To specify additional in-field conditions currently provided in Florida Statutes that define qualifications of instructional personnel appropriate for the instruction of specified courses and for school districts’ compliance with the federal Every ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0503Definition of Qualified Instructional Personnel

PURPOSE AND EFFECT: To specify additional in-field conditions currently provided in Florida Statutes that define qualifications of instructional personnel appropriate for the instruction of specified courses and for school districts’ compliance with the federal Every Student Succeeds Act (ESSA).

SUMMARY: This amendment adds definitions for “primary instructor”, “in-field” and “out-of-field”; clarifies requirements for use of the High, Objective, Uniform State Standard of Evaluation (HOUSSE) plan; adds four additional in-field designations currently provided in Florida Statutes that define qualifications of instructional personnel; and updates outdated language from vocational to career and technical.

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 been prepared by the Agency.

As noted in the SERC, the proposed revisions adopt existing statutorily-authorized in-field conditions within the same rule that set the requirements for individuals to be professional qualified instructional personnel to serve in Florida schools. The proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S. and is not expected to require legislative ratification. The proposed rule revisions may result in minimal costs associated with standard certification application and examination fees. However, the proposed revisions expand the in-field conditions to include options that may not require a cost.

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: 1002.33(12), 1012.32, 1012.55(1), 1012.56(6), FS.

LAW IMPLEMENTED: 1002.33, 1012.05, 1012.32, 1012.39, 1012.55, 1012.56, FS.

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

DATE AND TIME: March 27, 2018, 9:00 a.m.

PLACE: Hendry County, LaBelle High School, 4050 E. Cowboy Way, LaBelle, FL 33935.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David LaJeunesse, Chief of Educator Certification, 325 W. Gaines St, Suite 201, Tallahassee, FL 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0503 Definition of Qualified Instructional Personnel.

A qualified instructional person is defined as an instructional staff member who meets one (1) of the following conditions:

(1) As used in this rule, the following terms have the following meanings:

(a) “Primary instructor” refers to any instructional employee of a Florida public school district who provides direct support in the learning process by planning, delivering, and evaluating instruction, including through virtual or blended environments, for all students during the entire class period.

(b) “In-field” means a teacher is assigned to a course covering subject matter for which the teacher holds a certificate per Section 1012.55, F.S., or demonstrates sufficient subject matter expertise as determined by paragraph (2)(a)-(h) of this rule. Holds a valid Florida educator’s certificate with the appropriate coverage as provided for in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or

(2) A primary instructor must meet one (1) of the following conditions to be considered in-field:

(a) Hold a valid Florida educator’s certificate with the appropriate coverage as provided for in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or

(b) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a) but have completed a minor field of study in the subject area to be taught, as per Section 1012.42, F.S., and the minor field of study consists of at least fifteen (15) semester hours in the appropriate subject area, or

(c) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a) and have demonstrated sufficient subject matter expertise through passage of a standardized examination, pursuant to Section 1012.56, F.S., and Rules 6A-4.002, 6A-4.0021(12), and 6A-4.0243, F.A.C., or a comparable method for attainment of essential competencies in the subject area to be taught pursuant to district school board policy adopted as per Section 1012.42, F.S., or  

(d) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a) and have previously documented subject matter expertise for the academic course assigned based on a High, Objective, Uniform State Standard of Evaluation (HOUSSE) plan completed pursuant to 20 U.S.C. s. 7801(23)(effective January 8, 2002 to December 9, 2015); provided that the plan  was completed under one (1) of the following conditions:

1. A Florida HOUSSE plan or out-of-state HOUSSE plan was  completed by the beginning of the 2006-2007 school year and is filed in the educator’s official personnel record; or

2. A HOUSSE plan documented subject matter expertise  for a course in a world language when a Florida subject area examination has not been developed, a standardized examination had not been specified in state board rule, or the plan was completed prior to approval of a standardized examination in state board rule; or

(e) Hold a valid certificate issued by the school district as a nondegreed teacher of career and technical education courses employed under the provisions of Section 1012.39, F.S. The requirements in Sections 1012.39(1)(c)2.a. and b., F.S., must be satisfied prior to initial appointment to the position; or

(f) Hold appropriate credentials to qualify as a prekindergarten instructor to teach Voluntary Prekindergarten courses under the provisions of Sections 1002.55(3)(c), or 1002.55(4), F.S., or

(g) Hold a valid adjunct teaching certificate in the subject area to be taught, issued pursuant to district school board policy adopted under the provisions of Section 1012.57, F.S., to teach part-time as defined per Section 1012.36, F.S., or

(h) Hold neither a Florida educator’s certificate nor a certificate issued by the school district and be employed to teach a course in the individual’s field of specialty under the provisions of Rule 6A-1.0502, F.A.C. Is a selected noncertificated person employed under the provisions of Rule 6A-1.0502, F.A.C., or

(3) Holds a valid Florida educator’s certificate with coverage other than that deemed appropriate by subsection (1) and has documented a highly qualified designation pursuant to 20 U.S.C. s. 7801(23), by a High, Objective, Uniform State Standard of Evaluation (HOUSSE) plan for the academic course assigned, or

(3)(4) A primary instructor considered out-of-field per paragraph (1)(c) of this rule, shall have Holds a valid Florida educator’s certificate with coverage other than that deemed appropriate by subsection (1) and does not meet the requirements of subsection (3) and has been approved by the school board or charter school governing board to teach out-of-field after determination that a teacher with appropriate certification coverage is not available. All evidence of such qualifications and approval must be reflected in the individual’s official personnel record; provided, however, that such approval may be granted by the school board or charter school governing board only under one (1) of the following conditions:

(a) The individual is in the first year of employment in the out-of-field assignment and has not been granted, during any preceding year in the district or charter school, approval by either the school board or the charter school governing board to be employed out-of-field in an area for which specific certification is otherwise required, or

(b) The individual has been approved to teach in the out-of-field assignment during any preceding year in the district or charter school and has earned the following college credit from an accredited or approved institution pursuant to Rule 6A-4.003, F.A.C., or inservice training in an approved district add-on program or district approved subject content professional development program:

1. Out-of-field assignment other than ESOL (English to Speakers of Other Languages). An individual A teacher assigned to teach out-of-field in a subject other than ESOL shall complete at least six (6) semester hours of college credit or the equivalent inservice toward the appropriate certification required in paragraph (2)(a) subsection (1) within one (1) calendar year from date of initial appointment to the out-of-field assignment and each calendar year thereafter until all requirements are completed for the appropriate subject certification;

2. Out-of-field assignment in only ESOL. An individual assigned to teach A teacher out- of- field in only ESOL shall complete at least three (3) semester hours of college credit or the equivalent inservice toward the ESOL requirements within the first two (2) calendar years from date of initial assignment to a class with limited English proficient (LEP) students and three (3) semester hours or the equivalent inservice during each calendar year thereafter until all requirements for certification in ESOL are completed; or

3. Out-of-field assignment in ESOL and another subject. An individual assigned to teach A teacher out- of- field in ESOL and another subject shall complete at least six (6) semester hours of college credit or the equivalent inservice toward the appropriate certification required by paragraph (2)(a) subsection (1) within one (1) calendar year from date of initial appointment to the out-of-field assignment and each calendar year thereafter until all requirements are completed for the appropriate subject certification. The training shall be completed in the following manner: During the first two years, at least three (3) of the required twelve (12) semester hours or the equivalent inservice shall be completed in ESOL strategies. Beginning with the third year and each year thereafter, at least three (3) semester hours or the equivalent inservice shall be completed in ESOL strategies and at least three (3) semester hours in the other out-of-field subject requirements. When either all ESOL or all other out-of-field subject requirements are completed, a teacher shall comply with the schedule specified in subparagraph (3) (4)(b)1. or 2. of this rule as appropriate until all requirements are completed for both ESOL and the other out-of-field subject.

4. Waivers of college credit or inservice training in an approved district add-on or subject content professional development program may be obtained by one of the following provisions:

a. In lieu of college credit or the equivalent inservice specified in subparagraph (3) (4)(b)1., 2. or 3. of this rule, an individual shall provide a doctor’s statement certifying to medical inability to earn such credit during the prescribed time;

b. In lieu of college credit or the equivalent inservice specified in subparagraph (3) (4) (b)1. of this rule, the district superintendent or charter school chief administrator shall provide a statement certifying to extenuating circumstances beyond the control of the teacher to earn such credit during the prescribed time; or

c. In lieu of college credit or the equivalent inservice specified in subparagraph (3) (4) (b)1. or the criteria in paragraph (3) (4)(a) of this rule, the Commissioner of Education may grant to the district, individual school sites, or a charter school a waiver of the requirements for a period of one (1) year on a one-time basis. The district superintendent or charter school chief administrator shall, pursuant to school board or charter school governing board approval for such waiver, show extenuating circumstances that create a hardship for the district or teachers in meeting the specified requirements.; or

(5) Is a nondegreed teacher of vocational education employed under the provisions of Section 1012.39, F.S. The requirements in Sections 1012.39(1)(c)2.a. and b., F.S., must be satisfied prior to initial appointment to the position.

Rulemaking Authority 1002.33(12), 1012.32, 1012.55(1), 1012.56(6) FS. Law Implemented 1002.33, 1012.05, 1012.32, 1012.39, 1012.55, 1012.56 FS. History–New 4-19-74, Repromulgated 12-5-74, Amended 9-8-76, Formerly 6A-1.503, Amended 10-30-90, 10-3-91, 2-18-93, 5-25-04, 3-1-05,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, Division of K-12 Public Schools.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 16, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 2, 2018