To adopt the 2017-2018 CAPE Postsecondary Industry Certification Funding List. Under the provisions of sections 1011.80 and 1011.81, F.S., school districts and Florida College System institutions may be distributed performance funding upon student ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0574CAPE Postsecondary Industry Certification Funding List

PURPOSE AND EFFECT: To adopt the 2017-2018 CAPE Postsecondary Industry Certification Funding List. Under the provisions of sections 1011.80 and 1011.81, F.S., school districts and Florida College System institutions may be distributed performance funding upon student attainment of industry certifications, if funds are provided in the annual General Appropriations Act. For the 2017-18 fiscal year, the General Appropriations Act provided funds for industry certifications earned in Florida College System institutions only. Section 1008.44, F.S., requires that this list be adopted annually.

SUMMARY: This amendment adopts the 2017-2018 CAPE Postsecondary Industry Certification Funding List required by Section 1008.44, F.S., which will be used for the distribution of postsecondary incentive funding related to the student attainment of rigorous industry certifications at school district postsecondary institutions and the Florida College System institutions in accordance with sections 1011.80 and 1011.81, Florida Statutes.

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 rule does not require legislative ratification and is not expected to have any impact on the factors found in section 120.541(2)(a), F.S., because the proposed rule is not expected to have any adverse impact on economic growth or business competitiveness or increase regulatory costs. Instead, based upon agency experience it is anticipated that the proposal will have a positive impact on the economic growth of the state.

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, 1008.44, 1011.80, 1011.81, FS.

LAW IMPLEMENTED: 1008.44, 1011.80, 1011.81, 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: Amy Albee-Levine, Ph.D., Director of Academic and Workforce Programs, Division of Florida Colleges, 325 West Gaines Street, Tallahassee, FL 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0574 CAPE Postsecondary Industry Certification Funding List.

(1) Section 1008.44, F.S., requires the State Board of Education to approve annually a list of industry certifications appropriate for postsecondary programs. This list will be known as the “2017-2018 2016-2017 CAPE Postsecondary Industry Certification Funding List” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07470) published by the Department of Education and is incorporated by reference in this rule. The “2017-2018 2016-2017 CAPE Postsecondary Industry Certification Funding List” may be obtained from the Department of Education’s website at http://www.fldoe.org/academics/career-adult-edu/index.stml or may be obtained from the Department of Education, Room 1548 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399.

(2) For inclusion on the “2016-2017 CAPE Postsecondary Industry Certification Funding List,” the certification shall:

(a) Require written or performance-based examinations for postsecondary students that are designed to award a certificate only when a student demonstrates competency or proficiency in the certification area;

(b) Be developed by a third party and administered in accordance with the test administration procedures specified by the certifying agency;

(c) Require all that written examinations be given in a proctored by a third party and not proctored by the individual providing direct instruction for the industry certification environment; and,

(d) Require performance-based competency examinations be independently evaluated and not performed by the student’s direct instructor;

(e) Require the exam questions be delivered in a secure manner and not available to the test proctor for an extended period of time, other than the time necessary to receive, distribute, and return any written materials to the scoring entity; and

(f) Require that the written examinations be scored by the certifying agency.

(3) This list shall contain waivers of age, grade level, diploma or degree, and post-graduation work experience of at least twelve (12) months, in accordance with Section 1008.44(3), F.S.

(a) The specific type of waiver shall be noted on the incorporated list.

(b) Students earning a certification with a waived requirement may be reported for funding if the student completed all of the requirements for earning the certification with the exception of the waived component.

(4) If funds are designated in the General Appropriations Act, School districts and Florida College System institutions may report industry certifications earned by students for performance funding under the following conditions:

(a) The written exam(s) is proctored by an independent third-party and is not proctored by the individual providing the direct instruction for the industry certification;

(b) The exam questions are delivered in a secure manner and are not available to the test proctor for an extended period of time, other than the time necessary to receive, distribute, and return any written materials to the scoring entity; and,

(c) The exams have been administered in accordance with the test administration procedures specified by the certifying agency.

(5) tThis list shall contain a designation of performance funding eligibility in accordance with the provisions of Sections 1011.80(6)(b) and 1011.81(2)(b), F.S., based upon the highest available certification for postsecondary students. School districts and Florida College System institutions are eligible for performance funding for students who earn an initial industry certification from the incorporated list with an approved funding designation in the occupational areas identified in the 2015 General Appropriations Act.

Rulemaking Authority 1001.02(1), (2)(n), 1008.44, 1011.80, 1011.81 FS. Law Implemented 1008.44, 1011.80, 1011.81 FS. History‒New 1-1-14, Amended 11-4-14, 12-2-15, 10-30-16,______. 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Madeline Pumariega, Chancellor, Division of Florida Colleges.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 23, 2017