Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-6.0784: Approval of Charter School Governance Training
PURPOSE AND EFFECT: This is a new rule to establish procedures for the approval of charter school governance training submitted to the Department of Education by potential training providers. The effect of this rule is to provide consistency to the instructional components, submission, review, and approval of charter school governance training.
SUMMARY: This rule provides for the implementation of Section 1002.33, Florida Statutes, relating to the requirement for governing bodies of charter schools in Florida to participate in governance training that has been approved by the Department of Education.
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: 1002.33(24) FS.
LAW IMPLEMENTED: 1002.33(9)(k) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 17, 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-6.0784 Approval of Charter School Governance Training.

The following provisions are established for the approval of charter school governing board training submitted to the Florida Department of Education for approval pursuant to Section 1002.33, Florida Statutes.

(1) General training requirements.

(a) Beginning with the effective date of this rule, every member of the governing body of a charter school operating in Florida shall participate annually in governance training on or before August 1 of each calendar year. The training must be delivered consistent with a training plan that has been submitted and approved by the Department as described in this rule.

(b) Training for charter school governing boards with one or more members who have had no previous board service or have served on the board for less than ninety (90) days must include a minimum of four (4) hours of instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(k), Florida Statutes.

(c) A minimum of two (2) hours of refresher instruction on the four (4) topics in Section 1002.33(9)(k), Florida Statutes, may be offered if a charter school’s governing board is composed entirely of members who have served continuously on the school’s board for ninety (90) days or more, and all board members have completed four (4) hours of instruction as described in paragraph (1)(b) of this rule.

(d) Instruction beyond the hours specified in paragraphs (1)(b) and (c) of this rule may be included in the training plan to address additional topics generally recognized and supported by research or practitioners as important for effective governing board operation.

(e) Each charter school is responsible for contracting with or providing a trainer who delivers governance training consistent with a governance training plan that has been approved by the Department.

(2) Governance training plans.

(a) For the purpose of this rule, a training plan is a written instructional document describing the instructional design for charter school governing board training which includes measurable performance objectives, instructional content, delivery strategies, learning activities, and assessment for training to fulfill the statutory requirements for charter school governing board instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(k), Florida Statutes. The training plan may include, but not be limited to, traditional instructional settings, individualized learning modules, and online education.

(b) A governance training plan submitted for review and approval by the Department shall address each of the following components:

1.  Description of the content to be delivered that fulfills all topics identified in Section 1002.33(9)(k), Florida Statutes, and is consistent with the hours of instruction specified in paragraphs (1)(b) and/or (1)(c) of this rule,

2. Additional topics to be addressed during the training,

3. Measurable learning objectives that specify the performance required,

4. Description of instructional strategies, activities and presentation materials,

5. Methods to be used to measure the stated learning objectives, overall training performance, and provider effectiveness,

6. Length of time required for training,

7. References used in developing the training,

8. Certification that the training has been developed and is owned by the provider or that the provider is licensed to use the training for purposes pursuant to Section 1002.33, Florida Statutes, and

9. Qualifications and experience of all persons who will be actively involved in providing training.

(3) Submission and review of training plans.

(a) Potential training providers shall complete Form IEPC-9, Charter School Governance Training, Training Plan Approval Application, for submitting a charter school governance training plan for review and approval. Form IEPC-9 is hereby incorporated by reference to become effective with the effective date of this rule. Copies of the form may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(b) After completing and signing the form, a training provider seeking approval must submit the original and five (5) copies of the form to the Office of Independent Education and Parental Choice as described on the form.

(c) The Commissioner of Education shall appoint a committee to review charter school governance training plans. The review team shall be appointed by the Commissioner of Education and composed of individuals with knowledge in education, finance, governance, and law. A training plan submitted for approval to the Department will be reviewed within thirty (30) days of receipt to determine compliance with the components identified in paragraph (2)(b) of this rule.

(d) The review team’s findings will be consolidated and provided as recommendations to the Commissioner or designee. Using the recommendations of the committee, the Commissioner shall determine if the provider has met the criteria for approval or denial. Within ten (10) working days following the Commissioner’s determination, the Department shall send a written notification to the proposed provider regarding the outcome of the training plan review.

(e) The names of training providers whose training plans have been approved to meet requirements of Section 1002.33(9)(k), Florida Statutes, will be posted on the Department’s website at http://www.floridaschoolchoice.org and will be available in hard copy upon request to the Office of Independent Education and Parental Choice. Governance training that was delivered between January 1, 2008, and the effective date of this rule will be considered to have met statutory requirements if it was delivered pursuant to a training plan subsequently approved by the Department and reported as described in subsection (5) of this rule.

(f) A notice of denial of approval shall be sent to proposed training providers who submitted plans that do not comply with the components identified in paragraph (2)(b) of this rule. The notice of denial will identify specific areas of program weakness that must be corrected prior to reconsideration for approval. The provider shall have sixty (60) days after receipt of the notice of denial to resolve any outstanding issues, including submission of a revised training plan for reconsideration and review pursuant to paragraphs (3)(b), (c), and (d) of this rule. If issues with the training plan have not been resolved within sixty (60) days after receipt of the original notice of denial or any subsequent notice of denial following reconsideration of the revised training plan, whichever is later, the application for approval shall be administratively closed. After sixty (60) days from the date the application is administratively closed, a new training plan may be submitted to the Department as described in paragraphs (3)(a) and (b) of this rule.

(4) Length of approval and renewal of training plans.

(a) Each approval or extension shall be granted for a period of time determined by the Department of Education, but shall not exceed two (2) years from the date of approval.

(b) No earlier than six (6) months prior to the expiration of approval, a training provider may submit a request for extension of an approved training plan by completing and submitting Form IEPC-10, Charter School Governance Training, Application to Renew an Approved Training Plan. Form IEPC-10 is hereby incorporated by reference to become effective with the effective date of this rule and will be available electronically on the Department’s website at http://www.floridaschoolchoice.org or may be obtained from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c)  A request for training plan renewal submitted for approval to the Department will be reviewed within thirty (30) days of receipt to determine continued compliance with the components identified in paragraph (1)(b) of this rule.  Within ten (10) working days following the Commissioner’s determination, the provider will be notified in writing of the Department’s decision to renew the plan or not to renew.  If a training plan is not renewed, a provider may submit a new training plan to the Department as described in paragraphs (3)(a) and (b) of this rule.

(5) Report of governing board training.

(a) Each training provider offering an approved training program in accordance with this rule shall submit a report of each governing board’s training to the Department and a copy of the report to the charter school director within thirty (30) days of the training. The charter school director is responsible for providing a copy of the report to the school’s sponsor within thirty (30) days of receiving the report from the trainer.

(b) Information to be reported shall include the name of the charter school governing board and individual members who received training, the date and location of the training, and whether or not the training objectives were achieved. The report shall be submitted electronically to the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) Each training provider offering an approved charter school governance training program shall provide a certificate of participation to every governing board member who completes the training and achieves the training objectives as stated in the training plan.

Specific Authority 1002.33(24) FS. Law Implemented 1002.33(9)(k) FS. History–New_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Paulette Mainwood, Office of Independent Education and Parental Choice
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jean Miller, Acting Executive Director, Office of Independent Education and Parental Choice
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 11, 2008