Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-6.021: State of Florida High School Diplomas
PURPOSE AND EFFECT: The purpose of this rule amendment is to implement a computer based version of the GED Test® series in approved Florida testing centers. This GED Test® series is used by the Florida Department of Education to award high school equivalency diplomas. A computer-based version of the test will be available through GED Testing Service® beginning in 2012.
SUMMARY: The rule is amended to include authority and procedures for the administration of a computer-based version of the GED Test® series. In addition, the testing fee for the computer-based version of the test will be established and amendments to the fees for duplicate transcript and diplomas will be established.
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: Based on past experiences with rules amending testing format, fee schedules 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), Florida Statutes.
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: 1003.435 FS.
LAW IMPLEMENTED: 1003.435 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 10, 2012, 7:30 a.m.
PLACE: Tampa Airport Marriott, Hillsborough Grand Ballroom, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rod Duckworth, Chancellor, Division of Career and Adult Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400, Rod.Duckworth@fldoe.org, (850)245-0446

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.021 State of Florida High School Diplomas.

The Commissioner shall award a State of Florida high school diploma pursuant to Section 1003.435, F.S., to a candidate who meets all of the requirements prescribed herein and has attained on each of the five (5) GED® tests General Education Development Tests a minimum score of 410 or above on a scale of “0” to “800”, with an average score of 450.

(1) The Department shall designate official testing centers in the state which are authorized to act as agents of the state in administering the GED® tests Tests. For paper-based administrations of the 2002 GED® test series, the The Department shall provide tests and test materials annually to the official testing centers, provide test scoring and reporting services, maintain a perpetual record of individual test results, and issue state of Florida high school diplomas to successful candidates. For computer-based administrations of the 2002 GED® test series, the Department shall maintain a perpetual record of individual test results and issue state of Florida high school diplomas to successful candidates.

(2) Each official testing center shall establish a schedule for testing which adequately meets the needs of the candidates within its service area.

(3) For paper-based administrations of the 2002 GED® test series, each testing center Each district shall establish a fee of not less than the total national and state required fees nor more than seventy (70) dollars for each candidate taking the entire test battery consisting of the five (5) GED® tests Tests. This fee shall be paid at the time the application is filed. A fee of not less than the total national and state required fees nor more than the fourteen (14) dollars shall be paid by each candidate for each retake of the Social Studies, Science, Reading, and Mathematics tests. A fee of not less than the total national and state required fees nor more than sixteen (16) dollars shall be paid by the candidate for each retake of the Writing Skills Test. However, the school board, community college, or agency administering the testing center may authorize the waiver, on a uniform or, on an individual basis, of all or any portion of the fees prescribed in this subsection.

(4) For computer-based administrations of the 2002 GED® test series, each testing center shall establish a fee of twenty-six (26) dollars for each of the following sub-tests: Social Studies, Science, Reading, Mathematics, and Writing Skills. This fee shall be paid at the time of registration for the test.

(5)(4) In order to defray state costs for the testing program, each school board, community college, or agency administering the GED® tests Tests shall remit to the Department the following fees:

(a) For paper-based test administrations, entire Entire battery of five (5) tests: twenty-eight (28) dollars.

(b) For paper-based test administrations, retake Retake of the Social Studies, Science, Reading, and Mathematics tests: seven (7) dollars.

(c) For paper-based test administrations, retake Retake of the Writing Skills test: eight (8) dollars.

(d) Duplication of diploma: eight (8) six (6) dollars.

(e) Duplication of transcript: eight (8) six (6) dollars.

(f) Conversion of scores from applicants who have taken the GED® tests series in the military or other states: ten (10) dollars.

(6)(5) The Chief Examiner of each official testing center shall inform all candidates of testing opportunity and retesting limitations.

(7)(6) Each candidate taking the GED® tests Tests will be issued an official transcript of scores. For a paper-based administration a A candidate who fails to attain the required minimum scores on the initial GED® tests Tests may test a maximum of three (3) times in each subject area during the GED contract year. For computer-based administrations, a candidate who fails to attain the required minimum scores on the initial GED® tests may test the maximum number of administrations allowed by GED Testing Service® within a calendar year.

(a) Each request directed to the Department for duplication of diploma shall be charged at a rate of eight (8) six (6) dollars.

(b) Each request directed to the Department for duplication of transcript shall be charged at a rate of eight (8) six (6) dollars.

Rulemaking Specific Authority 1001.02(1), 1003.435(1), (5) FS. Law Implemented 1003.435 FS. History–Amended 2-20-64, 4-11-70, 6-7-70, 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 6-7-77, 1-1-79, 9-1-79, 12-7-82, 7-10-85, Formerly 6A-6.21, Amended 12-21-87, 3-1-98, 5-19-08, 9-22-08,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Rod Duckworth, Chancellor, Division of Career and Adult Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 2, 2012