The purpose and effect of this rule update are to: 1) Adopt an updated CAPE funding list with updated weights for new industry certifications with new articulation agreements; 2) Add new sections for implementation of the ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0576CAPE Industry Certification Funding List

PURPOSE AND EFFECT: The purpose and effect of this rule update are to: 1) Adopt an updated CAPE funding list with updated weights for new industry certifications with new articulation agreements; 2) Add new sections for implementation of the 0.3 Career and technical education pathway funding from language added to statute due to SB 240 (2023), amending (s.) 1011.64(1)(o), F.S.; 3) Clarify language in existing sections of the rule on Florida Education Finance Program (FEFP funding eligibility; 4) Adopt the Secondary Career and Technical Education Program to Industry Certification Linkage List for 2023-24; 5) Adopt the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitution; 6) adopt an updated FCAPE-05 CAPE Digital Tool Certificate Submission Form; 7) Adopt the new FCAPE-06 Florida Career and Professional Education Act Funding and Program Request form.

SUMMARY: District and Florida College System Postsecondary Industry Certification.

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), 1003.4203(9), 1003.491(5)(d), 1008.44, 1011.62(1), F.S.

LAW IMPLEMENTED: 1003.4203, 1003.491, 1003.492, 1003.493, 1003.4203, 1003.4935, 1008.44, 1011.62(1), 1012.796, F.S.

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

DATE AND TIME: May 29, 2024, 9:00 a.m.

PLACE: Miami Dade College, Wolfson Campus, 254 N.E. 4th St., Building 3, Chapman Conference Room 3210, Miami, FL 33132.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Vice Chancellor, Division of Career and Adult Education, Phone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0576 CAPE Industry Certification Funding List

(1) Purpose. The purpose of this rule is to specify the procedures and timelines for implementation of an industry certification process and adoption of the CAPE Industry Certification Funding List.

(2) Definitions. The following definitions must be used in this rule and incorporated documents:

(a) through (g) No change.

(h) “Career and technical education program or program of study” means a career preparatory, technology education apprenticeship, or pre apprenticeship program with a curriculum framework adopted by the State Board of Education in Rule 6A-6.0571, F.A.C. The courses for this program are identified in each curriculum framework with a course sequence. Career and technical education programs or programs of study, along with dual enrollment courses that may be substituted for these programs are included on the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions List.

(i)(h) “Master Credentials List” means the industry certification and digital tool certificate list adopted by Credentials Review Committee and CareerSource Florida and transmitted to the Department in accordance with Section 445.004, F.S. This list includes industry certifications and digital tool certificates, which must be used to determine eligibility for inclusion on the Funding List.

(j)(i) “Monitor” is the individual assigned to independently observe the administration of an industry certification exam.

(k)(j) “Proctor” is the individual assigned to administer industry certification exams.

(l)(k) “Remote proctoring” is the process of taking an exam while the test taker is in one location and the virtual proctor is in another location.

(m)(l) “Virtual proctor” is a live human who remotely watches the test taker during the exam. This person must see the test candidate and the exam synchronously, as well as the environment in which the test is taken.

(3) Adoption of the Master Credentials List. The “2023-2024 Master Credentials List” submitted to the Department by CareerSource Florida (http://www.flrules.org/Gateway/reference.asp?No=Ref-15911) is adopted by the State Board of Education and 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.

(4) Adoption of the annual Funding List. The 2023-24 Funding List is composed of industry certifications, and certificates as specified in Sections 1008.44 and 1011.62(1), F.S.

(a) through (c) No change.

(d) The “2023-2024 CAPE Industry Certification Funding List” (http://www.flrules.org/Gateway/reference.asp?No=Ref-15912) is 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.

(5) No change.

(6) Designation of K-12 funding eligibility on the Funding List. In order for a certification or digital tool certificate to be eligible for additional FTE membership funding pursuant to Section 1011.62(1), F.S., the following criteria must be met:

(a) To be included as a CAPE Industry Certification or a CAPE Acceleration Industry Certification on the Funding List, a certification must:

1. Be on the Master Credentials List,

2. Be requested by a school district for inclusion with Florida Education Finance Program (FEFP) K-12 funding eligibility,

3. Be achievable by students in a secondary level program or a career dual enrollment program offered by a school district; and,

4. Require a minimum of one hundred fifty (150) hours of instruction; and,.

5. Be achievable without the requirement for the use of a specific curriculum in order to sit for the certification.

(b) No change.  

(c) To be included as a CAPE Digital Tool Certificate, the certificate must be designated on the 2023-2024 Master Credentials List as a certificate as of June 30, 2023, or be approved by the Department of Education as specified in Sections 1003.4203(3) and 1008.44(1)(b), F.S.

1. School districts may request a review of assessments and credentials for approval as CAPE Digital Tool Certificates during a submission window from the first business day in March to first business day in April of each year. Submissions will be reviewed for approval for the following academic year. Form FCAPE-05, CAPE Digital Tool Certificate Submission Form, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15913) is hereby incorporated by reference in this rule, effective September 2023, and must be utilized by school districts for submission of new CAPE Digital Tool Certificates. Form FCAPE-05 may be found on the Department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

2. No change.

(7) School District Requests for an Industry Certification for FEFP Funding Eligibility and Secondary Career and Technical Education Program Linkages. School districts may request an industry certification approved on the Master Credentials List for FEFP funding eligibility and industry certification linkages to secondary career and technical education program or program of study during an annual submission window. The request window allows school districts to submit information for the following purposes: request FEFP funding eligibility and program linkages for an industry certification which was added to the Master Credentials List since the last funding list adoption; request FEFP funding eligibility and program linkages for an industry certification on the Master Credentials List which only has postsecondary funding eligibility on the most recent CAPE funding list; and, request new program linkages for certifications that are already approved for the CAPE funding list.

(a) The submission window for each academic year occurs from the March 5 to April 1 time period, preceding the beginning of the K-12 academic year.

(b) The request must demonstrate that the certification meets the requirements for inclusion on the CAPE funding list as specified in paragraph (6)(a) of this rule.

(c)The request submitted by the district’s career and technical education director or other individual authorized by the superintendent must use Form FCAPE-06, Florida Career and Professional Education Act Funding and Program Request, and must include the following information: request type, valid certification code and name from the Master Credentials List, valid secondary career and technical education program number and program title, a minimum of fifteen (15) unique standards from the approved secondary career and technical education program curriculum framework adopted by the State Board of Education in Rule 6A-6.0571, F.A.C., a link to the test blueprint or other similar document on the standards assessed by the industry certification, and submitter information including district, name of submitter and contact information.

(d) The certification to program linkage request will be reviewed to determine whether the skills assessed by the certification are linked to at least fifteen (15) standards from the curriculum framework.

(e) Approved program to certification linkages will be included on the annual Secondary Career and Technical Education Program to Industry Certification Linkage List for programs or programs of study identified on the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions List as defined in paragraph (2)(h) of this rule.

(8)(7) Publication Date for the Funding List. The Funding List for the school year must be published no later than August 1.

(9)(8) K-12 Funding weights for certifications on the Funding List. Pursuant to Section 1011.62(1), F.S., the weight used for CAPE Industry Certifications and CAPE Acceleration Industry Certifications in the FEFP is 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-14693). 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.

(10)(9) Conditions for Florida Education Finance Program (FEFP) calculation and reporting for industry certifications and CAPE digital tool certificates.

(a) through (f) No change.

(11) Conditions for FEFP calculation of the 0.3 FTE for Career Pathways Completion.

(a) The Department of Education shall use the following program and industry certification documents for the calculation of the 0.3 FTE for each student who completes three (3) or more courses in a single career and technical education program or program of study and earns a related industry certification:

1. Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions; and,

2. Secondary Career and Technical Education Program to Industry Certification Linkage List

(b) School districts must report information in the following manner for use in this calculation:

1. Career and technical education courses must be reported on the Student Transcript Course Information format with reported credit earned in the course greater than zero (0).

2. The student must be reported in a career and technical education program or program of study on the Career and Technical Education Student Course Schedule.

3. The student must be reported with an industry certification on the Industry Certification format.

(c) For student records reported as specified in paragraph (11)(b), the Department shall calculate an additional FTE membership for each student who completed three (3) courses in program list identified on the Secondary Career and Technical Education Programs list and Associated Courses with Dual Enrollment Course Substitutions and earned at least one (1) certification linked to the program on the Secondary Career and Technical Education Program to Industry Certification Linkage List. A student must have satisfied the requirements for a course upon completion of a course sequence. A certification may only be used to satisfy the requirements for one career and technical education program or program of study. The district in which the student was enrolled at the time of completing the third course or more shall generate the funding; funds shall be pro-rated among districts if more than one district awarded credit toward the third or more course requirement during the academic year.

(12)(10) Registration of K-12 career and professional academies. School districts must annually register career and professional academies offered by the school district using. Form FCAPE-01, Florida Career and Professional Education Act Career and Professional Academies. , (http://www.flrules.org/Gateway/reference.asp?No=Ref-15317) is hereby incorporated by reference in this rule, effective May 2023, and must be utilized for reporting the information. Form FCAPE-01 may be found on the Department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary. Registration will take place during an annual reporting window which will be open no later than August 16 and close on September 15 or the next business day. After the close of the submission window, districts may submit corrections during an update window from October 1 to the last business day in October. The Department will assign a unique three-digit identifier to be used by school districts for reporting students in academies.

(13)(11) Registration of career-themed courses eligible for funding as specified in Section 1011.62(1), F.S. School districts must annually register each career-themed course offered in their district by school using the web-based application available at https://web02.fldoe.org/CAPE/login.aspx.

(a) through (b) No change.

(c) A course must have a minimum of five (5) unique standards from secondary career and technical education program curriculum framework adopted by the State Board of Education in Rule 6A-6.0571, F.A.C., that link to the standards assessed by the industry certification. The Department of Education will review the course submissions after each registration period to confirm compliance with this requirement and will notify the district secondary career and technical education director regarding any compliance issues.

(d) (c) The registration system includes all career education courses approved for grades 6 through 12 in the course code directory as adopted in Rule 6A-1.09441, F.A.C. Other courses available to students in grades 6 through 12 may be added to the registration system if requested by a school district and with documentation that student mastery of at least five (5) core standards are assessed by an industry certification exam adopted on the CAPE Industry Certification Funding List. To request additions of non-career education courses to the registration system for the academic year, the school district must notify the department in writing with the course number, industry certification and academic standards for the course that align to the certification. The request must be received no later than the first business day of March in the academic year for the career-themed course registration. Upon validation of alignment between standards and the requirements for the industry certification, the course will be added to the registration system for use in the next open registration period.

(e) (d) Districts will be eligible for the additional FTE membership provided in Section 1011.62(1)(o), F.S., for the industry certifications on the Funding List which are identified by the school district in the course registration.

(f) (e) A dual enrollment course at a public or private postsecondary institution may be registered by the district as a career themed course if the district has an articulation agreement with the postsecondary institution and the course leads to an industry certification on the Funding List and is not eligible for other performance funds as specified in Section 1011.62(1)(o)1.b., F.S. A district may submit requests for dual enrollment courses to be added to the registration system in writing with the course number, industry certification and academic standards for the course. The request must be received no later than the first business day of March in the academic year for the career-themed course registration. Upon validation of alignment between standards and the requirements for the industry certification, the course will be added to the registration system for use in the next open registration period.

(g) (f) The registration system requires final approval by the district superintendent, which certifies that the course is being registered in accordance with the statutory definition and requirements for career-themed courses in Sections 1003.493(1)(b) and 1003.493(4), F.S., including that the course is being taught by instructors in the school who hold the industry certifications or higher-level industry certifications for which the course is being registered. An instructor may hold a higher-level certification in the same pathway from the same certifying agency to satisfy the industry certification requirement.

(h) (g) Registration of career-themed courses is required for funding in the FEFP.

(i) (h) Form FCAPE-02, Florida Career and Professional Education Act Career-Themed Course (CTC) Registration Form, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14695) is hereby incorporated by reference in this rule to become effective September 2022 and must be utilized for reporting the career-themed course information. Form FCAPE-02 may be found on the Department’s website at: https://web02.fldoe.org/CAPE.

(14)(12) Teacher and proctor conduct provisions for maintaining the validity of the industry certification credential for K-12 students. 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 must 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 (b) No change.

(c) The school district must not report an exam score that is the product of any of the activities set out in paragraphs (14)(12)(a)-(b).

(15)(13) 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) No change.

(b) The school district must not report an exam score that is the product of any of the activities set out in paragraph (15)(13)(a).

(16)(14) Local test administration procedures and training for industry certification exam administration for K-12 students. School districts must create and maintain local test administration procedures for the administration of all industry certification exams.

(a) No change.

(b) All teachers providing instruction, proctors administering industry certification exams, and monitors for industry certification exams must annually sign Form FCAPE-03, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement. (http://www.flrules.org/Gateway/reference.asp?No=Ref-14696), which is hereby incorporated by reference in this rule to become effective September 2022. Form FCAPE-03 may be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(c) through (e) No change.

(17)(15) Reporting requirements for violations of industry certification test administration provisions for K-12 students. In those situations, where provisions of subsections (13)(12) and (14)(13) of this rule are violated by a teacher or proctor, the district must 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 must 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 FCAPE-04, Florida Career and Professional Education Act Testing Violation Report, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15914) which is hereby incorporated by reference in this rule to become effective September 2023. Form FCAPE-04 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(18)(16) K-12 student conduct provisions during test administrations. School districts must have local policies and procedures for the review of student conduct during and after industry certification and certificate exam administrations. These procedures must address any student conduct that violates certifying agency requirements for test administration or jeopardizes the integrity of the test. This conduct includes but is not limited to use of unauthorized materials during the testing, use of a cell phone or any other device with the ability to take photos of exam materials, assisting any other test taker with exam questions, and the disclosure of any test questions after the test administration. If a district determines the student violated the conduct provisions, the student must be prohibited from testing on any industry certification or certificate for a minimum period of six (6) months. If the district determines that the student conduct jeopardized the integrity of the exam beyond the scope of the student’s own performance on the exam, the district must complete Form FCAPE-04 and report the incident to the department for review.

(19)(17) Remote proctoring of industry certification exams for K-12 students. Remote proctoring of industry certifications and digital tool certificates is allowed in circumstances where the certifying agencies offer remotely proctored testing options under certain conditions.

(a) through (c) No change.

(20) The following documents are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400, or at the websites listed below.

(a) 2023-24 CAPE Industry Certification Funding List Update (https://www.flrules.org/gateway/reference.asp?No=Ref-), effective July 2024.

(b) 2023-24 Master Credentials List (https://www.flrules.org/gateway/reference.asp?No=Ref-15911), effective August 2023.

(c) Form FCAPE-01, Florida Career and Professional Education Act Career and Professional Academies (https://www.flrules.org/gateway/reference.asp?No=Ref-15317), effective May 2023. Form FCAPE-01 may be found on the department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(d) Form FCAPE-02, Florida Career and Professional Education Act Career-Themed Course (CTC) Registration Form (https://www.flrules.org/gateway/reference.asp?No=Ref-14695), effective September 2022. Form FCAPE-02 may also be found on the department’s website at: https://web02.fldoe.org/CAPE.

(e) Form FCAPE-03, Florida Career and Professional Education Act Industry Certification Test and Security Agreement (https://www.flrules.org/gateway/reference.asp?No=Ref-14696), effective September 2022. Form FCAPE-03 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(f) Form FCAPE-04, Florida Career and Professional Education Act Testing Violation Report, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15914), effective September 2023. Form FCAPE-04 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(g) Form FCAPE-05, CAPE Digital Tool Certificate Submission Form (https://www.flrules.org/gateway/reference.asp?No=Ref-), effective July 2024. Form FCAPE-05 may also be found on the department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(h) Form FCAPE-06, Florida Career and Professional Education Act Funding and Program Request (insert link), effective July 2024. Form FCAPE-06 may also be found on the Department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(i) Rule 6A-10.0401, F.A.C. (https://www.flrules.org/gateway/reference.asp?No=Ref-14693)

(j) 2023-24 Secondary Career and Technical Education Program to Industry Certification Linkage List (insert link), effective July 2024.

(k) 2023-24 Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions (insert link), effective July 2024.

Rulemaking Authority 1001.02(1), (2)(n), 1003.4203(9), 1003.491(5)(d), 1008.44, 1011.62(1) FS. Law Implemented 1003.4203, 1003.491, 1003.492, 1003.493, 1003.4935, 1011.80, 1011.81, 1008.44, 1011.62(1) FS. History‒New 9-20-22, Amended 5-23-23, 9-26-23,

 

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: Manny Diaz Jr., Commissioner, Department of Education.

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

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 28, 2023