The purpose of the rule amendment to Rule 6A-1.0451, F.A.C., is to account for the hourly equivalent of the 180-day school year for purposes of reporting student membership for participation in the Florida Education Finance Program and to delete ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-1.0451: Florida Education Finance Program Student Membership Surveys
6A-1.045111: Hourly Equivalent to 180-Day School Year
PURPOSE AND EFFECT: The purpose of the rule amendment to Rule 6A-1.0451, F.A.C., is to account for the hourly equivalent of the 180-day school year for purposes of reporting student membership for participation in the Florida Education Finance Program and to delete obsolete language regarding transportation reporting. The proposed new Rule 6A-1.045111, F.A.C., will establish an equivalent number of hours to the 180-day school year requirement, consistent with statutorily required instructional time for participation in the Florida Education Finance Program.
SUMMARY: The purpose of the new rule and the amendment to the existing rule is to ensure that the 180-day school year requirement relating to statutorily required instructional time for participation in the Florida Education Finance Program is clearly articulated in rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: None.
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: 1001.02(1), 1001.42(12)(a), 1001.51(11)(a), 1003.02(1)(g), 1011.60(2), 1011.61(1)(c)2. FS.
LAW IMPLEMENTED: 1001.42(12)(a), 1001.51(11)(a), 1003.02(1)(g), 1011.60(2), 1011.61(1)(a)1., 1011.61(1)(c)2. FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 16, 2010, 9:00 a.m.
PLACE: Tallahassee Community College, 444 Appleyard Drive, Building 38, Room 105, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robert Large, Assistant General Counsel, 325 W. Gaines St. Room 1244, Tallahassee, FL 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) through (3) No change.

(4) During the year, at least four (4) full-time equivalent student membership surveys shall be conducted under the administrative direction of and on a schedule provided by the Commissioner. The second period and the third period full-time equivalent student membership survey for students in a program scheduled for one hundred eighty (180) school days, or the hourly equivalent as provided in Rule 6A-1.045111, F.A.C., shall each be equal to ninety, one hundred eightieths (90/180) of the school year, or the hourly equivalent. Students in a program scheduled for less than one hundred eighty (180) school days, or the hourly equivalent as provided in Rule 6A-1.045111, F.A.C., in any full-time equivalent student membership survey shall be a fraction of a full-time equivalent member as provided in Section 1011.61(1), F.S. The four (4) survey periods, insofar as practicable, shall be scheduled to take the extended school year, staggered school year, and other variations of or from the regular one hundred eighty (180) day school year into consideration. School districts may submit amendments to student membership survey data in accordance with the following schedule: Survey Period 1 (July) may not be amended after September 30 following the survey; Survey Period 2 (October) may not be amended after March 31 following the survey; Survey Period 3 (February) may not be amended after July 31 following the survey; Survey Period 4 (June) may not be amended after August 31 following the survey, or until a membership survey audit as required by Rule 6A-1.0453, F.A.C., has been completed, whichever shall take place first. Such amendments which are submitted too late to be reviewed and included in the last membership data determining the earnings of Florida education finance program funds for the given year shall be treated as prior year adjustments.

(5) No change.

(6) When passengers other than public school students in membership, grades K-12 and exceptional, are transported on a school bus at the same time public school students are transported to or from school, the bus route mileage required to transport students as authorized in Section 1011.68(2), F.S., shall be computed as follows:

(a) If the number of passengers other than public school students in membership, grades K-12 and exceptional, transported on a bus route exceeds five (5) percent of the manufacturer’s rated seating capacity of the bus, the loaded bus route miles for that trip shall be adjusted by the percentage of passengers that are not public school students in membership, grades K-12 and exceptional.

(b) Bus miles traveled over a side route to load or unload passengers other than public school students in membership, grades K-12 and exceptional, and miles traveled transporting exclusively other passengers shall not be reported to or counted by the Department for the purpose of FEFP transportation funding.

(6)(7) For students in all special programs, a student’s full-time equivalent membership shall be reported in the respective special program cost factor prescribed in Section 1011.62(1)(c), F.S., when the student is eligible and is attending a class, course, or program which has met all of the criteria for the special program cost factor. In addition, when reporting program membership, each student shall be reported in the same special program category as reported in the full-time equivalent membership survey.

(7)(8) ESE 135, Department of Juvenile Justice FTE School Funding Certification is hereby incorporated by reference and made a part of this rule. This form 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.

Rulemaking Specific Authority 1001.02(1) FS. Law Implemented 1011.61, 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,_________.

 

6A-1.045111 Hourly Equivalent to 180-Day School Year.

Each school district which participates in the state appropriations for the Florida Education Finance Program shall:

(1) Operate all schools for a term of one hundred eighty (180) actual teaching days as prescribed by Section 1011.60(2), Florida Statutes, or the hourly equivalent of one hundred eighty (180) actual teaching days, determined as prescribed below:

(a) Kindergarten through grade 3 or in an authorized prekindergarten exceptional program: Not less than seven hundred twenty (720) net instructional hours.

(b) Grades 4 through 12: Not less than nine hundred (900) net instructional hours.

(2) For schools operating on a double-session calendar or utilizing an experimental calendar approved by the Department of Education, operate such schools for a term of one hundred eighty (180) actual teaching days as prescribed by Section 1011.60(2), Florida Statutes, or the hourly equivalent of one hundred eighty (180) actual teaching days, determined as prescribed below:

(a) Kindergarten through grade 3: Not less than six hundred thirty (630) net instructional hours.

(b) Grades 4 through 12: Not less than eight hundred ten (810) net instructional hours.

Rulemaking Authority 1001.02(1), 1001.42(12)(a), 1001.51(11)(a), 1003.02(1)(g), 1011.60(2), 1011.61(1)(c)2. FS. Law Implemented 1001.42(12)(a), 1001.51(11)(a), 1003.02(1)(g), 1011.60(2), 1011.61(1)(a)1., 1011.61(1)(c)2. FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Deborah Kearney, Office of General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 02, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 22, 2010