(a)  A Florida corporation, not for profit, incorporated under the provisions of chapter 617 and approved by the Secretary of State.

(b)  Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the Education Success Incentive Program. The board of directors of the direct-support organization shall establish policies and procedures which enable private contributors to designate the name of the student, school, or geographic area for which contributions are being provided.

(c)  Subject to an annual postaudit by an independent certified public accountant in accordance with rules promulgated by the board. The annual audit shall be submitted to the Department of Insurance and the Auditor General for review. The Department of Insurance and Auditor General shall have the authority to require and receive from the organization or its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of a donor or prospective donor who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.

(13)  The Department of Education shall administer the Education Success Incentive Program pursuant to rules adopted by the Commissioner of Education.

History.--s. 5, ch. 90-236; s. 22, ch. 91-201; s. 5, ch. 91-429; s. 1, ch. 95-132; s. 1211, ch. 95-147; s. 44, ch. 95-280; s. 8, ch. 95-376; s. 74, ch. 96-406; s. 2, ch. 97-169; s. 82, ch. 97-190.

1Note.--Section 9(2), ch. 96-404, provides that, unless reenacted into law, the Education Success Incentive Council is dissolved effective July 1, 1997.

2Note.--The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.