Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-6.0785: Charter School Applicant Training Standards
PURPOSE AND EFFECT: The purpose of this rule amendment is to update Rule 6A-6.0785, F.A.C., to reflect changes from the 2011 Legislative Session. Section 1002.33(6), Florida Statutes, was amended to require new applicant training after approval of an application, as well as to amend the topics required to be covered in the applicant training.
SUMMARY: Proposed revisions include modifying the training standards to align with statutory changes and amending the deadline for sponsors to submit a form.
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 been prepared by the agency. Districts opting to provide training may incur minimal costs relating to the notification of such training opportunities. 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: 1002.33(27) FS.
LAW IMPLEMENTED: 1002.33(6) 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: Adam Miller, Director of Charter Schools, Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 522, Tallahassee, Florida, (850)245-0502, or adam.miller@fldoe.org

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0785 Charter School Applicant Training Standards.

Training will be provided to charter school applicants in accordance with Section 1002.33(6)(f)(g), F.S.

(1)(a) Standards for charter school applicant training are specified in the Form IEPC-TS, Charter School Applicant Training Standards Certification Form 2009, hereinafter, Training Standards Certification Form IEPC-TS, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00560) which is hereby incorporated by reference to become a part of this rule to become effective ________, 2011 May 3, 2010.

(b) The Training Standards Certification Form IEPC-TS establishes the standards for charter school applicant training. The standards were developed by the Department pursuant to Section 1002.33(6)(f)(g), F.S., and address the following topics: charter school laws and rules, the application process, charter school sponsor duties and services, developing and adjusting business plans, accounting for projecting enrollment, estimating costs and income, accurate financial planning and good business practices, requirements of Financial and Program Cost Accounting and Reporting for Florida Schools as incorporated by reference in Rule 6A-1.001, F.A.C., charter school audit requirements, and identifying and applying for the types and amounts of state and federal financial assistance a charter school may be eligible to receive.

(c) Copies of the Training Standards Certification Form IEPC-TS may be obtained from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399, or on the School Choice web site at www.floridaschoolchoice.org.

(2) A sponsor intending to require charter school applicants to participate in training provided by the sponsor in lieu of the Department’s training pursuant to Section 1002.33(6)(g)2., F.S., must annually certify that the sponsor’s training standards meet or exceed the standards developed by the Department through the following process:

(a) The sponsor shall complete, sign, and submit a Training Standards Certification Form IEPC-TS prior to offering training to approved charter school applicants no later than January 31 May 1 of each year. The form shall be submitted to the Office of Independent Education and Parental Choice, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(b) Upon receipt of the Training Standards Certification Form IEPC-TS, the Department will, within ten (10) business days, notify the sponsor if the form is complete and satisfactorily demonstrates that the sponsor’s standards meet or exceed the standards developed by the Department. If the form is not complete, or if additional information is required, the Department will notify the sponsor in writing.

(c) Upon receipt of notification that the Training Standards Certification Form IEPC-TS has been accepted by the Department the sponsor shall:

1. Send written or electronic notification about the training requirement to all approved the prospective charter school applicants for the most recent application cycle known to the sponsor; and

2. Post a notice about the required training in a prominent place on the sponsor’s internet web site.; and

3. Verbally inform each charter school applicant of the training requirement at the time intent to submit an application is made known to the sponsor.

(3) A sponsor that does not intend to require charter school applicants to participate in training provided by the sponsor in lieu of the Department’s training shall provide notification of the applicant training requirement established by Section 1002.33(6)(f)(g)2., F.S., by sending written or electronic notification to all approved the prospective charter school applicants for the most recent application cycle known to the sponsor. The notification shall include the Department’s charter school web site.

(4) Applicant training must be offered annually by July 31 and scheduled in a manner that provides all approved applicants a reasonable opportunity to participate at least 30 days prior to the first day of classes at the charter school.

(5) Upon completion of the training, the provider shall present a certificate of participation to the applicant and maintain a record of the training date and the name and title of each attendee, including whether or not the attendee was a high-performing charter school or high-performing charter school system applicant.

(6) The sponsor may not require charter school applicants to attend sponsor training in lieu of the Department’s training prior to the effective date of the this rule as amended.

Rulemaking Authority 1002.33(26) FS. Law Implemented 1002.33(6)(g) FS. History–New 5-3-10, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice
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: July 22, 2011