Removes the obsolete subsection (2), that gives authority to the Commissioner of Education to reduce the 180-day school term by up to a maximum of three school days for one or more schools provided the scheduled net instructional time for the school ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09533Minimum School Term, Emergencies

PURPOSE AND EFFECT: Removes the obsolete subsection (2), that gives authority to the Commissioner of Education to reduce the 180-day school term by up to a maximum of three school days for one or more schools provided the scheduled net instructional time for the school year equals or exceeds 900 hours. With the promulgation of rule 6A-1.045111, F.A.C., a school district may deliver fewer than 180 days of instruction, provided students receive no fewer than 720 hours of instruction in kindergarten through grade 3, and 900 hours in grades 4-12, during the school year.

SUMMARY: Rule 6A-1.09533, F.A.C., is amended to remove an obsolete subsection. The amended rule maintains the Commissioner’s authority to consider requests by district school boards to reduce the length of the school term in case of national, state or local emergencies only if no teacher planning days, excluding a maximum of three (3) planning days at the end of the school year, remain in the official school year calendar, and no school holidays, other than authorized national or state holidays, remain in the official school year calendar.

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 amendment removes an obsolete subsection and will not have any impact on transactional costs, regulatory costs or the other factors set forth in Section 120.541(2), Florida Statutes, which are used to determine whether a SERC is needed and whether legislative ratification is required.

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), 1011.60(2), FS.

LAW IMPLEMENTED: 1011.60(2), FS.

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

DATE AND TIME: October 26, 2016, 10:00 a.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, Florida Department of Education, 325 West Gaines Street, Room 814, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09533 Minimum School Term, Emergencies.

The Commissioner of Education will consider written requests by district school boards to reduce the length of the school term in case of national, state or local emergencies pursuant to Section 1011.60(2), F.S., and Rule 6A-1.09533, F.A.C., with or without a proportionate reduction in funding, only if one (1) of the following conditions exists:

(1) nNo teacher planning days, excluding a maximum of three (3) post school planning days at the end of the school year, remain in the official school year calendar as approved by the district school board, and no school holidays, other than authorized national or state holidays, remain in the official school year calendar as approved by the district school board., or

(2) The Commissioner may reduce the school term up to a maximum of three (3) school days, for one (1) or more schools provided the net instructional time scheduled to be provided by a school for the school year as defined in Section 1011.60, F.S., minus the hours scheduled for each day classified as a national, state or local emergency, equals or exceeds nine hundred (900) hours.

Rulemaking Authority 1001.02(1), 1011.60(2) FS. Law Implemented 120.53, 1011.60(2) FS. History–New 10-23-79, Formerly 6A-1.9533, Amended 7-5-88,.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Finance and Operations.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 26, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 1, 2016