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 proctoring requirements, ...

 

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, updates are included on proctoring requirements, as well as teacher and proctor conduct provisions. 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 2019-2020 CAPE Industry Certification Funding List; 2) Adoption by reference of the industry certification recommendations from CareerSource Florida; 3) Adoption of a testing violation report form; and 4) Clarifying language on proctoring requirements, as well as teacher and proctor conduct provisions.

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: It is not expected that this amendment will have any impact on the factors found in section 120.541(2)(a), F.S., or require legislative ratification. This is because the amendment authorizes additional 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.

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 20, 2019, 9:00 a.m.

PLACE: KIPP Jacksonville, 1440 North McDuff Avenue, Jacksonville, Florida 32254.

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], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0573 Industry Certification Process.

(1) through (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) No change.

(b) This list will be known as the “2019-2020 2018-2019 CAPE Industry Certification Funding List, Updated” (http://www.flrules.org/Gateway/reference.asp?No=Ref-10511) 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 (12) No change.

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

(a) through (b) No change.

(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. 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. iIf 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, In this situation,

b. aAll 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. through 5. No change.

6. If the only requirement for the certification is a performance-based competency exam, then the instructor cannot proctor. 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) through (15) No change.

(16) Teacher and proctor conduct provisions for maintaining the validity of the industry certification credential. 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 paragraph (13)(c)1. of this rule.

4. Administer an industry certification exam to themselves or other staff members in the district, if they provide direct instruction to students for the certification.

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

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

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

8. 7. Access any testing materials, either computer-based or paper-based, unless assigned as the only available proctor as specified in paragraph (13)(c) of this rule.

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

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

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

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

13. 12. 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. 13. 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) No change.

(17) Local test administration procedures and training for industry certification exam administration. School districts shall 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. through 4. No change.

5. Annual tTraining 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 FCAPEA-04, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement (http://www.flrules.org/Gateway/reference.asp?No=Ref-10029), which is hereby incorporated by reference in this rule to become effective November 2018. Form FCAPEA-04 may be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(c) No change.

(18) Reporting requirements for violations of industry certification test administration provisions. In those situations where provisions of subsection (16) 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 FCAPEA-05, Florida Career and Professional Education Act Testing Violation Report, (DOS link) which is hereby incorporated by reference in this rule to become effective October 2019. Form FCAPEA-05 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.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,_____.

 

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: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 23, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 16, 2019