This amended rule establishes a process and procedure for the implementation of Section 1003.491(5), F.S., that requires the Commissioner of Education to conduct an annual review of K-12 and postsecondary career and technical ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.0342Career and Technical Education Program Performance Reporting

PURPOSE AND EFFECT: This amended rule establishes a process and procedure for the implementation of Section 1003.491(5), F.S., that requires the Commissioner of Education to conduct an annual review of K-12 and postsecondary career and technical education (CTE) offerings and to phase out programs that do not meet targets. The effect of the rule is to ensure that CTE programs are high performing and prepare students for in-demand occupations.

SUMMARY: Review and evaluation of Career and Technical Education Programs.

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. No increase in regulatory costs are anticipated as a result of the rule changes.

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), 1003.491(5)(d), 1008.43(4), F.S.

LAW IMPLEMENTED: 1003.491, 1008.43, F.S.

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

DATE AND TIME: May 29, 2024, 9:00 a.m.

PLACE: Miami Dade College, Wolfson Campus, 254 N.E. 4th St., Building 3, Chapman Conference Room 3210, Miami, FL 33132.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Vice Chancellor of Career and Adult Education, Division of Career and Adult Education, 325 West Gaines Street, Room 744, Tallahassee, FL 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 6A-10.0342 follows. See Florida Administrative Code for present text.

6A-10.0342 Career and Technical Education Program Quality Audit Performance Reporting.

(1) Purpose. This rule sets forth the procedures, targets, and timelines for reviewing secondary and postsecondary Career and Technical Education (CTE) programs in accordance with Section 1003.491(5), F.S. The rule also describes the CTE program quality targets for metrics that programs are expected to meet and the required actions for programs that do not meet those targets.

(2) Definitions.

(a) “CTE Concentrator” or “Concentrator” means a secondary student who earned three (3) or more credits in a single career preparatory or technology education CTE program, or two (2) credits if the maximum number of credits in the program is less than three (3).

(b) “CTE Concentrator Graduates Continuing Education or Employed Rate” or “Continuing Education or Employed Rate” means the percentage of Concentrator Graduates found continuing their education in Florida or employed in Florida in the year following high school graduation. Continuing education is based upon enrollment into any Florida postsecondary institution in the fall or winter/spring terms of the following year. Employed is based upon employment in Florida in the four (4) fiscal quarters following the Reporting Year of graduation. CTE Concentrator Graduates are only included in this rate if found enrolled in the same school district for all years enrolled in Florida public high school.

(c) “District Postsecondary” means all school district career centers within a single district recognized by the Department pursuant to Section 1001.44, F.S.

(d) “Florida College System (FCS) institutions” or “institution” means the public postsecondary educational institutions as defined in Section 1000.21, F.S.

(e) “Industry Certification” means a certification on the CAPE Industry Certification Funding List adopted in Rule 6A-6.0576, F.A.C. and/or industry certifications on the  Perkins V Industry Recognized Credentials List, and can be accessed at: https://www.fldoe.org/academics/career-adult-edu/perkins/AccountabilityMeasures.stml.

(f) “In-Demand” means an occupation or program shows labor market demand based on the criteria outlined in the framework for the Master Credential List and/or the criteria outlined in the Labor Market Alignment in the Perkins Comprehensive Local Needs Assessment (CLNA). The criteria outlined in the framework for the MCL, and the criteria outlined in the Perkins CLNA, can be accessed at: https://www.fldoe.org/academics/career-adult-edu/perkins/clna.stml.

(g) “Master Credentials List (MCL)” means the list of industry certifications and postsecondary credentials adopted in Rule 6A-6.0576, F.A.C. This list can also be accessed at: https://careersourceflorida.com/boardroom/florida-credentials-review-committee/master-credentials-list/.  

(h) “Postsecondary Continuing Education or Employed Rate” means the percentage of postsecondary CTE program completers that are found continuing their education in Florida or employed in Florida in the year following program completion. The continuing education rate is based upon enrollment in any Florida postsecondary institution in the fall and winter/spring terms of the following year. The Employed Rate is based upon the four (4) fiscal quarters following the Reporting Year of completion.

(i) “Reporting Year (RY)” means the scheduled time during the year that secondary and postsecondary CTE data are collected by the Florida Department of Education (Department) in accordance with Section 1008.41, F.S. The “most recent Reporting Year” is the year recently reviewed of available data within the CTE Audit.

(j) “Retention Rate” means the percentage of students enrolled in a given Reporting Year who returned the next Reporting Year or who completed their program in the original Reporting Year. Students who transfer to another FCS institution or district postsecondary, or to another program, are still included in the numerator as Retained.

(k) “Same school district for all years enrolled in Florida public high school” is a criterion relevant only to the Secondary CTE Audit program quality rates and means students were found enrolled in the same Florida public school district for all years they were found enrolled in Florida public high school. The denominators of each Secondary CTE Audit program quality rate only include these students.

(l) “Success Rate” means the percentage of students leaving postsecondary education (FCS institution or district postsecondary) with any one of the following:  degree, certificate, industry certification, or terminal occupational completion point (OCP). A student left postsecondary education if they were enrolled in a given Reporting Year and were not found enrolled in an FCS institution or district postsecondary in the following Reporting Year.

(m) “12th Grader Concentrator Graduation Rate” means the percentage of 12th grader CTE Concentrators who graduated from high school with a standard high school diploma. CTE Concentrator status may have been achieved in any year during high school. 12th Grader Concentrators are only included in this rate if found enrolled in the same school district for all years enrolled in Florida public high school.

(n) “12th Grader Concentrator Industry Certification Rate” means the percentage of 12th Grader CTE Concentrators earning at least one (1) industry certification at any point during high school. The industry certification does not need to be directly related to their program. CTE Concentrator status may have been achieved in any year during high school. Concentrators are included in the denominator of this measure even if they did not test for at least one industry certification. Students are only included in this rate if they were in the same school district for all years enrolled in Florida public high school. 

(3) CTE Program Quality Rates and In-Demand Criteria.  

(a) Secondary career preparatory and technology education programs will be reviewed using the following rates:

1. 12th Grader Concentrator Graduation Rate;

2. 12th Grader Concentrator Industry Certification Rate; and,

3. CTE Concentrator Graduates Continuing Education or Employed Rate.

(b) At the secondary CTE level, the data will be combined for all schools in each district that offer career preparatory and/or technology education CTE programs. The rates will not be calculated separately for each school.

(c) Postsecondary CTE Programs will be reviewed using the following rates and in-demand criteria:

1. Retention Rate;

2. Success Rate;

3. Postsecondary Continuing Education or Employed Rate; and,

4. Program alignment to an in-demand occupation.

(d) At the postsecondary CTE level, the data will be combined for all school district career centers within a single district recognized by the Department pursuant to Section 1001.44, F.S. The rates will not be calculated separately for each career center.

(e) A rate is only calculated for a program with ten (10) or more students in the denominator.

(4) CTE Program Quality Metrics and Targets. 

(a) The program quality rates for secondary career preparatory and technology education CTE programs are grouped into two (2)metrics (see chart below).

(b) The program quality rates and in-demand criteria for postsecondary CTE programs are grouped into three (3) metrics (see chart below).

(c) Each metric has a primary target and an alternate target for program quality listed in the chart below. CTE programs must satisfy each metric by meeting the primary or the alternate target. Except for the targets addressing postsecondary program alignment to an in-demand occupation, the primary target is based on the most recent Reporting Year and the alternate target is based on the most recent three-Reporting Year average.

(d) The postsecondary program alignment to an in-demand occupation metric requires the following:

1. The primary target requires the program to meet the demand criteria and/or local demand criteria as defined in the framework for the most recent Master Credentials List.

2. The alternate target requires the program to demonstrate local demand on the district’s or FCS institution’s most recent Perkins Comprehensive Local Needs Assessment (CLNA).

Secondary Career Preparatory and Technology Education Targets
Metric	Primary Target	Alternate Target
12th Grader Concentrator Graduation Rate	At least 80% in most recent RY	At least 80% in most recent three-RY average
12th Grader Concentrator Industry Certification Rate & CTE Concentrator Graduates Continuing Education or Employed Rate	At least 33% for Industry Cert Rate OR at least 80% on Continuing Education or Employed Rate in most recent RY	At least 33% for Industry Cert Rate OR at least 80% on Continuing Education or Employed Rate in most recent three-RY average

 

Postsecondary CTE Metric Targets
Metric	Primary Target	Alternate Target
Retention Rate & Success Rate	At least 50% on either Rate in most recent RY	At least 50% on either Rate in most recent three-RY average
Completers Continuing Education or Employed Rate	At least 70% in most recent RY	At least 70% in most recent three-RY average
In-Demand Occupation	Program meets demand criteria and/or local demand criteria as defined in the most recent MCL.	Evidence of Labor Market Alignment on CLNA.

(5) Program Quality Data and Notice to Districts and FCS Institutions. 

(a) Annually, the Department will calculate program quality rates for each CTE program that is subject to the CTE Audit. These data will be made available at: https://www.fldoe.org/careerpathways/. This is the statewide report required by s. 1008.43, F.S.

(b) Based upon these data, the Department will determine whether a CTE program meets the targets for each metric and notify the district or FCS institution accordingly.  

(c) District and FCS institution programs that do not meet targets (primary or alternate) will have forty-five (45) calendar days to provide to the Division of Career and Adult Education one of the following:

1. Written notice confirming intent to phase out the program; or

2. Supplemental evidence documenting circumstances that warrant the program not being phased out that year. The program will be evaluated again in the next annual CTE Audit.

(d) Supplemental evidence is: 

1. Documentation that an “an act of God” or security incident interrupted the district’s or FCS institution’s ability to operate the program; or,

2. Evidence from an accrediting body that documents the program’s Continuing Education or Employed Rate is at least 70% for the most recent Reporting Year, for postsecondary programs only.

(e) The Department will review supplemental evidence to determine if it is sufficient and will notify the district or FCS institution accordingly.

(6) Phase Out of Programs.

(a) For programs that do not meet required targets in subsection (4) and without sufficient supplemental evidence as outlined in subsection (5), the program must be phased out.

(b) The Department will notify each district and FCS institution offering programs that must be phased out and will provide a timeframe for the phase out process to be completed. Once notified by the Department of the timeframe for phase out, the district or FCS institution must submit within ninety (90) days to the Department its plan to terminate the program.

(c) New programs offered in a district or FCS institution are exempt from the phase out requirements found in subsections (5) and (6) until there are data available to calculate a three-Reporting Year average for the rates in each metric. A new program is a CTE program that is offered for the first time in a district or FCS institution.

(d) A program shall not be phased out if all rates for the metrics cannot be calculated using the most recent Reporting Year data because there are fewer than ten (10) students in the denominator.

(7) Schedule for Notification of Phase Out of Programs.

(a) Beginning with the CTE Audit in calendar year 2026, using data from Reporting Years 2021-22, 2022-23, 2023-24 and 2024-25, all programs shall be reviewed to assess whether the program meets targets for metrics found in subsection (4). All programs that fail to meet the targets for a metric will be notified for the phase out process as outlined in subsections (5) and (6), unless they provide sufficient evidence demonstrating why they should not be phased out that year.

(b) Beginning in calendar year 2026, the CTE Audit will be carried out annually, as prescribed in subsection (4). Annually, all programs that fail to meet the targets for a metric will be notified for the phase out process outlined in subsections (5) and (6). 

Rulemaking Authority 1001.02(1), (2)(n), 1003.491, 1008.43(4) FS. Law Implemented 1008.43 FS. History–New 10-4-93, Amended 2-16-94, 10-25-11, 2-17-15, 10-30-16, 11-28-18,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Goodman, Vice Chancellor of Career and Adult Education.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 22, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 18, 2024