The purpose of this rule revision is to amend the rule to conform to statutory changes from Chapters 2014-33 and 2014-184, Laws of Florida. In addition, an updated CAPE Industry Certification Funding List and Comprehensive Industry Certification ...

 

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 Chapters 2014-33 and 2014-184, Laws of Florida. In addition, an updated CAPE Industry Certification Funding List and Comprehensive Industry Certification List will be adopted by reference. The effect of the amended rule is to ensure that appropriate certifications are included on the CAPE Industry Certification Funding List.

SUMMARY: The amendment includes substantial rewording of this rule and updated documents to be incorporated by reference. The 2014-2015 CAPE Industry Certification Funding List is adopted with new statutorily required designations. The rule includes updated criteria for inclusion on the CAPE Industry Certification Funding List for CAPE Industry Certifications, CAPE Acceleration Industry Certifications, and CAPE Digital Tool Certificates. Test administration criteria for school districts to report industry certifications are added to the rule. A new process for submission of industry certifications for farm occupations by the Department of Agriculture and Consumer Services is specified. The timelines and process for the submission of CAPE Industry Certifications are updated. The Department of Education’s mailing address is provided for public access to materials incorporated by reference.

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 been prepared by the Agency.

The Agency has determined that the proposed rule does not require legislative ratification and is not expected to have any impact on the factors found in Section 120.541(2)(a), F.S. The SERC is prepared based on the potential costs to districts associated with the new requirement that teachers may not proctor the written industry certifications for their own students. Since the exact number of districts that currently allow teacher to proctor these exams is not known, this SERC is based on the assumption that all districts currently allow teachers to proctor these exams and would have to hire/compensate another individual to proctor the exam.

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)(0) 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 29, 2014, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

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:

 

(Substantial rewording of Rule 6A-6.0573 follows. See Florida Administrative Code for present text.)

 

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) Definitions. The following definitions shall be used in this rule and incorporated documents:

(a) “CAPE” means career and professional education.

(b) “CAPE Industry Certification Funding List” means a list of industry certifications, certificates, and courses adopted by the State Board of Education for implementation of the Florida Career and Professional Education Act.

(c) “CAPE Acceleration Industry Certifications” means certifications identified on the “CAPE Industry Certification Funding List” pursuant to the requirements in Sections 1003.4203(5)(b) and 1008.44(1)(e), Florida Statutes. These certifications have statewide articulation agreements for 15 or more college credits in a related postsecondary associate degree program.

(d) “Comprehensive Industry Certification List” means a list of certifications identified by the not-for-profit corporation in Section 445.004, Florida Statutes, and adopted by their board of directors.

(e) “CAPE Digital Tool Certificates” means certificates identified on the “CAPE Industry Certification Funding List” pursuant to the requirements in Sections 1003.4203(3) and 1008.44(1)(b), Florida Statutes. These certificates assess digitals skills that are necessary for a student’s academic work and are appropriate for elementary school and middle grades students.

(f) “CAPE Industry Certifications” means certifications identified on the “CAPE Industry Certification Funding List” pursuant to the requirements in Sections 1003.4203(4) and 1008.44(1)(a), Florida Statutes. An industry certification is a voluntary process through which students are assessed by an independent, third-party certifying entity using predetermined standards for knowledge, skills, and competencies, resulting in the award of a credential that is nationally recognized, as specified in Section 1003.492(3), Florida Statutes, or an industry certification for farm occupations as specified in Sections 570.07(43) and 1003.492(3), Florida Statutes. These certifications either do not have a statewide articulation agreement for college credit or have a statewide articulation agreement for no more than fourteen (14) college credits in a related postsecondary associate degree program.

(g) “CAPE Innovation Courses” means courses identified by the Commissioner of Education on the “CAPE Industry Certification Funding List” pursuant to the requirements in Sections 1003.4203(5)(a) and 1008.44(1)(d), Florida Statutes. These courses combine academic and career content and include at least two (2) third-party assessments, one (1) of which must be an industry certification identified on the “CAPE Industry Certification Funding List.”

(h) “Career-themed course” means a course as defined in Section 1003.493(1)(b), Florida Statutes, offered in secondary schools which meets the requirements in Section 1003.493(4), Florida Statutes.

(i) “Career and professional academy” means a program as defined in Section 1003.493(1)(a), Florida Statutes, offered in secondary schools which meets the requirements in Section 1003.493(4), Florida Statutes. An academy is a research-based program with rigorous academic and industry-specific curriculum aligned to the priority workforce needs.

(j) “Farm occupation” means an occupation related to the science, business, marketing or technology of agricultural production.

(3) Adoption of the annual “Comprehensive Industry Certification List.” Workforce Florida, Inc.’s approved list of industry certifications, which has been named the “2014-2015 Workforce Florida, Inc. dba CareerSource Florida Comprehensive Industry Certification List for the Career and Professional Education Act” (reference________) 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) Annual publication date for the “Comprehensive Industry Certification List.” The “Comprehensive Industry Certification List” shall be published by March 1 of each calendar year for use in development of the “CAPE Industry Certification Funding List” for the subsequent school year.

(5) Adoption of an annual “CAPE Industry Certification Funding List.” The “CAPE Industry Certification Funding List” is comprised of industry certifications, certificates, and courses as specified in Section 1008.44, Florida Statutes and Section 1011.62(1), Florida Statutes.

(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 “2014-2015 CAPE Industry Certification Funding List” (reference__________) 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 exams 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.

(7) Requirements for “CAPE Industry Certifications,” “CAPE Acceleration Certifications,” and “CAPE Digital Tool Certificates” for inclusion on the “CAPE Industry Certification Funding List.” For “CAPE Industry Certifications” and “CAPE Acceleration Industry Certifications,” the Department of Education shall review the approved “Comprehensive Industry Certification List” to identify certifications eligible for additional full-time equivalent (FTE) membership funding, pursuant to Section 1011.62(1), F.S., based upon the criteria listed below.

(a) To be included as a “CAPE Industry Certification” on the “CAPE Industry Certification Funding List,” 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.

(b) Pursuant to section 1008.44, Florida Statutes, one (1) industry certification that does not articulate for college credit shall be included on the “CAPE Industry Certification Funding List” where Workforce Florida, Inc. submits the following information to the Department of Education no later than June 1 of each year:

1. Certifying agency information including name of the certifying agency, contact information for the agency, and web link for the certification on a site maintained by the certifying agency;

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

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

(c) To be included as a “CAPE Acceleration Industry Certification” on the “CAPE Industry Certification Funding List,” a certification shall:

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

2. Be achievable by secondary students;

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

4. Have a statewide articulation agreement approved by the State Board of Education in Rule 6A-10.0401, F.A.C. with fifteen (15) or more college credits.

(d) Requirements for “CAPE Digital Tool Certificates” on the “CAPE Industry Certification Funding List.” To be included as a “CAPE Digital Tool Certificate” on the “CAPE Industry Certification Funding List,” a certificate shall:

1. Be achievable by elementary school and middle grades students;

2. Assess at least one (1) of the following digital skills: word processing; spreadsheets; presentations including sound, motion, and color; digital arts; cybersecurity; and coding; and

3. Be part of a career pathway leading to the attainment of a “CAPE Industry Certification” on the “CAPE Industry Certification Funding List.”

(e) Priority for the industry certificates designated as “CAPE Digital Tool Certificates” on the “CAPE Industry Certification Funding List” shall be given to those that assess multiple digital skills.

(8) Grade level limitations for industry certifications. No later than March 1 of each year, the Commissioner shall identify the grade level limitations for the subsequent school year. A list of the grade level limitations will be posted on the Department’s web site at the following link: http://www.fldoe.org/workforce/fcpea/default.asp. The grade level limitations shall be specified on the next adoption of the “CAPE Industry Certification Funding List.”

(9) School district requests to add a “CAPE Industry Certification” to the “CAPE Industry Certification Funding List.

(a) No later than March 5 of each year, the Department shall produce a preliminary “CAPE Industry Certification Funding List.” This list shall be based on certifications identified on the previous year’s “CAPE Industry Certification Funding List” and on the most recently adopted “Comprehensive Industry Certification List.”

(b) School districts shall submit any requests to include an industry certification, not on the preliminary “CAPE Industry Certification Funding List,” to the final “CAPE Industry Certification Funding List” to the Department of Education. The Department shall grant the request based upon the following criteria:

1. The request demonstrates that the certification meets the requirements for inclusion on the list as specified in paragraph (7)(a) of this rule; and

2. The requests is received no later than April 1.

(c) Districts shall be notified of the decision for inclusion on the list through a posting by June 15 on the Department’s web site at the following link: http://www.fldoe.org/workforce/fcpea/default.asp

(10) Requirements for inclusion of “CAPE Industry Certifications” for farm occupations on the “CAPE Industry Certification Funding List.” Pursuant to Section 570.07(43), Florida Statutes, the Department of Agriculture and Consumer Services (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 DOACS 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 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 570.70 and 1003.492, Florida Statutes;

2. The request meets the requirements set forth in paragraphs (10)(a) through (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 secondary students; and

c. The certification requires a minimum of one hundred fifty (150) hours of instruction.

(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) Publication Date for the “CAPE Industry Certification Funding List.” The “CAPE Industry Certification Funding List” for the school year shall be published no later than August 1.

(12) Funding Weights for “CAPE Industry Certifications” and “CAPE Acceleration Industry Certifications.” Pursuant to Section 1011.62(1), F.S., the weight used for “CAPE Industry Certifications” and “CAPE Acceleration Industry Certifications” in the 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.

(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” on the “CAPE Industry Certification Funding List.”

(b) Pursuant to section 1011.62(1), Florida Statutes, middle grades students who earn additional FTE membership for a CAPE Digital Tool may not use the previously funded examination to satisfy the requirements for earning a “CAPE Industry Certification,” “CAPE Acceleration 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 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 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 is 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 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 thirty (30) calendar days between test administrations.

(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.

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

(a) For high school career and professional academies, 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 (30) days. Form FCAPEA-01, Florida Career and Professional Education Act Career and Professional Academies, (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____) is hereby incorporated by reference in this rule to become effective November 2014 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) For middle grades career and professional academies, 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 be open for a minimum of twenty (20) days. Form FCAPEA-02, Florida Career and Professional Education Act Career and Professional Academies, (http://www.flrules.org/Gateway/reference.asp?No=Ref-______) is hereby incorporated by reference in this rule to become effective November 2014, 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/.

(c) For career-themed courses, school districts shall 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. Form FCAPEA-03, Career and Professional Education Act Career-Themed Course Registration Form, (reference ____________) is hereby incorporated by reference in this rule to become effective November 2014, and shall be utilized for reporting the career-themed course information. Form FCAPEA-03 may be found on the Department’s web site at: https://app1.fldoe.org/workforce/CAPE.

Rulemaking Authority 1003.4204(9), 1003.492(3) (2), 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,_________.

 

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 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 2, 2014