To amend the title of the rule (to include “and 250-Day School Year for Juvenile Education Programs”) and add a provision to operate a juvenile justice education nonresidential school or program for a term of 250 actual ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

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

PURPOSE AND EFFECT: To amend the title of the rule (to include “and 250-Day School Year for Juvenile Education Programs”) and add a provision to operate a juvenile justice education nonresidential school or program for a term of 250 actual teaching days or the hourly equivalent, which is no fewer than 1,250 instructional hours. The district school board may decrease the minimum number of days of instruction by up to 20 days or the equivalent hours for teacher planning for nonresidential programs. Each teacher-planning day is equivalent to five (5) instructional hours. Also, a provision is added to operate a juvenile justice education residential school or program for a term of 250 actual teaching days. The district school board may decrease the minimum number of days of instruction by up to 10 days for teacher planning for residential program. Additionally, an academically high-performing school district, under section 1003.621, F.S., may provide up to two days or equivalent hours of the required 180 teaching days through virtual instruction.

SUMMARY: Require juvenile justice education residential and nonresidential schools or programs to operate for a term of two hundred fifty (250) actual teaching days or the hourly equivalent. The district school board may decrease the minimum number of days of instruction by up to 20 days for nonresidential programs, and up to 10 days for residential programs. An academically high-performing school district may provide up to two days or equivalent hours of the required 180 teaching days through virtual instruction.

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 adverse impact or regulatory cost, if any, does not exceed, nor would it be expected to exceed, any one of the economic analysis criteria set forth in section 120.541(2)(a), Florida Statutes (F.S.). and will not require legislative ratification. Juvenile justice education residential and nonresidential schools or programs will be affected and required to provide specific instructional hours.

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), 1003.01(11)(a), 1003.02(1)(g), 1003.621, 1011.60(2), 1011.61, F.S.

LAW IMPLEMENTED: 1001.42(12)(a), 1001.51(11)(a), 1003.01(11)(a), 1003.02(1)(g), 1003.621, 1011.60(2), 1011.61, F.S.

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

DATE AND TIME: October 20, 2021, 9 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Sierra Ballroom A & B, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, Florida Department of Education, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.045111 Hourly Equivalent to 180-Day School Year and 250-Day School Year for Juvenile Justice Education Programs.

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

(1) Operate all schools, except a juvenile justice education school or program, 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) through (b) No change.

(2) Operate a juvenile justice education nonresidential school or program for a term of two hundred fifty (250) actual teaching days or the hourly equivalent which is no fewer than one thousand two hundred fifty (1,250) instructional hours. The district school board may decrease the minimum number of days of instruction by up to twenty (20) days or the equivalent hours for teacher planning for nonresidential programs. Each teacher planning day is equivalent to five (5) instructional hours.

(3) Operate a juvenile justice education residential school or program for a term of two hundred fifty (250) actual teaching days. The district school board may decrease the minimum number of days of instruction by up to ten (10) days for teacher planning for residential programs.

(4) (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.

(5) An academically high-performing school district under Section 1003.621, F.S., may provide up to two days of the required one hundred eighty (180) actual teaching days or the hourly equivalent through virtual instruction. The hourly equivalent is based on the student’s daily instructional schedule as reported in the full-time equivalent student membership surveys required by Rule 6A-1.0451, F.A.C., Florida Education Finance Program Membership Surveys.

Rulemaking Authority 1001.02(1), 1001.42(12)(a), 1001.51(11)(a), 1003.01(11)(a), 1003.02(1)(g), 1003.621(2)(g), 1011.60(2), 1011.61 FS. Law Implemented 1001.42(12)(a), 1001.51(11)(a), 1003.01(11)(a), 1003.02(1)(g), 1003.621(2)(g), 1011.60(2), 1011.61 FS. History–New 5-3-10, Amended 4-25-17,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 17, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 10, 2021