To incorporate by reference the full-time equivalent (FTE) student membership reporting instructions publication, “FTE General Instructions,” for fiscal year 2019-20, which supersedes the 2018-19 publication, and reduce from nine to eight weeks the ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0451Florida Education Finance Program Student Membership Surveys

PURPOSE AND EFFECT: To incorporate by reference the full-time equivalent (FTE) student membership reporting instructions publication, “FTE General Instructions,” for fiscal year 2019-20, which supersedes the 2018-19 publication, and reduce from nine to eight weeks the window of time within which an alternate survey date can be established by the Commissioner for a district or school that submits evidence that it had an abnormal fluctuation in FTE student membership or transported student membership at the time of the statewide survey.

SUMMARY: This amendment incorporates “FTE General Instructions, 2019-20,” which supersedes the 2018-19 publication, and reduces from nine to eight weeks the window of time within which an alternate survey date can be established by the Commissioner for a district or school that submits evidence that it had an abnormal fluctuation in FTE student membership or transported student membership at the time of the statewide survey.

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 agency experience with updating instructions for FTE reporting for school districts, the adverse impact of regulatory cost, if any, does not exceed, nor would be expected to exceed, any one of the economic analysis criteria set forth in section 120.541(2)(a), F.S. and will not require legislative ratification.

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: 1001.02(1), (2)(n), 1011.60(1), 1011.62(1), 1011.68, FS.

LAW IMPLEMENTED: 1011.62(1), 1011.68, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 15, 2019, 9:00 a.m.

PLACE: Government Services Building, 1769 E. Moody Blvd. #2, Bunnell, Florida 32110.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Florida Department of Education, 325 West Gaines Street, Room 814, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0451 Florida Education Finance Program Student Membership Surveys.

(1) The Commissioner shall prescribe the methods for completing and reporting full-time equivalent (FTE ) student membership surveys and transported student membership surveys in each school district for the Florida Education Finance Program (FEFP) in the publication titled “Full-time Equivalent (FTE) General Instructions, 2019-20 2018-19,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-09833), which is hereby incorporated by reference in this rule. Effective December 2019 July 1, 2017, rules for student eligibility and reporting requirements for transportation are incorporated in “FTE General Instructions” as an appendix. The instructions may be obtained from the Bureau of School Business Services, Office of Funding and Financial Reporting, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(2) The Commissioner shall have the authority to establish for any school district or school an alternate date for an FTE student membership survey or transported student membership survey within eight (8) nine (9) weeks of the regular statewide survey if evidence is submitted by the school district that indicates an abnormal fluctuation in student membership has occurred at the time of the statewide survey. The alternate date shall be established by the Commissioner prior to conducting the survey. In determining what constitutes an abnormal fluctuation, the Commissioner shall examine the historical trends in student membership and limit consideration to changes in which there is a variation in excess of twenty-five (25) percent in any school, or five (5) percent in the district between the membership count at the time of the statewide membership count and the alternate membership count due to factors such as major student boycotts; civil disturbances; in-migration or out-migration in agricultural, industrial, and federal installations or contractors; or providential causes beyond the control of the district school board.

(3) through (7) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1011.60(1), 1011.62(1), 1011.68 FS. Law Implemented 1011.62(1), 1011.68 FS. History–New 4-19-74, Amended 10-31-74, Repromulgated 12-5-74, Amended 6-1-75, 1-29-76, 4-12-78, 8-2-79, 2-4-81, 7-28-81, 4-27-82, 7-13-83, 7-10-85, Formerly 6A-1.451, Amended 3-12-86, 9-30-87, 10-31-88, 12-5-90, 10-26-94, 12-15-98, 3-24-08, 5-3-10, 4-22-14, 12-23-14, 6-23-16, 6-20-17, 9-19-17, 9-18-18,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Eggers, Assistant Deputy Commissioner

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner Richard Corcoran

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 10, 2019