To update FELE eligibility requirements for military testing fee waivers to align with changes made by Senate Bill (SB) 896 during the 2022 Legislative session.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-4.00821Florida Educational Leadership Examination

PURPOSE AND EFFECT: To update FELE eligibility requirements for military testing fee waivers to align with changes made by Senate Bill (SB) 896 during the 2022 Legislative session.

SUMMARY: To align with changes made as part of SB 896 during the 2022 Legislative session, which amends Section 1012.59(3), F.S., the proposed change will waive initial FELE examination fees for current members of a reserve component of the United States Armed Forces and for honorably discharged veterans of reserves, and the spouse or surviving spouse of such a service member, regardless of whether the service member has served on active duty.

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 amendment is not expected to have any adverse impact on economic growth, business competitiveness, increase regulatory costs or any other factor set forth in s. 120.541(2), F.S. This is based upon the nature of the changes and experience with similar changes in the past.

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: 1001.02(1), (2)(n), 1012.55(1), 1012.56, 1012.59, F.S.

LAW IMPLEMENTED: 1012.55, 1012.56, 1012.59, F.S.

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

DATE AND TIME: October 20, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Drive, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Phil Canto, Bureau Chief, Bureau of Postsecondary Assessment, Office of Assessment, Division of Accountability, Research, and Measurement, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-4.00821 Florida Educational Leadership Examination.

(1) through (2) No change.

(3) Administration of the examination.

(a) through (d) No change.

(e) An examinee may not retake a passed examination, subtest, or section unless:

1. through 2. No change.

3. The examinee has applied for reinstatement of an expired professional certification, pursuant to subsection 6A-4.0051(8)(7), FAC.

(4) through (10) No change.

(11) Military Testing Fee Waivers.

(a) An individual is eligible for a waiver from the department for the first-time testing fees prescribed in paragraphs (4)(a)-(e) of this rule, if he or she:

1. Is a member of the U.S. Armed Forces or a reserve component thereof who is serving, or has served, on active duty or is the spouse of such a service member;

2. Is an honorably discharged veteran of the U.S. Armed Forces or an honorably discharged veteran of a reserve component thereof who served on active duty or is the spouse or surviving spouse of such a service member; or

3. Is the surviving spouse of a member of the U.S. Armed Forces or a reserve component thereof who was serving on active duty at the time of death.

(b) To apply for a testing fee waiver, a request must be submitted via the Department of Education, Educator Certification website at http://www.fldoe.org/teaching/certification/military/ along with documentation establishing that the applicant meets the requirements for a testing fee waiver per paragraph (11)(a) of this rule. The following chart lists the required documentation.

BASIS FOR WAIVER OF FEE	DOCUMENTATION REQUIRED
Member of Armed Forces	Military ID card
Spouse of member of Armed Forces	Military dependent ID card (DD Form 1173)
Member of reserves, serving or served active duty	Military ID card or NGB22 Form or DD 256A Form and Activity Duty Report (DD Form 220) or Military ID card and orders for active duty
Spouse of member of reserves, serving or served active duty	Military dependent ID card (DD Form 1173) or Military dependent ID card (DD Form 1173-1) and spouse’s DD Form 220 or spouse’s orders for active duty
Honorably discharged veteran	Certificate of Release or Discharge from Active Duty (DD Form 214 Member 4)
Spouse or surviving spouse of honorably discharged veteran	DD Form 214 Member 4 of spouse and marriage certificate
Honorably discharged veteran of reserves, served active duty	DD Form 214 Member 4, NGB22 Form or DD 256A Form
Spouse of honorably discharged veteran of reserves, served active duty	DD Form 214 Member 4, NGB22 Form or DD 256A Form of spouse and marriage certificate
Surviving spouse of member of armed forces on active duty at time of death	Official documentation from Department of Defense
Surviving spouse of member of reserves on active duty at time of death	Official documentation from Department of Defense

(c) through (e) No change.

Rulemaking Authority 1012.56, 1012.59 FS. Law Implemented 1012.56, 1012.59 FS. History–New 12-25-86, Amended 1-11-89, 5-19-98, 10-6-99, 7-17-00, 7-16-01, 3-24-02, 10-17-02, 3-24-03, 7-21-03, 6-22-04, 5-19-08, 7-21-08, 9-6-09, 12-16-12, 12-3-13, 12-23-14, 6-19-18, 11-28-18,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Phil Canto, Bureau Chief, Bureau of Postsecondary Assessment, Office of Assessment, Division of Accountability, Research, and Measurement.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 7, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 4, 2022