To specify the procedures and timelines for implementation of an industry certification process and adoption of the CAPE Industry Certification Funding List changes; changes to the industry certification process and funding ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0576CAPE Industry Certification Funding List

PURPOSE AND EFFECT: To specify the procedures and timelines for implementation of an industry certification process and adoption of the CAPE Industry Certification Funding List changes; changes to the industry certification process and funding list are required by House Bill 1507 (2021). This new rule will incorporate language from rules 6A-6.0573, Industry Certification Process, and 6A-6.0574, CAPE Postsecondary Industry Certification Funding List. As a result rules 6A-6.0573 and 6A-6.0574 will be repealed.

SUMMARY: This new rule is created for the implementation of statutory changes included in House Bill 1507 (2021) to section 1008.44, Florida Statutes as they relate to the Career and Professional Education (CAPE) Act. These changes require the adoption of a single industry certification funding list for use in implementation sections 1011.62(1)(o), 1011.80, and 1011.81, F.S. In addition to prior provisions, the rule has been reorganized and included references to the Master Credential List. Beginning with the 2022-23 school year, industry certifications must be included on the Master Credentials list adopted by the Credentials Review Committee to be eligible for inclusion on the CAPE Industry Certification Funding List. This CAPE Industry Certification Funding List adopted in this rule is a combination of the certifications approved for secondary FEFP funding eligibility and postsecondary school district and Florida College System performance funding.

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 rule authorizes industry certifications through which school district technical colleges and FCS institutions earn performance incentive funding. These certifications have been evaluated to be rigorous and tied to the statewide occupational demand in Florida. Based upon the nature of these changes and experience with similar changes in the past, no adverse impact or regulatory cost is expected and certainly none that will exceed any of the criteria of s. 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: 1001.02(2)(n), 1003.4203(9), 1003.491(5)(D), 1011.62(1), F.S.

LAW IMPLEMENTED: 1003.4203(9), 1003.491(5)(D), 1003.492, 1003.493, 1003.4935, 1008.44, 1011.62(1), 1012.796, 1011.80, 1011.81, F.S.

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

DATE AND TIME: August 17, 2022, 9:00 a.m.

PLACE: Pensacola State College, Switzer Center for Visual Arts (Bldg. 15), 1000 College Boulevard, Pensacola, FL 32504.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0576 CAPE Industry Certification Funding List

(1) Purpose. The purpose of this rule is to specify the procedures and timelines for implementation of an industry certification process and adoption of the CAPE Industry Certification Funding List.

(2) Definitions. The following definitions shall be used in this rule and incorporated documents:

(a) “CAPE” means career and professional education.

(b) “CAPE Industry Certification Funding List” or “Funding List” means the list of industry certifications, certificates, and courses adopted by the State Board of Education for implementation of the Florida Career and Professional Education Act. Certifications, certificates, and courses identified on the Funding List are assigned additional full-time equivalent (FTE) membership funding, as specified in Sections 1008.44 and 1011.62(1), F.S.

(c) “CAPE Acceleration Industry Certifications” means certifications identified on the Funding List pursuant to the requirements in Sections 1003.4203(5)(b) and 1008.44(1)(e), F.S. These certifications have statewide articulation agreements for fifteen (15) or more college credits in a related postsecondary associate degree program.

(d) “CAPE Digital Tool Certificates” means certificates identified on the Funding List pursuant to the requirements in Sections 1003.4203(3) and 1008.44(1)(b), F.S. These certificates assess digitals skills that are necessary for a student’s academic work and are appropriate for elementary school and middle grades students.

(e) “CAPE Industry Certifications” means certifications identified on the Funding List pursuant to the requirements in Sections 1003.4203(4) and 1008.44(1)(a), F.S. An industry certification is a voluntary process through which students are assessed by an independent, third-party certifying entity using predetermined standards for knowledge, skills, and competencies, resulting in the award of a credential. These certifications either do not have a statewide articulation agreement for college credit or have a statewide articulation agreement for no more than fourteen (14) college credits in a related postsecondary associate degree program.

(f) “CAPE Innovation Courses” means courses identified by the Commissioner of Education pursuant to the requirements in Sections 1003.4203(5)(a) and 1008.44(1)(d), F.S. These courses combine academic and career content and include at least two (2) third-party assessments, one (1) of which must be associated with an industry certification identified on the Funding List.

(g) “Career-themed course” means a course as defined in Section 1003.493(1)(b), F.S., offered in secondary schools which meets the requirements in Section 1003.493(4), F.S. This may be any course available to students in grades 6-12 with career education content related to an industry certification.

(h) “Career and professional academy” means a program as defined in Section 1003.493(1)(a), F.S., offered in secondary schools which meets the requirements in Section 1003.493(4), F.S. An academy is a research-based program with rigorous academic and industry-specific curriculum aligned to the priority workforce needs.

(i) “Master Credentials List” means the list adopted by Credentials Review Committee and CareerSource Florida and transmitted to the Department in accordance with Section 445.004, F.S. This list includes industry certifications and digital tool certificates, which must be used to determine eligibility for inclusion on the Funding List.

(j) “Monitor” is the individual assigned to independently observe the administration of an industry certification exam.

(k) “Proctor” is the individual assigned to administer industry certification exams.

(l) “Remote proctoring” is the process of taking an exam while the test taker is in one location and the virtual proctor is in another location.

(m) “Virtual proctor” is a live human who remotely watches the test taker during the exam. This person must see the test candidate and the exam synchronously, as well as the environment in which the test is taken.

(3) Adoption of the Master Credentials List. The “2022-2023 Master Credentials List” submitted to the Department by CareerSource Florida (reference link) 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) Adoption of the annual Funding List. The Funding List is composed of industry certifications, certificates, and courses as specified in Sections 1008.44 and 1011.62(1), F.S.

(a) The list includes the following certifications and certificates:

1. CAPE Industry Certifications;

2. CAPE Acceleration Industry Certifications; and,

3. CAPE Digital Tool Certificates.

(b) Industry certifications on the Funding List are designated as postsecondary funding eligible in accordance with ss. 1011.80 and 1011.81, F.S., based upon the postsecondary funding recommendation provided by CareerSource Florida on the Master Credentials List.

(c) The Funding List contains waivers of age, grade level, diploma or degree, and post-graduation work experience. Students earning a certification with a waived requirement may be reported for funding if the student completed all requirements for earning the certification except for the waived component.

(d) The “2022-2023 CAPE Industry Certification Funding List” (reference link) 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.

(5) General requirements for inclusion on the Funding List. For inclusion on this list, each certification must:

(a) Require written or performance-based examinations for students that are designed to award a certificate only when a student demonstrates competency or proficiency in the certification area;

(b) Be developed by a third party and administered in accordance with the test administration procedures specified by the certifying agency;

(c) Require all written examinations be proctored by a third party and not proctored by the individual providing direct instruction for the industry certification;

(d) Require performance-based competency examinations be independently evaluated and not performed by the student’s direct instructor;

(e) Require the exam questions be delivered in a secure manner and not available to the test proctor for an extended period of time, other than the time necessary to receive, distribute, and return any written materials to the scoring entity; and,

(f) Require that the written examinations be scored by the certifying agency.

(6) Designation of K-12 funding eligibility on the Funding List. In order for a certification or digital tool certificate to be eligible for additional FTE membership funding pursuant to Section 1011.62(1), F.S., the following criteria must be met:

(a) To be included as a CAPE Industry Certification or a CAPE Acceleration Industry Certification on the Funding List, a certification must:

1. Be on the Master Credentials List,

2. Be requested by a school district for inclusion with K-12 funding eligibility,

3. Be achievable by students in a secondary level program or a career dual enrollment program offered by a school district; and,

4. Require a minimum of one hundred fifty (150) hours of instruction.

(b) To be included as a CAPE Acceleration Industry Certification, the certification must have a statewide articulation agreement approved by the State Board of Education in Rule 6A-10.0401, F.A.C., with fifteen (15) or more college credits.

(c) To be included as a CAPE Digital Tool Certificate, the certificate must be designated on the Master Credentials List as a certificate that meets the requirements in Sections 1003.4203(3) and 1008.44(1)(b), F.S.

(7) Publication Date for the Funding List. The Funding List for the school year shall be published no later than August 1.

(8) Funding weights for certifications on the Funding List. Pursuant to Section 1011.62(1), F.S., the weight used for CAPE Industry Certifications and CAPE Acceleration Industry Certifications in the FEFP is based on statewide articulation agreements approved by the State Board of Education in Rule 6A-10.0401, F.A.C., which is incorporated herein by reference (reference link). If an articulation agreement is no longer current and is removed from Rule 6A-10.0401, F.A.C., after the start of the academic year, the funding weight will be updated during the adoption cycle for the following academic year. A copy of Rule 6A-10.0401, F.A.C. may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399.

(9) Conditions for Florida Education Finance Program (FEFP) calculation and reporting.

(a) A school district is eligible for additional FTE membership under the following conditions:

1. Middle grades or high school student is enrolled in a registered career-themed course and completes a related CAPE Industry Certification or CAPE Acceleration Industry Certification on the Funding List, or

2. Elementary or middle grades student completes a CAPE Digital Tool Certificate on the Funding List, or

3. Middle grades or high school student is enrolled in a CAPE Innovation Course and completes all of the requirements for the CAPE Innovation Course.

(b) Pursuant to Section 1011.62(1), F.S., middle grades students who earn additional FTE membership for a CAPE Digital Tool Certificate may not use the previously funded examination to satisfy the requirements for earning a CAPE Industry Certification, CAPE Acceleration Industry Certification, or CAPE Innovation Course. The district shall not report a certification for which a portion of the industry certification exams were previously funded as a CAPE Digital Tool Certificate.

(c) To report successful attainment of certifications, certificates, and course completion on the Funding List, the following test administration procedures for all examinations associated with earning the industry certification must be followed:

1. The written exam is not proctored by the individual providing the direct instruction for the industry certification or certificate, except if the only individual permitted to be a proctor by the certifying agency is providing direct instruction for the industry certification and only one (1) eligible proctor is approved in a school. In this situation, all written tests are independently monitored by a second individual who does not provide direct instruction for the industry certification to the individuals taking the test(s).

2. The written exam questions are delivered in a secure manner and paper-based tests are not available to the test proctor for a period of time, other than the time necessary to receive, distribute, and return any written materials to the scoring entity.

3. The exam is scored by the certifying agency for the industry certification or certificate or an approved vendor of the certifying agency and may not be scored by a representative of the school district or the examinee.

4. The exam has been administered in accordance with the test administration procedures specified by the certifying agency; and,

5. The exams leading to the industry certification must not have been administered to a student more than three (3) times during the academic year with a minimum of twenty (20) calendar days between test administrations. If an exam attempt is invalidated by the certifying agency due to a testing irregularity which is not due to student misconduct, the district may administer a re-test before the twenty (20) day waiting period has elapsed.

6. If the only requirement for the certification is a performance-based competency exam, the instructor may not proctor the exam.

(d) School districts may report students who complete industry certifications during the update period allowed by the Department of Education for survey 5 after an initial submission as specified in Rule 6A-1.0451, F.A.C.

(e) Postsecondary dual enrollment courses must be registered by the district as career-themed courses for the CAPE Industry Certification or CAPE Acceleration Industry Certification earned in these courses to be included in the additional FTE membership calculation, under the conditions specified in Section 1011.62(1), F.S.

(f) Exams may not be used to satisfy the requirements for more than one industry certification or certificate.

(10) Registration of K-12 career and professional academies. School districts must annually register career and professional academies offered by the school district. Form FCAPE-01, Florida Career and Professional Education Act Career and Professional Academies, (reference link) is hereby incorporated by reference in this rule, effective September 2022, and shall be utilized for reporting the information. Form FCAPE-01 may be found on the Department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary. Registration will take place during an annual reporting window which will be open no later than August 16 and close on September 15 or the next business day. After the close of the submission window, districts may submit corrections during an update window from October 1 to the last business day in October. The Department will assign a unique three-digit identifier to be used by school districts for reporting students in academies.

(11) Registration of career-themed courses eligible for funding as specified in Section 1011.62(1), F.S. School districts must annually register each career-themed course offered in their district by school using the web-based application available at https://web02.fldoe.org/CAPE/login.aspx.

(a) Eligible courses must be registered by the school district for an academic year during the following registration windows: October 16 to the last business day in November, February 1 to first business day in March, and July 15 to the last business day in August.

(b) A course must have students enrolled in the academic year in order to be registered.

(c) For the 2022-23 reporting year, the registration system includes all career education courses approved for grades 6 through 12 in the course code directory as adopted in Rule 6A-1.09441, F.A.C. Other courses available to students in grades 6 through 12 may be added to the registration system if requested by a school district and with documentation that student mastery of at least five (5) core standards are assessed by an industry certification exam adopted on the CAPE Industry Certification Funding List.  Beginning with the 2023-24 reporting year, the registration of career-themed courses is limited to an approved list of industry certification offerings for each eligible course.

(d) Districts will be eligible for the additional FTE membership provided in Section 1011.62(1)(o), F.S., for the industry certifications on the Funding List which are identified by the school district in the course registration.

(e) A dual enrollment course at a public or private postsecondary institution may be registered by the district as a career themed course if the district has an articulation agreement with the postsecondary institution and the course leads to an industry certification on the Funding List and is not eligible for other performance funds as specified in Section 1011.62(1)(o)1.b., F.S.

(f) The registration system requires final approval by the district superintendent, which certifies that the course is being registered in accordance with the statutory definition and requirements for career-themed courses in Sections 1003.493(1)(b) and 1003.493(4), F.S., including that the course is being taught by instructors in the school who hold the industry certifications or higher-level industry certifications for which the course is being registered.

(g) Registration of career-themed courses is required for funding in the FEFP.

(h) Form FCAPE-02, Florida Career and Professional Education Act Career-Themed Course (CTC) Registration Form, (link) is hereby incorporated by reference in this rule to become effective September 2022 and shall be utilized for reporting the career-themed course information. Form FCAPE-02 may be found on the Department’s website at: https://web02.fldoe.org/CAPE.

(12) Teacher and proctor conduct provisions for maintaining the validity of the industry certification credential for K-12 students. 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) Teachers providing instruction leading to industry certification 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 industry certification.

3. Administer an industry certification exam to students to whom they provide direct instruction for the certification, or to any student taking an industry certification exam for which the teacher provides direct instruction, except as specified in subparagraph (9)(c)1. of this rule.

4. Administer an industry certification exam to themselves.

5. Administer an industry certification exam to other staff members, if they provide direct instruction for the certification.

6. Administer any industry certification exam to a family member.

7. Preview active exam content, even in the presence of a monitor or assigned proctor.

8. Access any testing materials, either computer-based or paper-based, unless assigned as the only available proctor as specified in paragraph (9)(c) of this rule.

9. Reveal, print, copy, screen capture or otherwise reproduce test questions that are part of an active version of an industry certification exam.

10. Take any industry certification exam using any name other than their own legal name.

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

12. Interfere in any way that jeopardizes the integrity of the test with persons assigned to administer or proctor industry certification exams.

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

14. Assist a certifying agency in reviewing and creating exam questions for an industry certification exam for which they provide direct instruction.

15. Participate in, direct, aid, counsel, assist in, or engage in conduct or activity which could result in inaccurate measurement of student achievement on industry certification exams.

(b) Authorized proctors or monitors for the industry certification 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 industry certification.

3. Reveal, print, copy, screen capture or otherwise reproduce exam questions, unless expressly authorized by the certifying agency for the industry certification.

4. Provide access to an exam to any teacher or other district employee, except as part of any official administration of the exam for the purpose of that teacher or employee obtaining the industry certification.

5. Take any industry certification exam using any name other than their own legal name.

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

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

8. Share credentials provided by the certifying agency for the purpose of administering industry certification exams.

9. Administer any industry certification exam to a family member.

10. Participate in, direct, aid, counsel, assist in, or engage in conduct or activity which could result in inaccurate measurement of student achievement on industry certification exams.

(c) The school district must not report an exam score that is the product of any of the activities set out in paragraphs (12)(a)-(b).

(13) 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 (13)(a).

(14) Local test administration procedures and training for industry certification exam administration for K-12 students. School districts must create and maintain local test administration procedures for the administration of all industry certification exams.

(a) These test administration procedures must include the following:

1. Verification that each responsible teacher or proctor has received training on test security. Teachers and proctors must annually sign a statement of educational integrity which includes the detrimental and negative impact academic dishonesty brings upon a profession, as well as safety and security hazards which may result when candidates have not met the industry standard for acceptable training.

2. Notification of disciplinary actions and consequences for engaging in or allowing testing irregularities and compromises.

3. Notification of disciplinary actions and consequences for failure to abide by all security protocol.

4. Procedures for handling test interruptions, testing irregularities and technical abnormalities that occur during exam administration.

5. Annual training on Florida Statutes and State Board of Education Rules pertaining to industry certification.

(b) All teachers providing instruction, proctors administering industry certification exams, and monitors for industry certification exams must annually sign Form FCAPE-03, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement (link), which is hereby incorporated by reference in this rule to become effective September 2022. Form FCAPE-03 may be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(c) School districts shall maintain records and rosters for required training, including signed documents, for a minimum of five (5) years.

(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 FCAPE-03, 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 FCAPE-03, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement.

(15) Reporting requirements for violations of industry certification test administration provisions for K-12 students. In those situations, where provisions of subsection (12) and (13) of this rule are violated by a teacher or proctor, the district shall prepare a report made to the department and the certifying agency. This notification must occur within five (5) business days, unless the certifying agency has a more stringent requirement. The report shall include a description of the incident, the names of the persons involved in or witness to the incident, and other information as appropriate. Districts shall report to the department using Form FCAPE-04, Florida Career and Professional Education Act Testing Violation Report, (reference link) which is hereby incorporated by reference in this rule to become effective September 2022. Form FCAPE-04 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(16) Remote proctoring of industry certification exams for K-12 students. Remote proctoring of industry certifications and digital tool certificates is allowed in circumstances where the certifying agencies offer remotely proctored testing options under certain conditions.

(a) Remotely proctored exams must include:

1. Confirmation of student test taker’s identity,

2. Virtual proctor,

3. Secure delivery of electronic exam; and,

4. Process for identifying testing irregularities.

(b) The certifying agency must issue the same credential that would have been earned in the traditional proctoring setting.

(c) Certifications and certificates approved by the Department as meeting this criteria are posted on the following webpage: http://www.fldoe.org/academics/career-adult-edu/cape-secondary/cape-industry-cert-funding-list-current.stml.

Rulemaking Authority 1001.02(2)(n), 1003.4203(9), 1003.491(5)(D), 1008.44, 1011.62(1) FS. Law Implemented 1003.4203, 1003.492, 1003.493, 1003.4935, 1011.80, 1011.81, 1008.44, 1011.62(1), 1012.796 FS. History-New

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 21, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 23, 2022