Delete the instructional hours requirement for double-session schools; and add a provision that establishes full-time equivalent (FTE) student membership reporting in schools that operate for less than the minimum term. Chapter 2016-237, Laws of ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.045111Hourly Equivalent to 180-Day School Year

PURPOSE AND EFFECT: Delete the instructional hours requirement for double-session schools; and add a provision that establishes full-time equivalent (FTE) student membership reporting in schools that operate for less than the minimum term. Chapter 2016-237, Laws of Florida, replaces the provision for a double-session school with a provision to determine an equitable method of equivalent funding for schools operating under emergency conditions, which schools have been approved by the department to operate for less than the minimum term as provided in section 1011.60(2), Florida Statutes (F.S.). Chapter 2016-237, Laws of Florida, also includes an addition to section 1011.61(1)(b), F.S., that addresses reporting for FTE students who receive instruction in schools that operate for less than the minimum term.

SUMMARY: As a result of changes in the statutes during the 2016 legislative session, Rule 6A-1.045111, F.A.C., is amended to remove an obsolete subsection and establish a provision for FTE student membership reporting in schools that operate for less than the minimum term.

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 to this rule removes an obsolete subsection and adds new language from sections 1011.60(2) and 1011.61(1)(b), F.S., as a result of 2016 legislative changes. The adverse impact or regulatory cost, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes and is not expected to 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: 1001.02(1), 1001.42(12)(a), 1001.51(11)(a), 1003.02(1)(g), 1011.60(2), 1011.61, FS.

LAW IMPLEMENTED: 1001.42(12)(a), 1001.51(11)(a), 1003.02(1)(g), 1011.60(2), 1011.61, FS.

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

DATE AND TIME: March 22, 2017, 9:00 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 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.045111 Hourly Equivalent to 180-Day School Year.

Each school district that which participates in the state appropriations for the Florida Education Finance Program shall:

(1) Operate all schools for a term of one hundred eighty (180) actual teaching days as prescribed by sSection 1011.60(2), F.S., or the hourly equivalent of one hundred eighty (180) actual teaching days, determined as prescribed below:

(a) Kindergarten through grade 3 or in an authorized prekindergarten exceptional program: No fewer Not less than seven hundred twenty (720) net instructional hours.

(b) Grades 4 through 12: No fewer Not less than nine hundred (900) net instructional hours.

(2) For students who receive instruction in a school that operates for less than the minimum term, report full-time equivalent student membership proportional to the number of instructional hours provided by the school divided by the minimum term requirement as provided in section 1011.60(2), F.S. For schools operating on a double-session calendar or utilizing an experimental calendar approved by the Department of Education, operate such schools for a term of one hundred eighty (180) actual teaching days as prescribed by Section 1011.60(2), F.S., or the hourly equivalent of one hundred eighty (180) actual teaching days, determined as prescribed below:

(a) Kindergarten through grade 3: Not less than six hundred thirty (630) net instructional hours.

(b) Grades 4 through 12: Not less than eight hundred ten (810) net instructional hours.

Rulemaking Authority 1001.02(1), 1001.42(12)(a), 1001.51(11)(a), 1003.02(1)(g), 1011.60(2), 1011.61(1)(c)2. FS. Law Implemented 1001.42(12)(a), 1001.51(11)(a), 1003.02(1)(g), 1011.60(2), 1011.61(1)(a)1., 1011.61(1)(c)2. FS. History–New 5-3-10, Amended_____.

 

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: February 21, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 24, 2016