To update Rule 6A-6.0981; Form VSP-02 Virtual Instruction Program Application for Provider Approval; and Form VSP-02R Virtual Instruction Program Application for Provider Renewal.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0981Provider Approval and Renewal for Virtual Instruction Program

PURPOSE AND EFFECT: To update Rule 6A-6.0981; Form VSP-02 Virtual Instruction Program Application for Provider Approval; and Form VSP-02R Virtual Instruction Program Application for Provider Renewal.

SUMMARY: The rule and applications will be updated to reflect new web links and to change the iNACOL requirements to the National Standards for Quality for online programs and courses.

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 will have no regulatory cost and no negative economic impact and will not require legislative ratification. . This amendment updates the applications to reflect new learning gain expectations for programs approved for drop-out prevention and credit recovery programs and to change the iNACOL requirements to the National Standards for Quality for online programs and courses.

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), (n), 1002.45(11), F.S.

LAW IMPLEMENTED: 1002.45, 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 St., Building 3, Chapman Conference Room 3210, Miami, FL 33132.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sandy Eggers, Virtual Education Director, Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Fl. 32399, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0981 Provider Approval and Renewal for Virtual Instruction Program.

(1) Purpose. Section 1002.45, F.S., requires each school district to provide students the option to participate in a virtual instruction program. The Department of Education will provide school districts and virtual charter schools annually with a list of providers approved to offer full and part-time virtual instruction programs under this section of law.

(2)(a) Application Form. Form VSP-02, Virtual Instruction Program Application for Provider Approval (https://www.flrules.org/Gateway/reference.asp?No=Ref-09624), for becoming an approved provider for the Virtual Instruction Program, will be used for those virtual education providers applying for approved status from the Department of Education. Form VSP-02 is hereby incorporated by reference and made a part of this rule to become effective September 2021 August 2018.

(b) Application Form. Form VSP-02R, Virtual Instruction Program Application for Provider Renewal (http://www.flrules.org/Gateway/reference.asp?No=Ref-09625), for renewing an approved provider for the Virtual Instruction Program, will be used for those virtual education providers applying for renewal status from the Department of Education. Form VSP-02R is hereby incorporated by reference and made a part of this rule to become effective September 2021 August 2018. Copies of forms VSP-02 and VSP-02R may be obtained by contacting the Office of Independent Education and Parental Choice, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(3) Applications. The applications to become an approved provider or for renewal will be available at https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/.http://www.fldoe.org/schools/school-choice/virtual-edu/approved-provider-resources/program-providers.stml beginning September 1 of each year for the following school year and must be accessed and submitted electronically. The deadline for filing the application is September 30.

(a) No change. 

1. Initial Approval. For applicants seeking initial approval, prior successful experience shall be demonstrated as follows: Learning gains shall show the degree of student learning growth occurring from one school year to the next as required by state board rule for purpose of calculating school grades, in accordance with Section 1008.34, F.S. Upon an applicant’s request Tthe Department of Education shall conditionally approve a provider who is otherwise qualified but without sufficient prior, successful experience offering online courses, to offer courses measured by statewide assessments under Section 1008.22, F.S., with a learning gains component, end-of-course assessments, or Advanced Placement (AP) examinations. Conditional approval shall be valid for one (1) school year only and, based on the provider’s subsequent experience in offering the courses under this paragraph, the Department shall determine whether to grant final approval to offer a virtual instruction program under the criteria for successful experience as outlined in this paragraph.

2. Renewal. Renewal applicants with a school grade in the most recent grades release by the Department of Education meet the prior successful experience criteria unless they are disqualified pursuant to Section 1002.45(8), F.S. Pursuant to Section 1002.45(8), F. S., a provider who was disqualified under this section shall be ineligible for approval for one (1) year. Thereafter, the provider must submit an application for initial approval. Renewal applicants without a school grade must meet the criteria for prior successful experience required for initial approval.

(b) In accordance with Section 1002.45(2)(a)6., F.S., the applicant must be accredited by at least one of the following K-12 regional accrediting agencies, their successors or assigns: Cognia (AdvancED), Middle States Association of Colleges and Schools Commission on Elementary School and Secondary Schools, New England Association of Schools and Colleges, Northwest Accreditation Commission, or Western Association of Schools and Colleges.

(c) Pursuant to Section 1002.45(2)(a)7., F.S., the curriculum plan must include evidence:

1. That the applicant’s online program and courses meet the standards of the National Standards for Quality Online Programs and Courses, formerly provided by the International Standards of Quality for Online Courses; International Association of K12 Online Learning

2. through 3. No change.

(d) No change.

(4) The Department of Education will review each complete application and provide the applicant with a written decision regarding the approval or denial of the application no later than forty-five (45) calendar days after the deadline. Incomplete applications, including applications lacking required supporting documentation will not be reviewed. Approved providers will be posted to the website: https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/approved-providers/ www.fldoe.org/Schools/virtual-schools/DistrictVIP.asp.

(5) through (6) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1002.45(11) FS. Law Implemented 1002.45 FS. History–New 11-26-08, Amended 10-21-09, 3-20-11, 12-20-11, 1-23-13, 1-1-14, 7-28-15, 10-30-16, 8-21-18,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sandy Eggers, Virtual Education Director, Office of Independent Education and Parental Choice.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 16, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 13, 2021