To adopt new Florida Educational Leadership Examination (FELE) administration requirements, stating that the initial examination fees for certification examinations will be waived for examinees who are current active duty military service members; ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-4.00821Florida Educational Leadership Examination

PURPOSE AND EFFECT: To adopt new Florida Educational Leadership Examination (FELE) administration requirements, stating that the initial examination fees for certification examinations will be waived for examinees who are current active duty military service members; honorably discharged military service members; and the spouses of current active duty, honorably discharged military service members, or the surviving spouses of such members who were serving on active duty at the time of death. And, to update rule language to align with current practice. The effect will be new administration requirements to facilitate access to certification examinations for current active duty military service members; honorably discharged military service members; and the spouses of current active duty, honorably discharged military service members, or the surviving spouses of such members who were serving on active duty at the time of death.

SUMMARY: The proposed amendment adopts new administration requirements to facilitate access to certification examinations for current active duty military service members; honorably discharged military service members; and the spouses of current active duty, honorably discharged military service members, or the surviving spouses of such members who were serving on active duty at the time of death.

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: 1) No requirement for SERC was triggered under section 120.541(1), F.S., and; 2) no new fees are imposed in the proposed rule. Further, since the rule outlines the method to attain a testing fee waiver for certain military and veteran personnel, as well as their spouses, the proposed amendments are unlikely to have an adverse impact, and will not require legislative ratification.

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: 1012.55, 1012.56, 1012.59, FS.

LAW IMPLEMENTED: 1012.55, 1012.56, 1012.59, FS.

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

DATE AND TIME: October 25, 2018, 9:00 a.m.

PLACE: Crystal River Middle School, 344 NE Crystal St., Crystal River, FL 34428.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Phil Canto, Chief, Bureau of Postsecondary Assessment, Office of Assessment, Division of Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 414, Tallahassee, FL 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-4.00821 Florida Educational Leadership Examination.

(1) Scope. This rule governs the written examination for certification in Educational Leadership. Additional requirements for certification in Educational Leadership are specified in Rule 6A-4.0082, F.A.C.

(2) 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 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
Spouse of honorably discharged veteran of reserves, served active duty	DD Form 214 Member 4 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) Additional documentation. 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 military testing fee waivers will be retained in the certification record maintained by the department 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 testing fee waiver expires when the verifying document expires. In no case shall a person use or attempt to use a 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) 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.

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, 5-16-18,____.

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Juan Copa, Deputy Commissioner, Accountability, Research and Measurement.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 25, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 26, 2018.