The requirements to obtain an underage testing waiver for a 16- or 17-year-old to take the high school equivalency examination are being updated to reflect changes made to s. 1003.435(4), F.S. The changes removed requirements ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0201State of Florida High School Diplomas

PURPOSE AND EFFECT: The requirements to obtain an underage testing waiver for a 16- or 17-year-old to take the high school equivalency examination are being updated to reflect changes made to s. 1003.435(4), F.S. The changes removed requirements for district school boards to have policies in place that determined eligibility to sit for the exam if an individual was under the age of 18.

SUMMARY: High school equivalency diplomas.

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 adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

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), 1003.435(1), F.S.

LAW IMPLEMENTED: 1003.435, F.S.

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

DATE AND TIME: September 25, 2024, 9:00 a.m.

PLACE: St. Johns River State College, 2990 College Drive, Building J, Room J-149, St. Augustine, FL 32084.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashley Olevitch, High School Equivalency Program Manager, Division of Career and Adult Education, 325 West Gaines St. Tallahassee, FL 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0201 State of Florida High School Diplomas

(1) through (9) No change.

(10) Pursuant to the requirements of s. 1003.435, F.S., individuals aged sixteen (16) and seventeen (17) years of age must terminate school enrollment prior to taking the 2014 GED® Test. Effective November 1, 2024, the parent or legal guardian of the individual aged sixteen (16) and seventeen (17) years of age must submit a signed and notarized Underage Testing Form and proof of withdrawal from school to the High School Equivalency Diploma Program office via email at [e-mail] before the individual can schedule a sub-test of the 2014 GED® Test. School districts must have an underage waiver policy and procedures for individuals aged sixteen (16) and seventeen (17) years of age to take the official GED® test when certain conditions are met. The policy and procedures must be adopted in the district’s pupil progression plan and must be publicly posted on the school district website. Each school district must submit their underage waiver policy and procedures and the web address to which the document is posted to the High School Equivalency Diploma Program office via email at [e-mail] by October 1 of every calendar year. At a minimum, the underage waiver policy must include:

(a) The individual will be notified by GED® when they are cleared to take the 2014 GED® test. school district process by which an individual must apply for the waiver;

(b) Test scores, and any diplomas based on such scores, that are earned by someone under the age of eighteen (18) not in conformance with this rule will be invalidated. The conditions under which a waiver will be granted by the district;

(c) An appeals process for denials; and

(d) The name and contact information of the school district personnel or other authorized individuals who may be contacted regarding questions about the underage waiver process and approval.

(11) Required form for authorization to test for individuals aged sixteen (16) and seventeen (17). The following form is hereby incorporated by reference: Form FGED-01, Florida GED® Testing Program Underage Testing Form (effective October 2024) (DOS link). The form may be obtained by contacting the High School Equivalency Diploma Program Office, Bureau of Adult Education, Division of Career and Adult Education, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Once an individual satisfies all requirements to be granted an underage waiver, the waiver must be submitted to the assigned school district or testing center personnel. This staff member must send the waiver to the High School Equivalency Diploma Program office via email at [e-mail] within thirty (30) calendar days. Submitted waivers must be signed by the superintendent or their designee. 

(12) For school districts with an underage waiver policy which requires enrollment in coursework as a condition for approval to take the official GED® test, a school district may not require a student to take any course if the following conditions are met:

(a) The individual attains a minimum score of one hundred and forty-five (145) on each of the four (4) sub-tests of the GED Ready®: Reasoning through Language Arts, Mathematical Reasoning, Science and Social Studies.

(b) Exam scores are dated within one (1) calendar year from the date the request for an underage waiver is submitted to the school district.

(c) The GED Ready® sub-tests are taken in a proctored environment as defined in the school district pupil progression plan.

Rulemaking Authority 1001.02(1), 1003.435(1), (4)(b) FS. Law Implemented 1003.435 FS. History‒New 11-19-13, Amended 3-23-16, 9-21-21, 9-26-23, 7-2-24,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ashley Olevitch, High School Equivalency Program Manager

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 29, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 23, 2024