To develop additional evaluation criteria that the Department of Education will use when evaluating previously approved charter school governance training plans that are seeking renewal. Additional revisions to the renewal ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0784Approval of Charter School Governance Training

PURPOSE AND EFFECT: To develop additional evaluation criteria that the Department of Education will use when evaluating previously approved charter school governance training plans that are seeking renewal. Additional revisions to the renewal application process may be considered to ensure alignment with Florida law. Related changes to the incorporated forms will also be made.

SUMMARY: The rule implements the requirement in s. 1002.33, F.S., regarding charter school governance training.

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: This 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 this rule. This is based upon the nature of the proposed rule.

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, 1002.33, F.S.

LAW IMPLEMENTED: 1002.33, F.S.

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

DATE AND TIME: October 18, 2023, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Grand Sierra Ballroom D, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Executive Director, Office of Independent Education & Parental Choice, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0784 Approval of Charter School Governance Training.

The following provisions are established for the approval of charter school governing board training submitted to the Florida Department of Education for approval pursuant to Section 1002.33, F.S.

(1) General training requirements.

(a) No change.

(b) Each governing board member must complete a minimum of four (4) hours of instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(j)5., (k), F.S. After the initial four (4) hour training, each member is required, within the subsequent three (3) years and for each three (3) year period thereafter, to complete a two (2) hour refresher training on the four (4) topics above in order to retain his or her position on the charter school board. Any member who fails to obtain the two (2) hour refresher training within any three (3) year period must take the four (4) hours of instruction again in order to remain eligible as a charter school board member.

(c) through (e) No change.

(2) Governance training plans.

(a) For the purpose of this rule, a training plan is a written instructional document describing the instructional design for charter school governing board training which includes measurable performance objectives, instructional content, delivery strategies, learning activities, and assessment for training to fulfill the statutory requirements for charter school governing board instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(j)5. (k), F.S. The training plan may include, but need not be limited to, traditional instructional settings, individualized learning modules, and online education.

(b) A governance training plan submitted for review and approval by the Department shall address each of the following components:

1. Description of the content to be delivered that fulfills all topics identified in Section 1002.33(9)(j)5., (k), F.S., and is consistent with the hours of instruction specified in paragraphs (1)(b) and/or (1)(c) of this rule;

2. through 9. No change.

(3) Submission and review of training plans.

(a) No change.

(b) After completing and signing the form, a training provider seeking approval must submit the original and three (3) copies of the form, or an original and an electronic copy of the form as a PDF file, to the Office of Independent Education and Parental Choice as described on the form. The Department will conduct two review periods each year, with deadlines for submitting applications on or before February May 1, for a review period of February 1-April 2 May 1-July 1, and on or before July October 1, for a review period of July October 1 – August 30 December 1. This requires that all applications and supporting documentation must be received by the Department on or before these dates.

(c) The Commissioner of Education or designee shall appoint a review team to review charter school governance training plans. The review team shall be composed of individuals with knowledge in education, finance, governance and law. A training plan submitted for approval to the Department will be reviewed within sixty (60) thirty (30) days of the deadlines listed in paragraph (3)(b) of this rule to determine compliance with the components identified in paragraph (2)(b) of this rule.

(d) The review team’s findings will be consolidated and provided as recommendations to the Commissioner or designee. Using the recommendations of the review team, the Commissioner or designee shall determine if the provider has met the criteria for approval or denial. Within ten (10) working days following the Commissioner’s or designee’s determination, the Department shall send a written notification to the proposed provider regarding the outcome of the training plan review.

(e) The names of training providers whose training plans have been approved to meet requirements of Section 1002.33(9)(j)5. (k), F.S., will be posted on the Department’s website at http://www.floridaschoolchoice.org. and will be available in a hard copy upon request to the Office of Independent Education and Parental Choice.

(f) No change.

(4) Length of approval and renewal of training plans.

(a) No change.

(b) No earlier than six (6) months prior to the expiration of approval, a training provider may submit a request for renewal of an approved training plan by completing and submitting Form IEPC-10, Charter School Governance Training, Application to Renew an Approved Training Plan. Form IEPC-10 is hereby incorporated by reference to become effective with the effective November 2023(DOS link) date of this rule and will be available electronically on the Department’s website at http://www.floridaschoolchoice.org or may be obtained from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) A request for training plan renewal submitted for approval to the Department will be reviewed within sixty (60) thirty (30) days of receipt to determine continued compliance with the components identified in paragraphs (1)(b) and (2)(b) of this rule. Within ten (10) working days following the Commissioner’s or designee’s determination, the provider will be notified in writing of the Department’s decision to renew the plan or not to renew. If a training plan is not renewed, a provider may submit a new training plan to the Department as described in paragraphs (3)(a) and (b) of this rule.

(5) through (6) No change.

Rulemaking Authority 1001.02, 1002.33(28) (24) FS. Law Implemented 1002.33(9)(j)5. (k) FS. History–New 7-21-08, Amended 12-15-09,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson, Executive Director, Office of Independent Education & Parental Choice.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 22, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 21, 2023