To incorporate testing fee waiver eligibility requirements for first responders to align with changes made by House Bill (HB) 1035 during the 2023 Legislative session. Secondly, the rule amendment serves to decrease retake ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-4.00821Florida Educational Leadership Examination

PURPOSE AND EFFECT: To incorporate testing fee waiver eligibility requirements for first responders to align with changes made by House Bill (HB) 1035 during the 2023 Legislative session. Secondly, the rule amendment serves to decrease retake registration fees for the Florida Educational Leadership Examination (FELE).

SUMMARY: To align with changes made by House Bill (HB) 1035 during the 2023 Legislative session, which amends Section 1012.59(3), F.S., the proposed change incorporates testing fee waiver eligibility requirements for retired first responders. To align with Section 1012.59(1)(b)-(c), F.S., and to align with the retake fee policies for the Florida Teacher Certification Examinations (FTCE) in Rule 6A-4.0021, F.A.C., the second proposed change decreases retake registration fees for the FELE such that the retake fee for the full battery of subtests does not exceed the fee for the initial registration and the retake fee for each subtest is prorated based on the number of subtests within the 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 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. and will not require legislative ratification. 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 18, 2023, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Grand Sierra Ballroom D, 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 (3) No change.

(4) Registration and refunds.

(a) Registration for the examination shall be for the initial examination or for one (1) or more subtests not previously passed. To register to take the examination, an applicant shall submit a completed application to the test administration agency. A completed application shall consist of the following:

1. through 2. No change.

3. Between Beginning January 1, 2015, and November 22, 2023, registration fees for the Florida Educational Leadership Examination shall be as follows:

First-Time Registration	$215.00
Retake: Subtest 3 Single Section Registration	$150.00
Retake: All Other Combination Registrations	$225.00

4. Beginning November 23, 2023, registration fees for the Florida Educational Leadership Examination shall be as follows:

First-Time Registration: All Subtests (Full Battery)	$215.00
Retake: Single Subtest Registration	$53.75
Retake: Two Subtests Registration	$107.50
Retake: Three Subtests Registration	$161.25
Retake: Full Battery Registration	$215.00

(b) No change.

(5) through (10) No changes.

(11) Military Testing Fee Waivers.

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

1. through 3. No change.

(b) To apply for a military 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 military 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	Military ID card or NGB22 Form or DD 256A Form
Spouse of member of reserves	Military dependent ID card (DD Form 1173) or Military dependent ID card (DD Form 1173-1)
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	DD Form 214 Member 4, NGB22 Form or DD 256A Form
Spouse of honorably discharged veteran of reserves	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) No change.

(d) All documents submitted to verify eligibility for military testing fee waivers will be retained in the certification record maintained by the Ddepartment and will not be returned to the applicant. Approval for military testing fee waivers remain valid for five (5) years from the date issued unless a document submitted indicates an earlier expiration date or end date of its validity and in that case, validity of the military testing fee waiver expires when the verifying document expires. In no case shall a person use or attempt to use a military testing fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(3), F.S.

(e) Fees for retake examinations under subsection (4) of if this rule may not be waived. Subsequent registration for any examination under subsection (4) of this rule taken before July 1, 2018, will be considered a retake and not eligible for a fee waiver under this section.

(12) Retired First Responder Testing Fee Waivers.

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

1. Is a retired law enforcement officer as defined in Section 943.10(1), F.S.;

2. Is a retired firefighter as defined in Section 633.102(9), F.S.; or

3. Is a retired emergency medical technician or paramedic as defined in Section 401.23, F.S.

(b) To apply for a retired first responder testing fee waiver, a request must be submitted via the Department of Education, Educator Certification website at http://www.fldoe.org/teaching/certification/retiredfirstresponder/ along with documentation establishing that the applicant meets the requirements for a retired first responder testing fee waiver per paragraph (12)(a) of this rule.

(c) Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility. 

(d) All documents submitted to verify eligibility for retired first responder testing fee waivers will be retained in the certification record maintained by the Department and will not be returned to the applicant. Approval for retired first responder testing fee waivers remain valid for five (5) years from the date issued unless a document used to verify eligibility indicates an earlier expiration date or end date of its validity and in that case, validity of the testing fee waiver expires when the verifying document expires. In no case, shall a person use or attempt to use a retired first responder testing fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(3), F.S., and this rule.

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, 11-23-22,

 

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 15, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 21, 2023