This amendment clarifies and updates the academic and economic criteria sections that participating postsecondary educational institutions use to determine student eligibility in the College Reach-Out Program. In the academic criteria section, the ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.05282College Reach-Out Program

PURPOSE AND EFFECT: This amendment clarifies and updates the academic and economic criteria sections that participating postsecondary educational institutions use to determine student eligibility in the College Reach-Out Program. In the academic criteria section, the Florida Comprehensive Assessment Test (FCAT) 2.0 assessment and the citation of Section 1008.25(4)(a), Florida Statutes (F.S.), will be removed and replaced with the Florida Standards Assessments (FSA) including the specific assessments of English Language Arts (ELA) and mathematics. The new citation is Section 1008.22, F.S. This removes outdated reference material associated with the poverty guidelines; the authority citation (42 U.S.C., ss. 601, et seq) related to the Temporary Assistance for Needy Families; and the economic criteria related to a student’s “family income” and “temporary cash assistance.” This amendment aligns the state’s new standards for mathematics and ELA and clarifies eligibility criteria for students to participate in the College Reach-Out Program.

SUMMARY: The proposed rule revises the academic and economic criteria sections that participating postsecondary educational institutions use to determine student eligibility for the College Reach-Out Program.

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: 1) no requirement for SERC was triggered under Section 120.541(1), F.S., and 2) based on past experiences with rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.

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: 1007.34(1) FS.

LAW IMPLEMENTED: 1007.34(1) FS.

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

DATE AND TIME: May 20, 2016, 9:00 a.m.

PLACE: DoubleTree by Hilton, 5780 Major Blvd., Orlando, Florida 32819

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Executive Vice Chancellor, K-12 Public Schools, 325 West Gaines Street, Suite 1502, Tallahassee, Florida 32399-0400, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.05282 College Reach-Out Program.

(1) through (2) No change.

(3) Academic criteria. The academic criteria for the College Reach-Out Program are as follows:

(a) through (c) No change.

(d) The student has an achievement level below a Level 3 in English Language Arts (ELA) and mathematics, on the Florida Standards Assessments (FSA), a below average reading, writing, or mathematics score on the Florida Comprehensive Assessment Test (FCAT) 2.0 or on the Algebra I End-of-Course (EOC) Assessment under Section 1008.22 1008.25(4)(a), F.S.;

(e) through (h) No change.

(4) Economic criteria. The economic criteria for the College Reach-Out Program are as follows:

(a) The student is eligible for the Free and Reduced-Price Lunch Program under the Richard B. Russell National School Lunch Act [42 U.S.C. §1758(b)(1)(A)] National School Lunch Act [42 U.S.C. 1758(b)];

(b) The student’s family income is at or below one hundred eighty-five (185%) percent of the 2012 Health and Human Services (HHS) Poverty Guidelines for the 48 Contiguous States and the District of Columbia, as published annually in the Federal Register. The 2012 Health and Human Services Poverty Guidelines for the 48 Contiguous States and the District of Columbia (http://www.flrules.org/Gateway/reference.asp?No=Ref-01634) are hereby incorporated by reference and available at http://aspe.hhs.gov/poverty;

(c) The student’s family received temporary cash assistance under the Federal Temporary Assistance for Needy Families program under 42 U.S.C., ss. 601, et seq., during the preceding calendar year;

(b)(d) The student’s family received other public assistance during the preceding calendar year (Supplemental Security Income and/or Housing Choice Voucher Program); or

(c)(e) The student is an orphan or ward of the court with no taxable income.

Rulemaking Authority 1007.34 FS. Law Implemented 1007.34 FS. History–New 11-13-12, Amended____.

 

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 20, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 23, 2016