Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-20.0131: Critical Teacher Shortages
PURPOSE AND EFFECT: The purpose of this rule amendment is to update the rule language to include additional data elements that must be used when analyzing the Critical Teacher Shortage areas. These updates are also being made to be compliant with Senate Bill 736, The Student Success Act. The effect is a rule aligned with Florida Statutes.
SUMMARY: Section 1012.07, Florida Statutes, was amended to provide further clarity on determining and indentifying critical teacher shortage areas. The proposed rule amendment further clarifies the definition of critical teacher areas in relation to workforce demands and emerging educational requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for SERC was triggered under Section 120.541(1), F.S., and; 2) based on past experiences with the Critical Teacher Shortages and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1001.02, 1012.07 FS.
LAW IMPLEMENTED: 1012.07 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 28, 2012, 8:00 a.m.
PLACE: Tallahassee, Florida (The physical location will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathy Hebda, Deputy Chancellor for Educator Quality, 325 W. Gaines St., Suite 1502, Tallahassee, FL 32399, (850)245-0509

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-20.0131 Critical Teacher Shortages.

(1) On or before January 31 December 1 of each year, the Commissioner shall recommend to the State Board for approval the specific teaching areas and high priority locations in which critical teacher shortages are projected for the public schools during the year following the academic year in which approval is made.

(2) In accordance with procedures approved by the Commissioner, a list of critical teacher shortage areas shall be prepared based on consideration of current supply and demand information, vacancy information in each teaching discipline, and emerging educational requirements. In addition, data related to Florida public school instructional personnel shall include including but not be limited to:

(a) The number and percentage of vacant positions in each teaching discipline;

(a)(b) The number and percentage of positions in each discipline filled by teachers not certified in the appropriate field;

(b)(c) The projected annual supply of graduates of state approved Florida teacher education programs for each discipline; and

(c)(d) Critical teacher shortage areas which may be identified pursuant to rules adopted by district school boards. Such areas shall be identified based on consideration of at least the information specified in paragraphs (2)(a) and (b) of this rule and shall be submitted to the Department no later than June 1 of each year.

(3) Based on data submitted annually by each school district, the Commissioner shall rank all public schools in accordance with the criteria provided in Section 1012.07, Florida Statutes, and shall select from this ranked list those schools to be identified as high priority locations.

(4) Based on the recommendations of the Commissioner, the State Board shall adopt a list of approved critical teacher shortage areas and high priority locations to be used in conjunction with the programs described in Rules 6A-20.012 and 6A-20.013, F.A.C.

Rulemaking Specific Authority 1001.02(1), 1012.07(1) FS. Law Implemented 1009.58, 1009.59, 1012.07 FS. History–New 5-24-84, Formerly 6A-7.16, 6A-7.016, Amended 10-18-94, 5-3-01,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 4, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011