Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-1.099: Cooperative Projects and Activities
PURPOSE AND EFFECT: The purpose of the amendment is to delete obsolete references and remove language for determining the ratio of administrators to teachers as it is no longer required by Florida Statutes. The effect is a rule aligned with current statutes.
SUMMARY: The proposed amendment will update the rule to be consistent with governing statutes and will not affect the procedures and processes associated with the rule.
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: 1001.02(1), 1001.42(14) FS.
LAW IMPLEMENTED: 1001.42(14) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 17, 2009, 8:30 a.m.
PLACE: Florida Department of Education, Turlington Building, 325 West Gaines Street, Suite 1703/07, Tallahassee, FL 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Champion, Deputy Commissioner for Finance and Operations, Department of Education, 325 West Gaines Street, Room 1214, Tallahassee, Florida 32399-0400

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.099 Cooperative Projects and Activities.

(1) District school boards are authorized to enter into cooperative or joint projects and activities as provided in Section 1001.42(14) 230.23(4)(j), Florida Statutes; provided however, that any disagreements which cannot be satisfactorily resolved by the parties to such agreements may be referred to the Commissioner whose decision shall be binding on all cooperating boards.

(2) through (f) No change.

(g) Employment of personnel. The consortium board of directors shall recommend establishment of positions and individuals for appointment to the district of record. Formal recommendation and approval of personnel shall be accomplished in accordance with statutory authority. Personnel shall be employed under the salary schedule and personnel policies of the district of record and shall be deemed to be public employees of the district of record. Where personnel are employed in an instructional capacity, contract status shall be consistent with provisions of Section 1012.33 231.36(9), Florida Statutes. For the purpose of determining the ratio of administrators to teachers as required in Section 229.565(2)(f), Florida Statutes, personnel of the consortium shall be counted on a prorated basis among member districts based on previous final unweighted FTE.

(h) through (i) No change.

Specific Authority 1001.02(1), 1001.42(14) 229.053(1)230.23(4)(j), (12) FS. Law Implemented 1001.42(14) 229.053(2)(h), (i), (j), 230.23(4)(j), (12) FS. History–New 2-20-64, Amended 9-17-72, Repromulgated 12-5-74, Amended 6-9-81, 9-27-84, Formerly 6A-1.99, Amended 5-26-02,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner for Finance and Operations
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 3, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 30, 2009