The purpose of the proposed amendment is to conform to statutory revisions to Section 1002.45, Florida Statutes, made during the 2013 legislative session and to revise timelines in the application process. In addition, a separate application for ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0981Provider Approval for Virtual Instruction Program

PURPOSE AND EFFECT: The purpose of the proposed amendment is to conform to statutory revisions to Section 1002.45, Florida Statutes, made during the 2013 legislative session and to revise timelines in the application process. In addition, a separate application for part-time providers of virtual instruction is incorporated by reference. The effect will be the alignment of laws related to the approval of virtual instruction providers and the revision of timelines so the provider approval process will begin and end one month earlier. This will allow the process to end in time for providers and districts to negotiate contracts prior to the opening of the statutorily-required enrollment window for the following school year.

SUMMARY: The following substantive revisions are proposed: revising the dates of the submission window for applications for approval of Virtual Instruction Providers, adding statutory requirements for minimum contacts between program staff and students and parents, allowing for conditional approval of providers without prior successful experience, and revising the timeline for applicants to respond to a notice of denial of an application. In addition, a separate application for part-time providers of virtual instruction is incorporated by reference.

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: (1) no requirement for a SERC was triggered under Section 120.541(1), Florida Statutes, and (2) based on past experience with this application process, the adverse impact or regulation costs, 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. The only items revised in the rule include adding proof that an applicant for approval of a virtual instruction program has complied with statutorily required minimum contact information requirements. Supplying such information will add no cost to this process, as a link to the required information will suffice. In addition, the rule is revised to include conditional approval of virtual instructional programs that are unable to demonstrate prior successful experience. This provision will enable providers who were previously unable to qualify to be temporarily approved. Thus, the provision does not generate cost for private businesses, it generates income or profit. In addition, the proposed rule revises timelines to make the process begin and end sooner so that applicants will be approved in time for contracts to be negotiated between the providers and school districts in spring for the following school year. This is also a cost savings measure for small businesses.

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), 1002.45 FS.

LAW IMPLEMENTED: 1002.45 FS.

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

DATE AND TIME: November 19, 2013, 9:00 a.m.

PLACE: Santa Fe College, Northwest Campus, Fine Arts Hall, 3000 NW 83rd Street, Gainesville, FL 32606

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sally Roberts, Division of K-12 Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0981 Provider Approval for Virtual Instruction Program.

(1) Purpose. Section 1002.45, F.S., requires each school district to provide eligible students within its boundaries the option to participate in a virtual instruction program. The Department of Education will provide school districts and virtual charter schools annually with a list of providers approved to offer full and part-time virtual instruction programs under this section of law.

(2)(a) Application Form. Form VSP-02, Virtual Instruction Program Application for Provider Approval (http://www.flrules.com/Gateway/reference.asp?No=Ref-02192) for becoming an approved provider for the Virtual Instruction Program, will be used for those virtual education providers applying for approved status from the Department of Education. Form VSP-02 is hereby incorporated by reference and made a part of this rule to become effective December January 2013.

(b) Application Form. Form VSP-02PT, Virtual Instruction Program Application for Part-Time Provider Approval (insert link) for becoming an approved part-time provider for the Virtual Instruction Program, will be used for those virtual education providers applying for approved status from the Department of Education. Form VSP-02PT is hereby incorporated by reference and made a part of this rule to become effective December 2013. A copy of Forms VSP-02 and VSP-02PT may be obtained by contacting the Division of Public Schools, Office of the Chancellor, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(3) Applications. The applications to become an approved provider will be available at www.fldoe.org/Schools/virtual-schools/districtVIP.asp beginning September October 1 of each year for the following school year and must be accessed and submitted electronically. The deadline for filing the application is September 30 October 31.

(a) Pursuant to Section 1002.45(2)(a)4., Florida Statutes, the applicant must provide parents and students specific information posted and accessible online that includes, but is not limited to, the following contact information for each course: how to contact the instructor, technical support and the administration office via phone, e-mail, or online messaging tools. In addition the applicant must post any requirement for regular contact with the instructor for the course and clear expectations for meeting the requirement, such as consequences for failing to make required contacts. Also, the applicant must post a notice that a minimum of one (1) contact via phone with the parent and the student each month is required by the instructor of each course.

(b)(a) Pursuant to Section 1002.45(2)(a)5.4. , F.S., the applicant must possess prior successful experience offering online courses to elementary, middle and high school students as demonstrated by quantified student learning gains in each subject area and grade level provided for consideration as an instruction program option. Learning gains shall be sufficient if they demonstrate a level of gains comparable to the level of gains that would be anticipated in a Florida public school earning a school grade of “C” or better, in accordance with Section 1008.34, F.S., or demonstrate that the applicant will likely meet the learning gains component necessary to maintain a school grade of “C” or better pursuant to Section 1002.45(8), F.S. Upon an applicant’s request the Department of Education shall conditionally approve a provider who is otherwise qualified but without sufficient prior, successful experience offering online courses, to offer courses measured by statewide assessments under Section 1008.22, Florida Statutes, with a learning gains component, end-of-course assessments, or Advanced Placement (AP) examinations. Conditional approval shall be valid for one (1) school year only and, based on the provider’s experience in offering the courses under this paragraph, the Department shall determine whether to grant final approval to offer a virtual instruction program.

(c)(b) In accordance with Section 1002.45(2)(a)6.5., F.S., the applicant must be accredited by at least one of the following K-12 regional accrediting agencies, their successors or assigns: AdvancED, Middle States Association of Colleges and Schools Commission on Elementary Schools and Commission on Secondary Schools, New England Association of Schools and Colleges, Northwest Accreditation Commission, or Western Association of Schools and Colleges.

(d)(c) Pursuant to Section 1002.45(2)(a)7.6., F.S., the applicant must ensure instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level it intends to provide. The curriculum plan must include evidence:

1. through 3.e. No change.

(e)(d) The applicant will disclose on a prominent place on its website the disclosure information required under Section 1002.45(2)(a)8.7., F.S. Average student-teacher ratios are to be calculated for full-time and part-time teachers and for core and elective courses for the following grade-level bands: grades K-3, grades 4-8, and grades 9-12. The total number of students assigned to full-time teachers must be provided. Student completion rate calculations are to include all students who are enrolled for more than fourteen (14) calendar days complete the enrollment process and begin the virtual instruction program as evidenced by the completion of at least one (1) lesson or assignment. Student performance accountability outcomes are to include student assessment results for all students and by the following subgroups: major racial and ethnic groups, economically disadvantaged students, students with disabilities and students with limited English proficiency. “Major racial and ethnic groups” shall include those groups reported for accountability purposes under the Elementary and Secondary Education Act (ESEA) in any state or, if no such prior reporting is available, shall include, at a minimum: American Indian, Asian, Black/African American, Hispanic, and White.

(4) No change.

(5) Notice of Denial. If the application is denied, the applicant will receive written notification identifying the specific areas of deficiency. The applicant shall have thirty (30) forty-five (45) calendar days after receipt of the notice of denial to resolve any outstanding issues, and resubmit its application for reconsideration. The applicant will receive a final notice of approval or denial. If an application is denied a second time, the Department of Education will provide a final written notice to the provider indicating that the application has been administratively closed and that the provider may apply during the next application phase in accordance with subsection (3) of this rule.

(6) Revocation. The Department shall revoke the approval of a provider who fails to comply with all the requirements of Section 1002.45, F.S.

Rulemaking Authority 1001.02(1), (2)(n), 1002.45(11) FS. Law Implemented 1002.45 FS. History–New 11-26-08, Amended 10-21-09, 3-20-11, 12-20-11, 1-23-13,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sally Roberts, Bureau Chief, Florida Public Virtual Schools

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 18, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 4, 2013