To permit sponsors to request an extension to the length of time for exchange teachers to hold a temporary exchange teacher certificate for up to an additional two (2) years for a period not to exceed a total of five (5) years. Revisions also permit,...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-4.002General Provisions

PURPOSE AND EFFECT: To permit sponsors to request an extension to the length of time for exchange teachers to hold a temporary exchange teacher certificate for up to an additional two (2) years for a period not to exceed a total of five (5) years. Revisions also permit, but do not require, the department to issue exchange teacher certificates to include Florida subject(s) for which the exchange teacher may be assigned as a qualified instructor.

SUMMARY: New federal regulations took effect as of February 29, 2016, that now permit sponsors of teachers in the Exchange Visitor Program to request extensions up to two (2) additional school years for a total of five (5) years. See 22 C.F.R. 62.24, 22 C.F.R. 62.43. School districts have requested this extension option because they believe it is the best option for their students. If allowed in rule, the Department will be providing an option that a local school believes is best for its students. Extensions will be approved with support from the local sponsor and the employing school or district.

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: The proposed amendment to this rule is not expected to have any adverse impact on business competitiveness, economic growth, private sector job creation/employment or private sector investment. Further, program sponsors approved by the U.S. Department of State administer the process to recruit and retain qualified teachers for Florida’s students with the benefit of enhancing students’ cultural awareness. Program participation costs are borne directly by the exchange teacher and/or sponsor. Any possible increase in regulatory costs as a result of implementing this change is expected to be minimal and absorbed by the Department and the districts with existing resources, and is not expected to 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, 1012.55, 1012.56, FS.

LAW IMPLEMENTED: 1001.10(5)(b), 1012.55, 1012.56, FS.

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

DATE AND TIME: January 16, 2019, 9:00 a.m. CT.

PLACE: Pensacola State College, Switzer Center for Visual Arts (Bld. 15), Charles W. Lamar Studio, 1000 College Blvd., Pensacola, FL 32504.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chane Eplin, Chief, Bureau of Student Achievement through Language Acquisition, Department of Education, [phone] or e-mail [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-4.002 General Provisions.

(1) through (5) No change.

(6) Noncitizens. A noncitizen may be issued an Official Statement of Status of Eligibility or a certificate as specified below:

(a) through (b) No change.

(c) Exchange teachers.

1. No change.

2. A temporary certificate valid for three (3) years may be issued to an exchange teacher. The certificate shall reflect the designation of exchange teacher and may reflect the Florida certificate subject(s) for which the exchange teacher is qualified based on the specialization requirements specified in Rules 6A-4.008 through 6A-4.035 and 6A-4.054 through 6A-4.062, F.A.C shall not reflect a subject. Only one (1) certificate may be issued under this provision when an applicant meets the following requirements:

a. No change.

b. Submits verification from an authorized program sponsor documenting approval by the U.S. Department of State for of participation in an exchange program. Verification shall be provided by the employing school district, state supported or nonpublic school; and,

c. No change.

3. The validity of an exchange teacher temporary certificate may be extended for up to two (2) additional years for a period not to exceed a total of five (5) years. The extended exchange teacher certificate will be issued under this provision when an applicant meets the following requirements:

a. Submits an application form and fee as specified in Rule 6A-4.0012, F.A.C.;

b. Submits written verification from the authorized program sponsor documenting approval by the U.S. Department of State to extend participation in the exchange program that stipulates the length of the approved extension; and,

c. Submits a letter of reference on official letterhead from the employing school district, state-supported or nonpublic school that describes the exchange teacher's performance during the previous years of the exchange and how the host has benefited from the exchange teacher's presence.

Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.10(5)(b), 1012.55, 1012.56 FS. History–New 4-10-64, Amended 4-8-68, 4-11-70, 10-18-71, 3-19-72, 12-18-72, 6-17-73, 4-19-74, Repromulgated 12-5-74, Amended 6-22-76, 6-27-77, 12-26-77, 4-27-78, 7-1-79, 7-2-79, 6-26-80, 7-28-81, 1-3-82, 5-11-82, 6-22-83, 3-28-84, 1-31-85, 3-13-85, Joint Administrative Objection Filed – See FAR Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.02, Amended 12-25-86, 10-18-88, 10-10-89, 4-15-91, 11-10-92, 5-30-94, 11-13-96, 10-15-01, 12-27-04, 7-27-06, Joint Administrative Procedures Committee objection resolved by Chapter 86-156, Laws of Florida, Florida Administrative Register Vol. 35, No. 27, July 10, 2009, Amended 1-1-14, 12-31-14, 10-26-15, 6-23-161, 12-20-16,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, Division Public Schools.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 21, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 3, 2018