To update the rule to adopt the most recent CAPE Industry Certification Funding List, recommendations from CareerSource Florida and the Department of Agriculture and Consumer Services, and required forms. In addition, updates are included on remote ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-6.0573: Industry Certification Process.

PURPOSE AND EFFECT: To update the rule to adopt the most recent CAPE Industry Certification Funding List, recommendations from CareerSource Florida and the Department of Agriculture and Consumer Services, and required forms. In addition, updates are included on remote proctoring. The effect of the rule development is to ensure that appropriate certifications are included on the most recent 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 2020-2021 CAPE Industry Certification Funding List; 2) Adoption by reference of the industry certification recommendations from CareerSource Florida; 3) Adoption of required forms; 4) Updates on remote testing and proctoring; and 5) Clarifying language.

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 amendment authorizes industry certifications which school districts are provided incentives to offer. These certifications have been evaluated to be rigorous and tied to the statewide occupational demand in Florida. Based upon the nature of the changes, 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.

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: 1003.4203(9), 1003.492(3), 1008.44, 1011.62(1)(o), F.S.

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

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

DATE AND TIME: September 23, 2020, 9:00 a.m.

PLACE: Florida Holocaust Museum, 55 5th St S., Saint Petersburg, FL 33701.

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], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0573 Industry Certification Process.

(1) Purpose. The purpose of this rule is to specify the procedures and timelines for implementation of an industry certification process.

(2) through (l) no change.

(m) “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.

(n) “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 2020-2021 2019-2020 CareerSource Florida Recommendations. CareerSource Florida’s list of recommended industry certifications (https://www.flrules.org/Gateway/reference.asp?No=Ref-), 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) The list includes the following certifications and certificates:

1. “CAPE Industry Certifications,”

2. “CAPE Acceleration Industry Certifications;” and,

3. “CAPE Digital Tool Certificates.”

(b) This list will be known as the “2020-2021 2019-2020 CAPE Industry Certification Funding List, Updated” (http://www.flrules.org/Gateway/reference.asp?No=Ref-) 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 (9) no change.

(10) Requirements for inclusion of “CAPE Industry Certifications” for farm occupations on the “CAPE Industry Certification Funding List.” Pursuant to section 570.07(43), F.S., the Florida Department of Agriculture and Consumer Services (FDACS DOACS) shall submit industry certifications for farm occupations to the “CAPE Industry Certification Funding List” according to the following requirements:

(a) The request must be received by the Department no later than March 15;

(b) The request must be submitted on official FDACSDOACS letterhead; and,

(c) The request must include the following:

1. The name of the certifying agency, contact information for the agency, and web link for the certification on a publicly searchable site maintained by the certifying agency,

2. Information on the requirements to earn the certification including required written and performance tests, work experience, or any other components of earning the certification,

3. Information on the test format and test administration policies and procedures including documentation that that the written exams are third-party developed, scored by the certifying agency, and given in a proctored testing environment; and,

4. Information on the farm occupations demonstrating that the certification addresses a critical local or statewide economic need.

(d) The Department of Education shall add the industry certification to the “CAPE Industry Certification Funding List” based on the following criteria:

1. The industry certification meets the statutory requirements in sections 570.07 and 1003.492, F.S.,

2. The request meets the requirements set forth in paragraphs (10)(a)-(c) of this rule,

3. The certification meets the following requirements:

a. Written exams are third-party developed, scored by the certifying agency, and given in a proctored testing environment,

b. The certification is achievable by students in a secondary level program,; and,

c. The certification requires a minimum of one hundred fifty (150) hours of instruction as assessed by the Department of Education; and,

d. The certification must lead to employment in a farm occupation as defined in paragraph (2)(j).

(e) In the event the requested industry certification does not meet the requirements for inclusion on the “CAPE Industry Certification Funding List,” the Department of Education shall notify DOACS of deficiencies no later than April 15. DOACS shall provide any additional information that addresses the deficiencies by May 15 in order for the industry certification to be considered for inclusion on the “CAPE Industry Certification Funding List” for the following year.

(11) through (12) no change.

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

(a) A school district shall be eligible for additional full-time equivalent (FTE) membership under the following conditions:

1. through 3. No change.

(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) In order for the district to report successful attainment of certifications, certificates, and course completion on the “CAPE Industry Certification Funding List,” the following test administration procedures for all examinations associated with earning the industry certification must be followed:

1. through 6. No change.

(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 in order 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)(o)1.b., F.S.

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

(14) No change.

(15) Registration of career-themed courses eligible for funding as specified in section 1011.62(1)(o), F.S. The Department of Education shall maintain a web-based application which shall be used by school districts for the annual submission of current information on each career-themed course by school.

(a) Eligible courses must be registered by the school district for an academic year during the following registration windows: October 16 to November 30, February 1 to March 1, and July 15 August 1 to August 10.

(b) through (h) no change.

(16) through (18) no change.

(19) For students enrolled in the 2020-21 academic year and beyond, remote proctoring for industry certifications and digital tool certificates. Certifying agencies may elect to offer remotely proctored testing options.

(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 shall be 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, 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,

 

 

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: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 04, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 22, 2020