To incorporate by reference the full-time equivalent (FTE) student membership reporting publication, FTE General Instructions, for fiscal year 2018-19, delete obsolete closing dates for submission of FTE student membership data, and provide that ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0451Florida Education Finance Program Student Membership Surveys

PURPOSE AND EFFECT: To incorporate by reference the full-time equivalent (FTE) student membership reporting publication, FTE General Instructions, for fiscal year 2018-19, delete obsolete closing dates for submission of FTE student membership data, and provide that adjustments for errors in reported FTE identified after the FTE survey amendment deadline that result in a negative funding adjustment will be included in the subsequent calculation of the Florida Education Finance Program (FEFP).

SUMMARY: Updates the FTE student membership reporting publication (FTE General Instructions), removes dates for amending FTE membership that have become obsolete, and provides that adjustments for errors in reported FTE identified after the close of the FTE membership survey amendment deadline that result in a negative funding adjustment will be included in the subsequent calculation of the FEFP.

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: Based on past agency experience with updating instructions for FTE reporting for school districts, the adverse impact of regulatory cost, if any, does 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., and is not expected to require legislative ratification.

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), 1011.60(1), 1011.62(1), 1011.68, FS.

LAW IMPLEMENTED: 1011.62(1), 1011.68, FS.

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

DATE AND TIME: August 15, 2018, Start time will be posted on http://www.fldoe.org/policy/state-board-of-edu/meetings/, at least 2 weeks prior.

PLACE: Renaissance Orlando Airport, Vienna B, 5445 Forbes Place, Orlando, FL 32812.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Florida Department of Education, 325 West Gaines Street, Room 814, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0451 Florida Education Finance Program Student Membership Surveys.

(1) The Commissioner shall prescribe the methods for completing and reporting full-time equivalent (FTE) student membership surveys and transported student membership surveys in each school district for the Florida Education Finance Program (FEFP) in the publication titled “Full-time Equivalent (FTE) General Instructions, 2018-19 2017-18,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-08597), which is hereby incorporated by reference in this rule. Effective July 1, 2017, rules for student eligibility and reporting requirements for transportation are incorporated in “FTE General Instructions” as an appendix. The instructions may be obtained from the Bureau of School Business Services, Office of Funding and Financial Reporting, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(2) through (3) No change.

(4) During the year, at least four (4) full-time equivalent student membership surveys shall be conducted under the administrative direction of and on a schedule provided by the Commissioner. Students in a program scheduled for fewer than one hundred eighty (180) school days, or the hourly equivalent as provided in Rule 6A-1.045111, F.A.C., in any FTE student membership survey shall be a fraction of an FTE student as provided in Section 1011.61(1), F.S. The four (4) survey periods, insofar as practicable, shall be scheduled to take the extended school year, staggered school year, and other variations of or from the regular one hundred eighty-day school year into consideration. In addition to the four (4) full-time equivalent student membership surveys (Surveys 1-4), Survey 5 collects end-of-year student academic data. School districts may submit amendments to student membership survey data in accordance with the following schedule: Survey Period 1 (July) may not be amended after September 30 following the survey; Survey Period 2 (October) may not be amended after March 31 following the survey; Survey Period 3 (February) may not be amended after July 31 following the survey; Survey Period 4 (June) may not be amended after August 31 following the survey, or until a membership survey audit as required by Rule 6A-1.0453, F.A.C., has been completed, whichever shall take place first. Effective in the 2017-18 fiscal year, school districts may submit amendments to student membership survey data in accordance with the following schedule: Survey Period 1 (July) may not be amended after September 30 following the survey; Survey Period 2 (October) may not be amended after December 15 following the survey; Survey Period 3 (February) may not be amended after April 15 following the survey; Survey Period 4 (June) may not be amended after August 15 following the survey, or until a membership survey audit as required by Rule 6A-1.0453, F.A.C., has been completed, whichever shall take place first. Survey Period 5 (Academic Year Cumulative) may not be amended after October 31 following the survey. Adjustments for errors in reported FTE identified after the FTE survey amendment deadline that result in a negative funding adjustment will be included in the subsequent calculation of the FEFP.

(5) through (7) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1011.60(1), 1011.62(1), 1011.68 FS. Law Implemented 1011.62(1), 1011.68 FS. History–New 4-19-74, Amended 10-31-74, Repromulgated 12-5-74, Amended 6-1-75, 1-29-76, 4-12-78, 8-2-79, 2-4-81, 7-28-81, 4-27-82, 7-13-83, 7-10-85, Formerly 6A-1.451, Amended 3-12-86, 9-30-87, 10-31-88, 12-5-90, 10-26-94, 12-15-98, 3-24-08, 5-3-10, 4-22-14, 12-23-14, 6-23-16, 6-20-17, 9-19-17,___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Division of Finance and Operations.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 26, 2018.