Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-6.0573: Industry Certification Process.
PURPOSE AND EFFECT: The purpose of this rule is to establish a process for creating and maintaining the “Comprehensive Industry Certification List” and “Industry Certification Funding List” relative to the Career and Professional Academy Act, pursuant to Section 1003.492(2), Florida Statutes.
SUMMARY: The rule establishes a process for adopting the “Comprehensive Industry Certification List,” sets a date certain for publication of the “Comprehensive Industry Certification List,” provides the criteria and process for funding the Bonus FTE, creates a process for school districts to register as Career and Professional Academies, and provides performance criteria.
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: 1003.492(2) FS.
LAW IMPLEMENTED: 1003.491, 1003.492, 1003.493 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 19, 2008, 8:30 a.m.
PLACE: 400 South Monroe Street, Room LL03, The Capitol, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Workforce Education, Department of Education, 325 West Gaines Street, Room 744, Tallahassee, Florida; (850)245-9029

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0573 Industry Certification Process.

(1) Pursuant to Section 1003.492(2), Florida Statutes, Workforce Florida, Inc.’s approved list of industry certifications, which has been named the “Comprehensive Industry Certification List, April 2008” is adopted by the State Board of Education and incorporated by reference in this rule.

(2) The “Comprehensive Industry Certification List” shall be published by March 1 of each calendar year.

(3) “Industry Certification Funding List.” The Department of Education shall review the approved “Comprehensive Industry Certification List” to identify program-to-certification linkages and to identify certifications deemed sufficiently rigorous academically and, thus, eligible for bonus FTE funding, pursuant to Section 1011.62(1)(q), Florida Statutes.

(a) This list will be known as the “Industry Certification Funding List,” which is incorporated by reference in this rule to become effective with the effective date of this rule.

(b) To be considered for bonus funding and included on the “Industry Certification Funding List” in this paragraph, a certification shall meet the following criteria for academic rigor:

1. The certification shall be on the “Comprehensive Industry Certification List.”

2. The certification shall be achievable by students in a secondary level program.

3. The certification shall require a minimum of one hundred fifty (150) hours of instruction.

4. The certification shall have been offered for at least one year in a school district.

(c) The Commissioner of Education may waive the one year requirement when failure to do so would inhibit preparation of students for emerging workforce opportunities.

(4) The Department of Education shall publish annually a final “Industry Certification Funding List,” to be incorporated by reference in rule.

(a) The Department of Education shall produce annually a preliminary “Industry Certification Funding List” no later than March 15 and shall show the program-to-certification linkages for which registered career and professional academy students may be reported for bonus funding by school districts under Section 1011.62(1)(q), Florida Statutes.

(b) Following the release of a preliminary list, school districts shall be provided a period of time to request additional program-to-certification linkages prior to publication of the final “Industry Certification Funding List” for the following school year.

(c) To add a specific program-to-certification linkage to the final “Industry Certification Funding List” for the following school year, school districts offering career and professional academies under Section 1003.493, Florida Statutes, may submit requests, along with supporting documentation, to the Department of Education.

1. Supporting documentation shall include a statement of justification and other resource material to illustrate the correlation between the program standards and the certification examination competencies.

2. Requests shall be submitted no later than April 15 for inclusion on the final “Industry Certification Funding List.”

3. The Department of Education shall review each request according to the above criteria and respond to the submitting school district within forty-five (45) days of receipt.

4. If the request is denied, a specific reason for denial shall be included in the response to the school district.

(5) The final “Industry Certification Funding List” for the school year shall be published no later than the July 1, preceding the beginning of the school year.

(6) Conditions for bonus FTE funding pursuant to Section 1011.62(1)(q), Florida Statutes.

(a) A school district may report a student for bonus FTE membership under the following conditions, for a maximum of one 0.3 bonus per student:

1. Student is enrolled in a registered career and professional academy.

2. Student completes a certification on the “Industry Certification Funding List.”

3. The course enrollment is reported in a secondary career and technical education program which has been linked to the final “Industry Certification Funding List.”

4. An industry certification may only be reported once for funding per student.

5. Student receives a high school diploma.

(b) A maximum of one certification may be reported for a course.

(c) School districts may report students who complete industry certifications during the update period allowed by the Department of Education for survey 5 after an initial submission.

(7) Registration of Career and Professional Academies.   The Department of Education shall maintain a website for school districts to register career and professional academies that meet the requirements of Section 1003.493, Florida Statutes.

(a) School districts shall submit up-to-date information on each career and professional academy through a reporting window of July 15 to September 15, annually on Form ICP-1 located on the Department’s web site at http://www.fldoe.org/workforce/. Form ICP-1 is hereby incorporated by reference to become effective with the effective date of this rule. The required information shall include, but is not limited to, the following: academy name and school and a list of industry certifications offered to students in the academy selected from the final “Industry Certification Funding List.”

(b) As part of the registration process, superintendents shall certify that each academy meets all of the requirements of Section 1003.493, Florida Statutes.

(c) Eligibility for funding under Section 1011.62(1)(q), Florida Statutes, is limited to academies registered with the Department of Education.

(d) Academies shall be registered by September 15 of the reporting year for their students to be eligible to generate bonus funding based on the completion of industry certifications.

(8) Performance Criteria.

(a) The performance criteria specified in Section 1003.493(5), Florida Statutes, shall be calculated in the following manner:

1. The denominator is the number of students in the career course who took the industry certification examination or who attempted college credit for their enrollment in the career course.

2. The numerator is the number of students in the denominator who successfully passed an industry certification on the “Industry Certification Funding List” or who earned college credit.

(b) A school district that fails to meet the performance criteria specified in Section 1003.493(5), Florida Statutes, may not offer that industry certification in the academy in the subsequent year.

(c) In the annual registration process for the academy, the school district can no longer report an industry certification that fails to meet the performance criteria in the academy and will not be eligible to receive bonus FTE for that industry certification under the requirements of Section 1011.62(1)(q), Florida Statutes.

Specific Authority 1003.492(2) FS. Law Implemented 1003.491, 1003.492, 1003.493 FS. History–New__________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Goodman, Workforce Education, Department of Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Lucy Hadi, Chancellor, Workforce Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 7, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 4, 2008