The purpose and effect of this amendment is to extend the Florida Virtual School (FLVS) Survey Period 1 amendment deadline, allowing revisions to common student identifiers, to update the definition of certain students with disabilities who may be ...  

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    DEPARTMENT OF EDUCATION

    State Board of Education

    RULE NO.:RULE TITLE:

    6A-1.0451Florida Education Finance Program Student Membership Surveys

    PURPOSE AND EFFECT: The purpose and effect of this amendment is to extend the Florida Virtual School (FLVS) Survey Period 1 amendment deadline, allowing revisions to common student identifiers, to update the definition of certain students with disabilities who may be reported for Florida Education Finance Program (FEFP) student transportation funds, and to incorporate the full-time equivalent (FTE) student reporting instructions to meet state reporting requirements.

    SUMMARY: The amendment deadline for Survey Period 1 for FLVS is extended to the Survey Period 2 amendment deadline, update the definition of certain students with disabilities, with regard to transported student membership surveys, and incorporation of the FTE student reporting instructions.

    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 experiences with amending the membership survey deadlines, the adverse impact or regulatory cost, if any, does not exceed, nor would it be expected to exceed, any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes, because the amendment will not cost school districts additional expenditure for implementation.

    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) FS.

    LAW IMPLEMENTED: 1011.61, 1011.62(1), 1011.68 FS.

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

    DATE AND TIME: March 18, 2014, 9:00 a.m.

    PLACE: Tallahassee, Florida (The physical location will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Bureau Chief of School Business Services, 325 West Gaines Street, Room 814, Tallahassee, Florida 32399-0400, (850)245-0405

     

    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 Eeducation Ffinance Pprogram in the publication titled “FTE General Instructions, 2013-14,” (insert link) which is hereby incorporated by reference in this rule. 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. The methods prescribed shall include but not be limited to the following:

    (a) Uniform dates for each survey within the fiscal year.

    (b) Instructions for completing the surveys.

    (c) Instructions for reporting the data to the Department.

    (d) Instructions for maintaining student records for audit purposes.

    (2) The Commissioner shall have the authority to establish for any school district or school an alternate date for a full-time equivalent membership survey or transported student membership survey within nine (9) weeks of the regular statewide survey if evidence is submitted by the school district that which 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) 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 except that the Florida Virtual School, established in Section 1002.37, F.S., may amend a common student identifier until the Survey Period 2 amendment deadline; 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 that 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) For purposes of transportation, students with disabilities under Section 1011.68(5), F.S., shall be those students with disabilities for whom school bus transportation is impractical or unavailable for reasons related to the student’s individual needs and circumstances. Such needs and circumstances shall be documented on the student’s individual educational plan defined by Rule 6A-6.0301, F.A.C., as trainable or profoundly handicapped, hearing impaired, visually impaired or physically impaired who have been appropriately identified under the district procedures for providing special education for exceptional students.

    (6) 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 that 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) No change.

    Rulemaking Authority 1001.02(1), (2)(n), 1011.60(1), 1011.62(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, 5-3-10,___________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Finance and Operations.

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 13, 2014

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 7, 2014

Document Information

Comments Open:
2/17/2014
Summary:
The amendment deadline for Survey Period 1 for FLVS is extended to the Survey Period 2 amendment deadline, update the definition of certain students with disabilities, with regard to transported student membership surveys, and incorporation of the FTE student reporting instructions.
Purpose:
The purpose and effect of this amendment is to extend the Florida Virtual School (FLVS) Survey Period 1 amendment deadline, allowing revisions to common student identifiers, to update the definition of certain students with disabilities who may be reported for Florida Education Finance Program (FEFP) student transportation funds, and to incorporate the full-time equivalent (FTE) student reporting instructions to meet state reporting requirements.
Rulemaking Authority:
1001.02(1), (2)(n), 1011.60(1), 1011.62(1), Florida Statutes.
Law:
1011.61, 1011.62(1), 1011.68, Florida Statutes.
Contact:
Mark Eggers, Bureau Chief of School Business Services, 325 West Gaines Street, Room 814, Tallahassee, Florida 32399-0400, 850-245-0405.
Related Rules: (1)
6A-1.0451. Florida Education Finance Program Student Membership Surveys