Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-6.0981: School District Virtual Instruction Program
PURPOSE AND EFFECT: The purpose of this rule is to adopt requirements for administering the School District Virtual Instruction Program and to adopt the application form to be used by providers applying for approved status from the Department. The effect will be a rule which clearly prescribes the purpose of the program and the process to apply as a provider consistent with governing statutes.
SUMMARY: The proposed rule establishes requirements for the School District Virtual Instruction Program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1002.45(12) FS.
LAW IMPLEMENTED: 1002.45 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 21, 2008, 8:30 a.m.
PLACE: Tampa Airport Marriott, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jean Miller, Acting Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Room 522, Tallahassee, Florida 32399-0400, (850)245-0502

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0981 School District Virtual Instruction Program.

(1) Purpose. Section 1002.45, Florida Statutes, requires school districts, beginning with the 2009-2010 school year, to provide eligible students within its boundaries the option to participate in a virtual instruction program. The program must be full-time for K-8 students and may be full-time or part-time for students in grades 9-12 in Department of Juvenile Justice Education Programs, dropout prevention programs, vocational programs, or career education programs. Each school district’s virtual instruction program may be operated by the district or by virtual instruction program contracted providers. Virtual instruction program providers must be approved by the Department of Education.

(2) Application Form. Form VSP – 02, District Virtual Instruction Program Application, will be used for those virtual education providers applying for approved status from the Department of Education. Form VSP-02 is hereby incorporated by reference and made a part of this rule to become effective with the effective date of this rule. Form VSP-02 will be published electronically at www.floridaschoolchoice.org. or a hard copy may be obtained by contacting the Office of Independent Education and Parental Choice, Florida Department of Education, 325 West Gaines Street, Room 522, Tallahassee, Florida 32399.

(3) Application. For the 2009-10 school year, Form VSP-02 will be available on-line at www.floridaschoolchoice.org; the application date for providers to begin submission shall be published at www.floridaschoolchoice.org and the application shall remain open for thirty (30) calendar days. Each year thereafter, Form VSP-02 will be available online beginning September 1 for providers intending to contract with school districts in the subsequent school year. Applications will be due on or before November 1.

(4) The Department of Education will review each application and provide the applicant with a written decision regarding the approval or denial of the application no later than forty-five (45) calendar days after November 1. Approved providers will be posted to the website, www.floridaschoolchoice.org, no later than March 1 each year.

(5) Notice of Denial. If the application is denied, the applicant will receive written notification identifying the specific areas of deficiency. The applicant shall have forty-five (45) calendar days after receipt of the notice of denial to resolve any outstanding issues, and resubmit their application for reconsideration. The applicant will receive a final notice of approval or denial no later than February 28 of each year. If an application is denied a second time, the Department of Education will provide a final written notice to the provider indicating that the application has been administratively closed and that the provider may apply during the next application phase in accordance with subsection (3) of this rule.

Specific Authority 1002.45(12) FS. Law Implemented 1002.45 FS. History–New_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jean Miller, Acting Executive Director, Office of Independent Education and Parental Choice
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 11, 2008