Specify additional in-field conditions currently provided in Florida Statutes that define the qualifications of instructional personnel enabling school districts to comply with the federal Every Student Succeeds Act (ESSA).

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0503Definition of Qualified Instructional Personnel

PURPOSE AND EFFECT: Specify additional in-field conditions currently provided in Florida Statutes that define the qualifications of instructional personnel enabling school districts to comply with the federal Every Student Succeeds Act (ESSA).

SUMMARY: This amendment eliminates reference to the High, Objective, Uniform State Standard of Evaluation (HOUSSE) plan option; 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designations currently provided in Florida Statutes that define qualifications of instructional personnel; and updates outdated language from vocational to career and technical.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 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 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 will not require legislative ratification. The proposed amendment clarifies qualified instructional personnel and does not impose any new costs on any stakeholder.

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, FS.

LAW IMPLEMENTED: 1002.33, 1002.55, 1002.63, 1012.32, 1012.39, 1012.42, 1012.55, 1012.56, 1012.57, FS.

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

DATE AND TIME: April 26, 2017, 10:00 a.m.

PLACE: Conference Call: 1-[phone], Passcode: 420 352 90.

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) 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) 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) but 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 subject area, or 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

(4) Holds a valid Florida educator’s certificate other than that deemed appropriate by subsection (1) and has demonstrated sufficient subject area expertise through passage of a standardized examination, pursuant to Section 1012.56, F.S., 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

(5)(4) Holds a valid Florida educator’s certificate with coverage other than that deemed appropriate by subsection (1) and does not meet the requirements of subsections (3) or (4) 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 earned the following college credit 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). A teacher 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 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. 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. 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 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 (5)(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 (5)(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 (5)(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 (5)(4) (b)1. or the criteria in paragraph (5)(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

(6)(5) Is a nondegreed teacher of career and technical 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.

(7) Is a prekindergarten instructor qualified to teach Voluntary Prekindergarten classes under the provisions of Sections 1002.55(3)(c), 1002.55(4), and 1002.63(5), F.S.

(8) Is a part-time instructional staff member who holds 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.

Rulemaking Authority 1002.33(12), 1012.32, 1012.55(1), 1012.56(6) FS. Law Implemented 1002.33, 1002.55, 1002.63,1012.05, 1012.32, 1012.39, 1012.42, 1012.55, 1012.56, 1012.57 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, 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: March 28, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 27, 2017