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, a technical wording change is included to clarify ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0573Industry Certification Process.

PURPOSE AND EFFECT: 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, a technical wording change is included to clarify the rules for industry certifications earned through a performance-based exam only. The effect 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 2017-2018 CAPE Industry Certification Funding List; 2) Adoption by reference of the industry certification recommendations from CareerSource Florida; 3) Adoption of an updated registration form for career-themed courses; and 4) Clarifying language on industry certifications earned through a performance-based exam only.

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:

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), FS.

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

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

DATE AND TIME: September 13, 2017, 9:00 a.m.

PLACE: Tallahassee Community College Downtown Center, 300 West Pensacola Street, Tallahassee, FL 32301.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Bureau Chief, 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) through (2) No change.

(3) Adoption of the 2017-2018 2016-2017 CareerSource Florida Recommendations. CareerSource Florida’s list of recommended industry certifications (https://www.flrules.org/Gateway/reference.asp?No=Ref-07467) 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 “2017-2018 2016-2017 CAPE Industry Certification Funding List, Updated” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07468) 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) General requirements for inclusion on the “CAPE Industry Certification Funding List.” All items on the “CAPE Industry Certification Funding List” must include written or performance-based competency exams. All written exams must be that are third-party developed, scored by the certifying agency, and given in a proctored testing environment. Written exams to earn the certification may not be scored by any school district staff member. Performance-based competency exams must be independently evaluated and may not be performed by an instructor.

(7) 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. Middle grades or high school student is enrolled in a registered career-themed course and completes a “CAPE Industry Certification” or “CAPE Acceleration Industry Certification” on the “CAPE Industry Certification Funding List,” or

2. Elementary school or middle grades student completes a “CAPE Digital Tool Certificate” on the “CAPE Industry Certification 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) 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 written 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 under the following conditions:

a. 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, the individual providing direct instruction shall be permitted to proctor the exam; and,

b. All written tests proctored by the individual providing direct instruction 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.

6. If the certification is awarded based upon the outcome of a performance-based competency exam only, the successful attainment of the certification may not be reported if the exam is conducted by an instructor at the district or school of instruction.

(d) through (e) No Change.

(14) Registration of career and professional academies and career-themed courses. The Department of Education shall maintain a website for school districts to register high school career and professional academies, middle grades career and professional academies, and career-themed courses.

(a) through (b) No change.

(c) For career-themed courses, school districts shall annually submit up-to-date information on each career-themed course by school during an initial registration period from October 16 to November 30, and shall be allowed to submit updates after the initial registration period during the subsequent period of February 1 to March 1 and August 1 to August 10. Form FCAPEA-03, Florida Career and Professional Education Act Career-Themed Course Registration Form, (http://www.flrules.org/Gateway/reference.asp?No=Ref-07469) is hereby incorporated by reference in this rule to become effective October 2017 2016, and shall be utilized for reporting the career-themed course information. Form FCAPEA-03 may be found on the Department’s website at: https://app1.fldoe.org/workforce/CAPE.

Rulemaking Authority 1003.4203(9), 1003.492(3), 1008.44, 1011.62(1)(o) FS. Law Implemented 1003.4203, 1003.492, 1003.493, 1003.4935, 1008.44, 1011.62(1)(o) 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,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Goodman, Bureau Chief, Division of Career and Adult Education.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 12, 2017