The purpose and effect of this rule is to amend the CAPE Postsecondary Industry Certification Funding List. New occupational areas were added to the funding eligibility in the 2014 General Appropriations Act. In addition, test administration ...

Notice of Proposed Rule

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0574Postsecondary Industry Certification Funding List

PURPOSE AND EFFECT: The purpose and effect of this rule is to amend the CAPE Postsecondary Industry Certification Funding List. New occupational areas were added to the funding eligibility in the 2014 General Appropriations Act. In addition, test administration procedures required for reporting of fundable certifications are added to the rule.

SUMMARY: The CAPE Postsecondary Industry Certification Funding list adopted by this rule will be used by the Division of Career and Adult Education and the Division of Florida Colleges for the distribution of postsecondary incentive funding related to the student attainment of industry certifications. Districts and colleges will be required to follow the test administration procedures for the industry certification to be reported for funding.

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 120.541(2)(a), F.S. This is because the amendment increases the number of industry certifications along with test administration procedures for which school districts and Florida Colleges are provided monetary incentives to offer to postsecondary students. These certifications have been evaluated and determined 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: 1008.44, 1011.80, 1011.81 FS.

LAW IMPLEMENTED: 1008.44, 1011.80, 1011.81 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:

 

6A-6.0574 CAPE Postsecondary Industry Certification Funding List.

(1) Section 1008.44, F.S., requires the State Board of Education to approve annually a list of industry certifications appropriate for postsecondary programs. This list will be known as the “2014-2015 CAPE Postsecondary Industry Certification Funding List December 2013” (http://www.flrules.org/Gateway/reference.asp?No=Ref-______03385) published by the Department of Education and is incorporated by reference in this rule. The “2014-2015 CAPE Postsecondary Industry Certification Funding List” may be obtained from the Department of Education’s web site at http://www.fldoe.org/workforce or may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399.

(2) For inclusion on the “2014-2015 CAPE Postsecondary Industry Certification Funding List,” the certification shall:

(a) Require written examinations for postsecondary students that are designed to award a certificate only when a student demonstrates competency or proficiency in the certification area;

(b) Be developed by a third party; and

(c) Require that written examinations be given in a proctored environment; and .

(d) Require that the written examinations be scored by the certifying agency.

(3) This list shall contain waivers of age, grade level, diploma or degree, and post-graduation work experience of at least twelve (12) months, in accordance with Section 1008.44(3), F.S.

(a) The specific type of waiver shall be noted on the incorporated list.

(b) Students earning a certification with a waived requirement may be reported for funding if the student completed all of the requirements for earning the certification with the exception of the waived component.

(4) School districts and Florida College System institutions may report industry certifications earned by students for performance funding under the following conditions:

(a) The written exam(s) is proctored by an independent third-party and is not proctored by the individual providing the direct instruction for the industry certification;

(b) The exam questions are delivered in a secure manner and are not available to the test proctor for an extended period of time, other than the time necessary to receive, distribute, and return any written materials to the scoring entity; and

(c) The exams have been administered in accordance with the test administration procedures specified by the certifying agency.

(5)(4) This list shall contain a designation of performance funding eligibility in accordance with the provisions of Sections 1011.80(6)(b) and 1011.81(2)(b), F.S., based upon the highest available certification for postsecondary students. School districts and Florida College System institutions are eligible for performance funding for students who earn an initial industry certification from the incorporated list with an approved funding designation in the occupational areas identified in the 2014 2013-14 General Appropriations Act.

Rulemaking Authority 1001.02(1), (2)(n), 1008.44, 1011.80, 1011.81 FS. Law Implemented 1008.44, 1011.80, 1011.81 FS. History–New 1-1-14, Amended__________.

 

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 19, 2014