To adopt the 2021-2022 CAPE Industry Certification Funding List, ensuring that appropriate certifications are included on the most recent CAPE Industry Certification Funding List. Additionally, this revision will enhance ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0573Industry Certification Process.

PURPOSE AND EFFECT: To adopt the 2021-2022 CAPE Industry Certification Funding List, ensuring that appropriate certifications are included on the most recent CAPE Industry Certification Funding List. Additionally, this revision will enhance test security processes for industry certifications and digital tool certificates on the CAPE Industry Certification Funding List.

SUMMARY: The amendment includes revisions to the rule and documents incorporated by reference as follows: 1) Adoption by reference of the 2021-2022 CAPE Industry Certification Funding List; 2) Adoption by reference of the industry certification recommendations from CareerSource Florida; 3) Adoption of required forms; 4) Enhanced test security processes for industry certifications and digital tool certificates on the CAPE Industry Certification Funding List; and 5) Addition of teacher conduct provisions for Digital Tool Certificates.

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: This is because the amendment authorizes industry certifications and certificates through which school districts earn bonus funding in the Florida Education Finance Program (FEFP). These credentials have been evaluated to be rigorous and tied to the statewide occupational demand in Florida. This 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, 1003.4203(9), 1003.492(3), 1008.44, 1011.62(1), F.S.

LAW IMPLEMENTED: 1003.4203, 1003.492, 1003.493, 1003.4935, 1008.44, 1011.62(1), 1012.796, F.S.

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

DATE AND TIME: August 18, 2021, 9:00 a.m.

PLACE: Miami Dade College, Wolfson Campus. 254 N.E. 4th Street, Building 3, Miami, FL 33132.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Vice Chancellor of Career and Adult Education, 850.245.9002 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0573 Industry Certification Process.

(1) through (2) No change.

(3) Adoption of the 2021-22 2020-2021 CareerSource Florida Recommendations. CareerSource Florida’s list of recommended industry certifications (https://www.flrules.org/Gateway/reference.asp?No=Ref-12196), is adopted by the State Board of Education and incorporated by reference in this rule. The list may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399.

(4) No change.

(5) Adoption of an annual “CAPE Industry Certification Funding List.” The “CAPE Industry Certification Funding List” is composed of industry certifications, certificates, and courses as specified in Sections 1008.44 and 1011.62(1), F.S.

(a) No change.

(b) This list will be known as the “2021-22 2020-2021 CAPE Industry Certification Funding List, Updated” (http://www.flrules.org/Gateway/reference.asp?No=Ref-12197) published by the Department of Education and is incorporated by reference in this rule. The list may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399.

(6) through (15) No change.

(16) Teacher and proctor conduct provisions for maintaining the validity of the industry certification credential. Industry certifications are independent, third-party verification of technical skills achieved by students. Any practice that jeopardizes the validity of industry certifications disadvantages the students and prospective employers. Teachers who provide direct instruction leading to industry certification exams and proctors assigned to administer industry certification exams shall not engage in any conduct that jeopardizes the validity of the industry certification exam results. Only authorized proctors may be provided access to testing materials associated with industry certification exams.

(a) through (b) No change.

(c) The school district must not report an exam score that is the product of any of the activities set out in paragraphs 16(a) – (b).

(17) Local test administration procedures and training for industry certification exam administration. School districts shall create and maintain local test administration procedures for the administration of all industry certification exams.

(a) through (c) No change.

(d) In order for students enrolled in career-themed courses to take industry certification exams, the teacher of the career-themed course must annually sign Form FCAPEA-04, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement.

(e) In order to proctor an industry certification exam, a proctor must annually sign Form FCAPEA-04, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement.

(18) through (19) No change.

(20) Teacher conduct provisions for maintaining the validity of digital tool certificates. Teachers of digital tool certificates may be authorized by the school district to administer and proctor the exams for digital tool certificates to their own students.

(a) Teachers providing instruction leading to digital tool certificate exams shall not:

1. Assist students with answering exam questions during an active test administration.

2. Create any study guide or other document that includes any exam questions that are part of a current test form for the digital tool certificate.

3. Preview active exam content.

4. Reveal, print, copy, screen capture or otherwise reproduce test questions that are part of an active version of a digital tool certificate exam.

5. Allow or entice another person to take an exam for a test candidate.

6. Provide answer keys to any student before, during or after test administration.

7. Participate in, direct, aid, counsel, assist in, or engage in conduct or activity which could result in inaccurate measurement of student achievement on digital tool certificate exams.

(b) The school district must not report an exam score that is the product of any of the activities set out in paragraph 20(a).

Rulemaking Authority 1001.02, 1003.4203(9), 1003.492(3), 1008.44, 1011.62(1) FS. Law Implemented 1003.4203, 1003.492, 1003.493, 1003.4935, 1008.44, 1011.62(1), 1012.796 FS. History–New 10-20-08, Amended 8-18-09, 6-22-10, 6-21-11, 10-25-11, 8-23-12, 3-25-13, 11-3-13, 6-25-14, 11-4-14, 5-19-15, 9-30-15, 7-26-16, 10-30-16, 4-25-17, 10-17-17, 6-19-18, 11-28-18, 2-19-19, 6-25-19, 10-24-19, 6-16-20, 10-27-20,

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 14, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 4, 2021