The purpose and effects of this rule are: 1) Adoption by reference of the 2024-2025 Master Credentials List; 2) Adoption of the 2024-2025 CAPE Industry Certification Funding List; 3) Removal of language on career and professional ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0576CAPE Industry Certification Funding List

PURPOSE AND EFFECT: The purpose and effects of this rule are: 1) Adoption by reference of the 2024-2025 Master Credentials List; 2) Adoption of the 2024-2025 CAPE Industry Certification Funding List; 3) Removal of language on career and professional academy registration window; 4) Adoption of the 2024-2025 Secondary Career and Technical Education (CTE) Program to Certification Linkages list; 5) Adoption of the 2024-2025 Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitution list.

SUMMARY: District and Florida College System Postsecondary Industry Certification.

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 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(1), (2)(n), 1003.491(5)(d), 1003.4203(8), 1008.44(1), 1011.62(1), F.S.

LAW IMPLEMENTED: 1003.4203, 1003.491(9), 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 21, 2024, 9:00 a.m.

PLACE: Okaloosa County School District, 202A Highway 85 N., Niceville, FL 32578.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0576 CAPE Industry Certification Funding List

(1) No change.

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

(a) through (f) No change

(g) “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.

(g)(h) “Career and technical education program or program of study” means a career preparatory, technology education apprenticeship, or pre apprenticeship program with a curriculum framework adopted by the State Board of Education in Rule 6A-6.0571, F.A.C. The courses for this program are identified in each curriculum framework with a course sequence. Career and technical education programs or programs of study, along with dual enrollment courses that may be substituted for these programs are included on the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions List.

(h)(i) “Master Credentials List” means the industry certification and digital tool certificate 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.

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

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

(k)(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.

(l)(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 2024-2025 2023-2024 Master Credentials List submitted to the Department by CareerSource Florida is adopted by the State Board of Education and incorporated by reference in this rule.

(4) Adoption of the annual Funding List. The 2024-25 2023-24 Funding List is composed of industry certifications and certificates as specified in Sections 1008.44 and 1011.62(1), F.S.

(a) through (c) No change.

(5) No change.

(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) through (b) No change.

(c) To be included as a CAPE Digital Tool Certificate, the certificate must be designated on the 2024-2025 2023-2024 Master Credentials List as a certificate as of June 30, 2023, or be approved by the Department of Education as specified in Sections 1003.4203(2)(3) and 1008.44(1)(b), F.S.

1. School districts career and professional education directors may request a review of assessments and credentials for approval as CAPE Digital Tool Certificates during a submission window from the first business day in March to first business day in April of each year. Submissions will be reviewed for approval for the following academic year. Form FCAPE-05, CAPE Digital Tool Certificate Submission Form, must be utilized by school districts for submission of new CAPE Digital Tool Certificates.

2. No change.

(7) School District Requests for an Industry Certification for FEFP Funding Eligibility and Secondary Career and Technical Education Program Linkages. School districts may request an industry certification approved on the Master Credentials List for FEFP funding eligibility and industry certification linkages to secondary career and technical education program or program of study during an annual submission window. The request window allows school districts to submit information for the following purposes: request FEFP funding eligibility and program linkages for an industry certification which was added to the Master Credentials List since the last funding list adoption; request FEFP funding eligibility and program linkages for an industry certification on the Master Credentials List which only has postsecondary funding eligibility on the most recent CAPE funding list; and, request new program linkages for certifications that are already approved for the CAPE funding list.

(a) through (d) no change.

(e) Approved program to certification linkages will be included on the annual Secondary Career and Technical Education Program to Industry Certification Linkage List for programs or programs of study identified on the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions List as defined in paragraph (2)(g)(h) of this rule.

(8) through (11) No change.

(12) Registration of K-12 career and professional academies. School districts must annually register career and professional academies offered by the school district using Form FCAPE-01, Florida Career and Professional Education Act Career and Professional Academies. 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.

(12)(13) 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) through (i) No change.

(13)(14) Teacher, and proctor or monitor 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 must 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 must not:

1.through 7. No change.

8. Access any testing materials, either computer-based or paper-based, unless assigned as the only available proctor as specified in paragraph (10)(9)(c) of this rule.

9. through 15. No change.

(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(13)(14)(a)-(b).

(14)(15) Teacher, proctor or monitor 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) No change.

(b) The school district must not report an exam score that is the product of any of the activities set out in paragraph (14)(15)(a).

(15)(16) 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) through (e) No change.

(16)(17) Reporting requirements for violations of industry certification test administration provisions for K-12 students. In those situations, where provisions of subsections (13) and (14) of this rule are violated by a teacher or, proctor, or monitor the district must 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 must 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.

(a) A teacher, proctor or monitor that is currently under investigation for a testing violation may not serve as a proctor for any industry certification exams while the investigation is ongoing.

(b) In the event of a confirmed finding of a testing violation, the teacher, proctor or monitor may not serve as a proctor for a minimum of twelve (12) months and must complete a department approved course in the area of Educational Ethics.  The teacher or proctor shall submit documentation verifying successful completion to the Department of Education.

(c) In the event of a second confirmed finding of a testing violation, the teacher, proctor or monitor is permanently prohibited from serving as a proctor or administrator.

(17)(18) K-12 student conduct provisions during test administrations. School districts must have local policies and procedures for the review of student conduct during and after industry certification and certificate exam administrations. These procedures must address any student conduct that violates certifying agency requirements for test administration or jeopardizes the integrity of the test. This conduct includes but is not limited to use of unauthorized materials during the testing, use of a cell phone or any other device with the ability to take photos of exam materials, assisting any other test taker with exam questions, and the disclosure of any test questions after the test administration. If a district determines the student violated the conduct provisions, the student must be prohibited from testing on any industry certification or certificate for a minimum period of six (6) months. If the district determines that the student conduct jeopardized the integrity of the exam beyond the scope of the student’s own performance on the exam, the district must complete Form FCAPE-04 and report the incident to the department for review.

(18)(19) 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) through (c) No change.

(19)(20) The following documents are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400, or at the websites listed below.

(a) 2024-25 2023-24 CAPE Industry Certification Funding List Updated (https://www.flrules.org/gateway/reference.asp?No=Ref-16710), effective September July 2024.

(b) 2024-25 2023-24 Master Credentials List (https://www.flrules.org/gateway/reference.asp?No=Ref-15911), effective September 2024 August 2023.

(c) Form FCAPE-01, Florida Career and Professional Education Act Career and Professional Academies (https://www.flrules.org/gateway/reference.asp?No=Ref-15317), effective May 2023. Form FCAPE-01 may be found on the department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(c)(d) Form FCAPE-02, Florida Career and Professional Education Act Career-Themed Course (CTC) Registration Form (https://www.flrules.org/gateway/reference.asp?No=Ref-14695), effective September 2022. Form FCAPE-02 may also be found on the department’s website at: https://web02.fldoe.org/CAPE.

(d)(e) Form FCAPE-03, Florida Career and Professional Education Act Industry Certification Test and Security Agreement (https://www.flrules.org/gateway/reference.asp?No=Ref-14696), effective September 2022. Form FCAPE-03 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(e)(f) Form FCAPE-04, Florida Career and Professional Education Act Testing Violation Report,  (http://www.flrules.org/Gateway/reference.asp?No=Ref-15914), effective September 2023. Form FCAPE-04 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(f)(g) Form FCAPE-05, CAPE Digital Tool Certificate Submission Form (https://www.flrules.org/gateway/reference.asp?No=Ref-16711), effective July 2024. Form FCAPE-05 may also be found on the department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(g)(h) Form FCAPE-06, Florida Career and Professional Education Act Funding and Program Request (http://www.flrules.org/Gateway/reference.asp?No=Ref-16712), effective July 2024. Form FCAPE-06 may also be found on the Department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(h)(i) Rule 6A-10.0401, F.A.C. (https://www.flrules.org/gateway/reference.asp?No=Ref-14693)

(i)(j) 2024-25 2023-24 Secondary Career and Technical Education Program to Industry Certification Linkage List (http://www.flrules.org/Gateway/reference.asp?No=Ref-16713), effective September July 2024.

(j)(k) 2024-25 2023-24 Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions (http://www.flrules.org/Gateway/reference.asp?No=Ref-16714), effective September July 2024.

Rulemaking Authority 1001.02(1), (2)(n), 1003.4203(8)(9), 1003.491(5)(d), 1008.44(1), 1011.62(1) FS. Law Implemented 1003.4203, 1003.491, 1003.492, 1003.493, 1003.4935, 1011.80, 1011.81, 1008.44, 1011.62(1) FS. History‒New 9-20-22, Amended 5-23-23, 9-26-23, 7-2-24,

 

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 25, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 23, 2024