The purpose of this rule revision is to amend the rule to conform to statutory changes from Chapter 2013-27, Laws of Florida. In addition, the most recent Industry Certification Funding List and Comprehensive Industry Certification List will be ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0573Industry Certification Process

PURPOSE AND EFFECT: The purpose of this rule revision is to amend the rule to conform to statutory changes from Chapter 2013-27, Laws of Florida. In addition, the most recent Industry Certification Funding List and Comprehensive Industry Certification List will be adopted by reference. To ensure curricular integrity, the criteria for approval of items on the Industry Certification Funding List is revised to require that such industry certifications have reliable third-party developed examinations. The effect of the rule amendment is to ensure that appropriate certifications are included on the Industry Certification Funding List.

SUMMARY: The amendment includes revisions to the rule and documents incorporated by reference. The 2013-2014 Industry Certification Funding List is adopted with statutorily authorized exemptions for post-high school graduation requirements. The timelines and forms for the registration of academies and career themed courses are updated. Language on funding weights in the Florida Education Finance Programs was amended to reflect the current statutory requirements as well as the elimination of the middle school science, technology, engineering and mathematics (STEM) list. Criteria for approval of Industry Certifications on the funding list are revised to add the requirement for a valid third-party examination.

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 impact on the factors found in Section 120.541(2)(a), Florida Statutes. This is because the amendment authorizes additional industry certifications for 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.

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: 1003.492(2), 1008.44 FS.

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

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

DATE AND TIME: September 17, 2013, 9:00 a.m.

PLACE: Forest Hill Community High School, 6901 Parker Avenue, West Palm Beach, FL 33405

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Bureau Chief, 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-6.0573 Industry Certification Process.

(1) Pursuant to Section 1003.492(2), F.S., Workforce Florida, Inc.’s approved list of industry certifications, which has been named the “Workforce Florida, Inc. Comprehensive Industry Certification List for the Career and Professional Education Act, 2013-2014 2012-2013” (http://www.flrules.org/Gateway/reference.asp?No=Ref-02159) is adopted by the State Board of Education and incorporated by reference in this rule. The “Workforce Florida, Inc. Comprehensive Industry Certification List for the Career and Professional Education Act, 2013-2014 2012-2013” may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399 Education’s web site at http://www.fldoe.org/workforce/fcpea/default.asp.

(2) The “Comprehensive Industry Certification List” shall be published by March 1 of each calendar year.

(3) “Industry Certification Funding List.” The Department of Education shall review the approved “Comprehensive Industry Certification List” to identify certifications deemed sufficiently rigorous academically and, thus, eligible for additional full-time equivalent (FTE) membership funding, pursuant to Section 1011.62(1), F.S.

(a) This list will be known as the “2013-2014 2012-2013 Industry Certification Funding List” (http://www.flrules.org/Gateway/reference.asp?No=Ref-02160) to be published by the Department of Education and is incorporated by reference in this rule. The “2013-2014 2012-2013Industry Certification Funding List” may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399 Education’s web site at http://www.fldoe.org/workforce/fcpea/default.asp.

(b) To be considered for additional full-time equivalent membership funding and included on the “2013-2014 2012-2013 Industry Certification Funding List,” in this paragraph, a certification shall:

1. Be on the “Comprehensive Industry Certification List;”

2. Be achievable by secondary students; and

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

(c) All items on the “Industry Certification Funding List” must be industry certifications whose exams are third-party developed and given in a proctored environment with test administration procedures that ensure the validity of the exam.

(4) No later than March 5 each year, the Department of Education shall produce a preliminary “Industry Certification Funding List” and shall show the industry certifications for which registered career and professional academy students may be reported for additional full-time equivalent membership funding by school districts under Section 1011.62(1), F.S.

(a) School districts shall be provided a period of time to request additions to the preliminary “Industry Certification Funding List” prior to publication of the final “Industry Certification Funding List” for the following school year.

(b) School districts offering career and professional academies or career-themed courses under Section 1003.492, F.S., may submit requests to include an industry certification, not on the preliminary “Industry Certification Funding List,” to the final “Industry Certification Funding List” along with supporting documentation, to the Department of Education.

1. Supporting documentation shall include a statement of justification and other resource material to document that the certification meets the requirements for inclusion on the list illustrate the correlation between the program standards and the certification examination competencies.

2. Requests shall be submitted no later than April 1 for inclusion on the final “Industry Certification Funding List.”

3. The Department of Education shall review each request according to the above criteria and respond to the submitting school district by May 15.

4. If the request is denied for failure to meet the criteria in paragraph (3)(b) of this rule, the specific reason for denial shall be included in the response to the school district.

(5) Pursuant to Section 1011.62(1), F.S., the weight used for the industry certification in Florida Education Finance Program (FEFP) shall be 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, by May 31 of the academic year for which the “Industry Certification Funding List” is adopted and for agreements which were valid at any time from August 1 to May 31 of the academic year industry certifications approved by the State Board of Education for inclusion in the final “Industry Certification Funding List” shall be assigned one of the following weights: 0.1, 0.2, or 0.3. The weights shall be determined by values assigned to indicators of rigor and employment value, with 50 percent of the points based on rigor and 50 percent based on employment value. Rigor and employment value each shall be assigned up to three points for a total possible value of six.

(a) Rigor shall be determined by the State Board of Education using the number of instructional hours necessary to earn the industry certification with bonus points assigned for certifications with Gold Standard Career Pathways Industry Certification to Associate in Applied Science (AAS/Associate in Science (AS) Statewide Articulation Agreements approved by the State Board of Education. Instructional hour values shall be determined based on the classroom instructional hours and work experience hours necessary to earn the certification.

1. Classroom instructional hours shall be determined through one of the following methods:

a. Instructional hours identified by the certifying agency or,

b. Alignment of statewide curriculum frameworks to the competencies required for the industry certification based on the review of the Department of Education. This process shall include a review of standards in the curriculum frameworks, as adopted by the State Board of Education in Rule 6A-6.0571, F.A.C., for the secondary and postsecondary programs that align with the certification.

2. Work experience hours shall be determined based on the work hours required by the certifying agency to earn the certification.

3. Instructional hours shall be the sum of classroom instructional hours and work experience hours.

4. The maximum value for the rigor of the industry certification is three points. The total instructional hours necessary to earn the industry certification shall be converted to rigor points based on the following scale:

a. A value of 150 to 300 hours equals 0.5 points.

b. A value of 301 to 450 hours equals 1.0 points.

c. A value of 451 to 600 hours equals 1.5 points.

d. A value of 601 to 750 hours equals 2.0 points.

e. A value of 751 to 900 hours equals 2.5 points.

f. A value of 901 or more hours equals 3.0 points.

5. If the State Board of Education has an approved Gold Standard Career Pathways Industry Certification to AAS/AS Degree Articulation Agreement for the certification, a value of 0.5 shall be added to the rigor point total if the points assigned for instructional hours are less than or equal to 2.5.

(b) Employment value shall be determined by the State Board of Education, in consultation with Workforce Florida, Inc., using the entry wage, growth rate, and average annual openings for the Standard Occupational Classification (SOC) code linked to the industry certification, based on occupational linkages assigned by the Department of Economic Opportunity.

1. The maximum employment value of the industry certification is three points. The State Board of Education shall assign one point to each certification for the three indicators: entry wage, growth rate, and average annual openings. Points shall be assigned to each certification based on the percentile ranking of the occupation to which it is linked among all occupations linked to certifications on the “Industry Certification Funding List.” The source for the employment information is data from Department of Economic Opportunity, Labor Market Statistics Center, Occupational Employment Statistics Program and Employment Projections Program, in the document “2007-12 Comprehensive Industry Certification List with Employment Data” (http://www.flrules.org/Gateway/reference.asp?No=Ref-02161) which is hereby incorporated by reference. The document can be accessed from the Department’s web site at http://www.fldoe.org/workforce/careeracademies/ca_home.asp.

2. The points for entry wage, growth rate, and average annual openings shall be assigned as follows:

a. A value at or below the 25th percentile equals 0.25 point.

b. A value greater than the 25th percentile and below or equal to 50th percentile equals 0.50 point.

c. A value greater than the 50th percentile and below or equal to the 75th percentile equals 0.75 point.

d. A value above the 75th percentile equals 1.0 point.

3. For each certification, the State Board of Education shall sum the points for entry wage, growth rate, and average annual openings. The sum of this calculation is the employment value point total for the certification.

(c) The rigor and employment value point totals shall be summed and divided by six and rounded to two decimal places. The minimum calculated value is 0.21. The maximum calculated value shall not exceed 1.0. The final weight assigned to the certification shall be based on this value as follows:

1. Total value up to 0.21 to 0.47 equals a weight of 0.1.

2. Total value of 0.48 to 0.74 equals a weight of 0.2.

3. Total value of 0.75 to 1.0 equals a weight of 0.3.

(d) The employment value shall be recalculated annually based on the most recent statewide employment data published by the Department of Economic Opportunity. The rigor value shall be reviewed annually for any changes to the instructional hours or approved articulation agreements.

(6) Pursuant to Section 1011.62(1), F.S., the State Board of Education shall adopt designations for items on the annual Industry Certification Funding List for certifications in science, technology, engineering, or mathematics (STEM). These designations will be identified for industry certifications that lead to occupations identified as STEM by the Department of Economic Opportunity in the document “Defining Science, Technology, Engineering, and Mathematics (STEM) Occupations Based on O*NET Subject Knowledge Values (Importance and Level) – December 2011” (http://www.flrules.org/Gateway/reference.asp?No=Ref-02205) and is hereby incorporated by reference.

(7) The “Middle School STEM Industry Certification List.” The Department of Education shall adopt a list of industry certifications that are designated as STEM, thus, eligible for additional full-time equivalent (FTE) membership funding pursuant to Section 1011.62(1), F.S.

(a) This list will be known as the “2012-13 Middle School STEM Industry Certification List” (http://www.flrules.org/Gateway/reference.asp?No=Ref-02163) to be published by the Department of Education and is incorporated by reference in this rule. The “2012-13 Middle School STEM Industry Certification List” may be obtained from the Department of Education’s web site at http://www.fldoe.org/workforce/fcpea/default.asp.

(b) To be considered for additional full-time equivalent membership funding and included on the “2012-13 Middle School STEM Industry Certification List” in this paragraph, a certification shall:

1. Be achievable by students enrolled in sixth grade, seventh grade, or eighth grade;

2. Require a minimum of seventy-five (75) hours of instruction;

3. Demonstrate skills for progression in a STEM career pathway or introductory skills that prepare for a certification designated as STEM on the “2012-2013 Industry Certification Funding List”;

4. Be a proctored examination that is assessed by an independent, third party certifying entity using predetermined standards for knowledge, skills, and competencies; and

5. Not be a certification on the “2012-13 Industry Certification Funding List.”

(c) Students reported as earning a certification on the “Middle School STEM Industry Certification List” may not use those examinations to satisfy the requirements for earning a certification on the “Industry Certification Funding List.”

(6)(8) The final “Industry Certification Funding List” for the school year shall be published no later than the July 15, preceding the beginning of the school year. The list shall include a weight for use in the additional full-time equivalent membership calculation pursuant to Section 1011.62(1), F.S., as defined in subsection (5) of this rule.

(7)(9) Conditions for the additional full-time equivalent membership funding pursuant to Section 1011.62(1), F.S.

(a) A school district shall be eligible for additional full-time equivalent (FTE) membership under the following conditions, for a maximum of 0.3 full-time equivalent membership funding per student, for students in grades 9 through 12:

1. Student is enrolled in a registered career and professional academy or is enrolled in a registered career-themed course.

2. Student completes a certification on the “Industry Certification Funding List.” or student in sixth, seventh, or eighth grade completes a certification on the “Middle School STEM Industry Certification List.”

3. Student receives a high school diploma or middle school student is promoted to ninth grade after earning an industry certification with a STEM designation on the “Industry Certification Funding List” or “Middle School STEM Industry Certification List.”

(b) Up to three (3) certifications may be reported for a course.

(c) 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.

(d) Middle school students reported as earning a middle school only certification for which additional FTE membership was included in the district’s FEFP calculation may not use the previously funded examinations to satisfy the requirements for earning a certification on the “Industry Certification Funding List.”

(8)(10) Registration of High School Career and Professional Academies. The Department of Education shall maintain a web site for school districts to register career and professional academies that meet the requirements of Section 1003.493, F.S.

(a) School districts shall submit up-to-date information on each career and professional academy through an annual reporting window which shall open on or after July 15 and close on September 15, and shall remain open for a minimum of thirty days. Form FCAPEA-01, Florida Career and Professional Education Act Career and Professional Academies, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00561) is hereby incorporated by reference in this rule to become effective October 2013 25, 2011 and shall be utilized for reporting the information. Form FCAPEA-01 may be found on the Department’s web site at: https://app1.fldoe.org/ workforce/CAPE/.

(b) As part of the registration process, the superintendents shall certify that each academy meets all of the requirements of Section 1003.493, F.S.

(c) Eligibility for funding under Section 1011.62(1), F.S., is limited to academies registered with the Department of Education.

(d) Academies shall be registered by September 15 of the reporting year for their students to be eligible to generate the additional full-time equivalent membership funding based on the completion of industry certifications.

(9)(11) Registration of Middle School Career and Professional Academies. The Department of Education shall maintain a website for school districts to register middle school career and professional academies that meet the requirements of Section 1003.4935, F.S.

(a) School districts shall submit up-to-date information on each career and professional academy through an annual reporting window which shall open on or after September 16 and close on October 15, and shall remain open for a minimum of thirty (30) days. Form FCAPEA-02, Florida Career and Professional Education Act Career and Professional Academies, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00562) is hereby incorporated by reference in this rule to become effective October 2013 25, 2011, and shall be utilized for reporting the information. Form FCAPEA-02 may be found on the Department’s web site at: https://app1.fldoe.org/workforce/CAPE/.

(b) As part of the registration process, superintendents shall certify that each academy meets all of the requirements of Section 1003.4935, F.S.

(c) Eligibility for funding under Section 1011.62(1), F.S., is limited to academies registered with the Department of Education.

(d) Academies shall be registered by October 15 of the reporting year for their students to be eligible to generate the additional full-time equivalent membership funding based on the completion of industry certifications.

(10)(12) Registration of Career-Themed Courses. The Department of Education shall maintain a website for school districts to register process by which school districts shall provide to the Department a list of career-themed courses by school that meet the statutory requirements of Section 1003.493(1), F.S. Form FCAPEA-03, Career and Professional Education Act Career-Themed Course Registration Form, (http://www.flrules.org/Gateway/reference.asp?No=Ref-02207) and Form FCAPEA-04, Certification Form for the Registration of Career-Themed Courses (http://www.flrules.org/Gateway/reference.asp?No=Ref-02206) are is hereby incorporated by reference in this rule to become effective October April 2013, and shall be utilized for reporting the career-themed course information. Forms FCAPEA-03 and FCAPEA-04 may be found on the Department’s web site at: https://app1.fldoe.org/workforce/CAPE http://www.fldoe.org/workforce/fcpea/default.asp.

(a) As part of the registration process, superintendents shall certify that each career-themed course meets the requirements of Section 1003.493(1), F.S., and secondary school offering the career-themed course meets all of the requirements of Section 1003.493(4) or Section 1003.4935(2), F.S.

(b) Career-themed courses shall be registered during an initial registration period from October 16 to November 30 by May 15 of the reporting year for the students in those courses to be eligible to generate the additional full-time equivalent membership funding based on the completion of industry certifications. Districts will be allowed to submit updates after the initial registration period during the subsequent period of February 1 to March 1.

Rulemaking Authority 1003.492(2), 1003.4935(4), 1008.44, 1011.62(1)(o) FS. Law Implemented 1003.491, 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rod Duckworth, Chancellor, 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: August 12, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 14, 2013