Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-10.0342: Vocational Education Program Performance Reporting
PURPOSE AND EFFECT: The purpose of this amendment is to align the accountability mechanisms prescribed in statute with the accountability section of Florida’s State Plan for the Carl D. Perkins Career and Technical Education Act.
SUMMARY: The rule is being amended to reflect how the Department will implement policy in compliance with Section 1008.43(1)(a), Florida Statutes.
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. Pursuant to the Department’s economic analysis of the rule, as required by the Office of Fiscal Accountability and Regulatory Reform, it has been determined that legislative ratification is not required.
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: 1008.43 FS.
LAW IMPLEMENTED: 1008.43 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 20, 2011, 8:30 a.m.
PLACE: Valencia Community College, West Campus, 1800 South Kirkman Road, Building HSB, Room 105, Orlando, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Bureau Chief, Budget, Accountability and Assessment, 325 West Gaines Street, Room 744, Tallahassee, Florida 32399-0400, (850)245-9002, tara.goodman@fldoe.org

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-10.0342 Career and Technical Vocational Education Program Performance Reporting.

(1) The Department will annually calculate and publish secondary and postsecondary program improvement targets for each of the performance measures for which career and technical education job-preparatory/occupational programs are to be accountable. Methods for the calculation of the program improvement targets will include the following:

(a) The program performance measures that are expressed as percentages or rates (the placement rate, productivity rate, more advanced academic skills rate, and the targeted population enrollment reporting rate) will have targets that will require greater performance improvement when the rates are lower in value and lesser performance improvement when the rates are higher in value. Program improvement targets will be calculated specifically for programs within each educational level.

(b) The program performance measures that are expressed as amounts (the program full-time/full-quarter earnings measure and the institutional full-time/full-quarter earnings measure) will have targets that will be based on the range of full-time/full-quarter earnings for all comparable programs and all institutions at the same educational level across the state.

(c) The basic skills measure is self-targeting inasmuch as it requires one hundred (100) percent of the program completers to receive or be eligible for a high school diploma.

(2) For the completion and placement rate calculations, “career and technical education concentrator” is defined as the following: Minimum performance standards for the placement rate and productivity rate will be seventy (70) percent and twenty (20) percent, respectively, for postsecondary programs. Minimum program improvement targets will equal or exceed these minimum performance standards.

(a) Secondary – A secondary student who has earned three (3) or more credits in a single career and technical education program, or two (2) credits in a single career and technical education program, but only in those programs where two (2) credit sequences at the secondary level are recognized by Rule 6A-6.0571, F.A.C., Career and Technical Education and Adult General Education Standards and Industry-Driven Benchmarks and/or its local eligible recipients.

(b) Postsecondary Clock Hour Programs – A postsecondary student who completes at least one-third of the academic and/or technical hours in a clock hour career and technical education program that terminates in the award of an industry-recognized credential, certificate or degree.

(c) Postsecondary Credit Hour Programs – A postsecondary student who completes at least one-third of the academic and/or technical hours in a college credit career and technical education program that terminates in the award of an industry recognized credential, certificate or degree.

(3) The completion rate for secondary programs shall be calculated as follows: The numerator shall be the number of senior career and technical education concentrators who attained a 1) standard high school diploma, 2) General Educational Development (GED) credential or Adult High School diploma, or 3) proficiency credential, certificate or degree, in conjunction with a secondary school diploma. The denominator shall be the number of senior career and technical education concentrators who have left secondary education in the reporting year. The 2011-12 target shall be 96%. For 2012-13 and subsequent years the target shall be 97%. The Department will calculate placement, productivity, and institutional earnings measures for all enrolled students and for enrolled targeted population students. The measures based on enrolled targeted students will use the same program improvement targets as were calculated based on all enrolled students for these measures.

(4) The placement rate for secondary programs shall be calculated as follows: The numerator shall be the number of career and technical education concentrators from the prior year who completed secondary school and who were placed in postsecondary education, employment, and/or military service in the 2nd quarter (October-December) after leaving secondary education during the reporting year. The denominator shall be the number of career and technical education concentrators from the prior year who completed secondary school. The 2011-12 target shall be 81%. For 2012-13 and subsequent years the target shall be 82%. Exceptional education students (except gifted) and students enrolled in state-approved drop-out prevention programs under modified curriculum or standards and/or without a certified vocational teacher are not included in the calculation of the more advanced academic skills performance measure.

(5) The completion rate for postsecondary clock hour programs shall be calculated as follows: The numerator shall be the number of career and technical education concentrators who received an industry-recognized credential or a certificate during the reporting year. The denominator shall be the number of career and technical education concentrators who left postsecondary education during the reporting year. The 2011-12 target shall be 58%. For 2012-13 and subsequent years the target shall be 58.25%. Beginning in the 1994-95 school year, and annually thereafter, the Department will conduct a program review of a postsecondary program anytime three (3) or more of the performance measures fail to meet or exceed established targets.

(6) The placement rate for postsecondary clock hour programs shall be calculated as follows: The numerator shall be the number of career and technical education concentrators from the prior year who received a credential, degree or certificate who were placed in postsecondary education, employment and/or military service in the 2nd quarter (October-December) after leaving postsecondary education. The denominator shall be the number of career and technical education concentrators from the prior year who received a credential, degree or certificate. The 2011-12 target shall be 84.55%. For 2012-13 and subsequent years the target shall be 84.60%. Beginning in the 1994-95 school year, and annually thereafter, school districts and community colleges will develop an improvement plan of a postsecondary program anytime a performance measure fails to meet or exceed minimum performance standards.

(7) The completion rate for postsecondary credit hour programs shall be calculated as follows: The numerator shall be the number of career and technical education concentrators who received an industry-recognized credential, a certificate, or a degree during the reporting year. The denominator shall be the number of career and technical education concentrators who left postsecondary education during the reporting year. The 2011-12 target shall be 49%. For 2012-13 and subsequent years the target shall be 50%. Beginning in the 1996-97 school year, and annually thereafter, school districts and community colleges will develop an improvement plan for a postsecondary program whenever the program fails to meet or exceed any three or more of the performance improvement targets for three (3) consecutive years.

(8) The placement rate for postsecondary credit hour programs shall be calculated as follows: The numerator shall be the number of career and technical education concentrators from the prior year who received a credential, degree or certificate who were placed in postsecondary education, employment and/or military service in the 2nd quarter (October-December) after leaving postsecondary education. The denominator shall be the number of career and technical education concentrators from the prior year who received a credential, degree or certificate. The 2011-12 target shall be 88%. For 2012-13 and subsequent years the target shall be 89%. Beginning in the 1994-95 school year, and annually thereafter, the Department will report to the State Board for Vocational Education; boards of trustees; school boards; and the State Board of Independent Postsecondary Vocational, Technical, Trade and Business Schools the results of program reviews and improvement plans implemented by affected schools as prescribed in Section 239.233(1)(b)5., Florida Statutes.

(9) If a program fails to achieve both the completion and placement targets and the average full-time/full-quarter earnings of completers is below the 25th percentile in the state for that program, the program will be flagged in performance reports produced by the Department and the school district or college will be notified by the Department.

Rulemaking Specific Authority 1008.43 239.233(1)(b)5. FS. Law Implemented 1008.43 239.233(1)(c), 239.233(1)(d) FS. History–New 10-4-93, Amended 2-16-94,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Loretta Costin, Chancellor, Division of Career and Adult Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 6, 2011