To amend the rule to adopt updated funding weights for industry certifications on the 2021-2022 CAPE Industry Certification Funding List. The effect is to ensure that appropriate weights, in accordance with the provisions ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0573Industry Certification Process.

PURPOSE AND EFFECT: To amend the rule to adopt updated funding weights for industry certifications on the 2021-2022 CAPE Industry Certification Funding List. The effect is to ensure that appropriate weights, in accordance with the provisions of s. 1011.62(1)(o), F.S., are included on the CAPE Industry Certification Funding List.

SUMMARY: The amendment includes revisions to the rule and to a document incorporated by reference, 2021-2022 CAPE Industry Certification Funding List, Updated. The State Board of Education is adopting new articulation agreements in Rule 6A-10.0401, F.A.C. The addition of these agreements impacts the funding weight that should be assigned to the industry certification, as specified in s. 1011.62(1)(o), F.S. This statute specifies that a value of 0.2 full-time equivalent membership shall be calculated for each student who is issued an industry certification that has a statewide articulation agreement for college credit approved by the State Board of Education. The 2021-2022 CAPE Industry Certification Funding List is updated to change the funding weight from 0.1 to 0.2 for eleven (11) certifications for which the State Board of Education is adopting articulation agreements for college credit.

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 authorizes additional industry certifications which school districts are provided financial incentives to offer. These certifications have been evaluated to be rigorous and tied to the statewide occupational demand in Florida. Based upon the nature of these changes and experience with similar changes in the past, no adverse impact or regulatory cost is expected and certainly none that will exceed any of the criteria of s. 120.541(2)(a), F.S. 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: 1001.02, (2)(n), 1003.4203(9), 1003.492(3), 1008.44(1), 1011.62(1), F.S.

LAW IMPLEMENTED: 1003.4203, 1003.492, 1003.493, 1008.44, 1011.62(1)(o), F.S.

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

DATE AND TIME: March 30, 2022, 9:00 a.m.

PLACE: Collier County School Board Office, 5775 Osceola Trail, Naples, FL 34109.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Vice Chancellor, Division of Career and Adult Education, 325 West Gaines Street, suite 744, Tallahassee, Florida 32399-0400; phone [phone]; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0573 Industry Certification Process.

(1) through (4) No change.

(5) Adoption of an annual “CAPE Industry Certification Funding List.” The “CAPE Industry Certification Funding List” is composed of industry certifications, certificates, and courses as specified in Sections 1008.44 and 1011.62(1), F.S.

(a) No change.

(b) This list will be known as the “2021-22 CAPE Industry Certification Funding List, Updated” (http://www.flrules.org/Gateway/reference.asp?No=Ref-13500) published by the Department of Education and is incorporated by reference in this rule. The list may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399.

(6) No change.

(7) Requirements for “CAPE Industry Certifications,” “CAPE Acceleration Industry Certifications,” and “CAPE Digital Tool Certificates” for inclusion on the “CAPE Industry Certification Funding List.” through the 2021-22 school year. For “CAPE Industry Certifications” and “CAPE Acceleration Industry Certifications,” the Department of Education shall review the “CareerSource Florida Recommendations” to identify certifications eligible for additional full-time equivalent (FTE) membership funding, pursuant to Section 1011.62(1), F.S., based upon the criteria listed below.

(a) through (e) No change.

(8) Grade level limitations for industry certifications. No later than August 1 of each year, the Commissioner shall identify the grade level limitations for the subsequent school year. A list of the grade level limitations will be posted on the Department’s website at the following link: http://www.fldoe.org/academics/career-adult-edu/cape-secondary. The grade level limitations shall be specified on the next adoption of the “CAPE Industry Certification Funding List.”

(9) School district requests to add a “CAPE Industry Certification” to the “CAPE Industry Certification Funding List.

(a) No later than March 5 of each year, the Department shall produce a preliminary “CAPE Industry Certification Funding List.” This list shall be based on certifications identified on the previous year’s “CAPE Industry Certification Funding List” and on the most recently approved “CareerSource Florida Recommendations.”

(b) School districts shall submit any request to include an industry certification, not on the preliminary “CAPE Industry Certification Funding List,” to the final “CAPE Industry Certification Funding List” to the Department of Education. The Department shall grant the request based upon the following criteria:

1. The request demonstrates that the certification meets the requirements for inclusion on the list as specified in paragraph (7)(a) of this rule; and,

2. The requests is received no later than April 1.

(c) Districts shall be notified of the recommendation for inclusion on the list through a posting by June 15 on the Department’s website at the following link: http://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(10) Requirements for inclusion of “CAPE Industry Certifications” for farm occupations on the “CAPE Industry Certification Funding List.” Pursuant to Section 570.07(43), F.S., the Florida Department of Agriculture and Consumer Services (FDACS) shall submit industry certifications for farm occupations to the “CAPE Industry Certification Funding List” according to the following requirements:

(a) The request must be received by the Department no later than March 15;

(b) The request must be submitted on official FDACS letterhead; and,

(c) The request must include the following:

1. The name of the certifying agency, contact information for the agency, and web link for the certification on a publicly searchable site maintained by the certifying agency,

2. Information on the requirements to earn the certification including required written and performance tests, work experience, or any other components of earning the certification,

3. Information on the test format and test administration policies and procedures including documentation that that the written exams are third-party developed, scored by the certifying agency, and given in a proctored testing environment; and,

4. Information on the farm occupations demonstrating that the certification addresses a critical local or statewide economic need.

(d) The Department of Education shall add the industry certification to the “CAPE Industry Certification Funding List” based on the following criteria:

1. The industry certification meets the statutory requirements in Sections 570.07 and 1003.492, F.S.,

2. The request meets the requirements set forth in paragraphs (10)(a)-(c) of this rule,

3. The certification meets the following requirements:

a. Written exams are third-party developed, scored by the certifying agency, and given in a proctored testing environment,

b. The certification is achievable by students in a secondary level program,

c. The certification requires a minimum of one hundred fifty (150) hours of instruction as assessed by the Department of Education; and,

d. The certification must lead to employment in a farm occupation as defined in paragraph (2)(j).

(e) In the event the requested industry certification does not meet the requirements for inclusion on the “CAPE Industry Certification Funding List,” the Department of Education shall notify FDACS of deficiencies no later than April 15. FDACS shall provide any additional information that addresses the deficiencies by May 15 in order for the industry certification to be considered for inclusion on the “CAPE Industry Certification Funding List” for the following year.

(9) (11) Publication Date for the “CAPE Industry Certification Funding List.” The “CAPE Industry Certification Funding List” for the school year shall be published no later than August 1.

(10) (12) Funding Weights for “CAPE Industry Certifications” and “CAPE Acceleration Industry Certifications.” Pursuant to Section 1011.62(1), F.S., the weight used for “CAPE Industry Certifications” and “CAPE Acceleration Industry Certifications” in the Florida Education Finance Program (FEFP) shall be based on statewide articulation agreements approved by the State Board of Education in Rule 6A-10.0401, F.A.C., which is incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-09396). If an articulation agreement is no longer current and is removed from Rule 6A-10.0401, F.A.C., after the start of the academic year, the funding weight will be updated during the adoption cycle for the following academic year. A copy of Rule 6A-10.0401, F.A.C. may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399.

(11) (13) Conditions for Florida Education Finance Program (FEFP) calculation and reporting.

(a) through (f) No change.

(12) (14) Registration of career and professional academies. The Department of Education shall maintain a website for school districts to register high school career and professional academies and middle grades career and professional academies.

(a) through (b)No change.

(13) (15) Registration of career-themed courses eligible for funding as specified in Section 1011.62(1)(o), F.S. The Department of Education shall maintain a web-based application which shall be used by school districts for the annual submission of current information on each career-themed course by school.

(a) through (h) No change.

(14) (16) Teacher and proctor conduct provisions for maintaining the validity of the industry certification credential. Industry certifications are independent, third-party verification of technical skills achieved by students. Any practice that jeopardizes the validity of industry certifications disadvantages the students and prospective employers. Teachers who provide direct instruction leading to industry certification exams and proctors assigned to administer industry certification exams shall not engage in any conduct that jeopardizes the validity of the industry certification exam results. Only authorized proctors may be provided access to testing materials associated with industry certification exams.

(a) through (c) No change.

(15) (17) Local test administration procedures and training for industry certification exam administration. School districts shall create and maintain local test administration procedures for the administration of all industry certification exams.

(a) through (e) No change.

(16) (18) Reporting requirements for violations of industry certification test administration provisions. In those situations, where provisions of subsection (14) (16) of this rule are violated by a teacher or proctor, the district shall prepare a report made to the department and the certifying agency. This notification must occur within five (5) business days, unless the certifying agency has a more stringent requirement. The report shall include a description of the incident, the names of the persons involved in or witness to the incident, and other information as appropriate. Districts shall report to the department using Form FCAPEA-05, Florida Career and Professional Education Act Testing Violation Report, (http://www.flrules.org/Gateway/reference.asp?No=Ref-11177) which is hereby incorporated by reference in this rule to become effective October 2019. Form FCAPEA-05 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(17) (19) For students enrolled in the 2020-21 academic year and beyond, remote proctoring for industry certifications and digital tool certificates. Certifying agencies may elect to offer remotely proctored testing options.

(a) through (c) No change.

(18) (20) Teacher conduct provisions for maintaining the validity of digital tool certificates. Teachers of digital tool certificates may be authorized by the school district to administer and proctor the exams for digital tool certificates to their own students.

(a) through (b) No change.

Rulemaking Authority 1001.02, 1003.4203(9), 1003.492(3), 1008.44, 1011.62(1) FS. Law Implemented 1003.4203, 1003.492, 1003.493, 1003.4935, 1008.44, 1011.62(1), 1012.796 FS. History–New 10-20-08, Amended 8-18-09, 6-22-10, 6-21-11, 10-25-11, 8-23-12, 3-25-13, 11-3-13, 6-25-14, 11-4-14, 5-19-15, 9-30-15, 7-26-16, 10-30-16, 4-25-17, 10-17-17, 6-19-18, 11-28-18, 2-19-19, 6-25-19, 10-24-19, 6-16-20, 10-27-20, 7-14-21, 9-21-21,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Goodman, Vice Chancellor, Division of Career and Adult Education.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2022