The purpose of the rule amendment is to identify necessary revisions to conform with changes made by the 2012 Legislature to Section 1002.45, Florida Statutes. Changes include the addition of a new provider qualification to perform an annual ...

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.:RULE TITLE:
6A-6.0981Provider Approval for Virtual Instruction Program
PURPOSE AND EFFECT: The purpose of the rule amendment is to identify necessary revisions to conform with changes made by the 2012 Legislature to Section 1002.45, Florida Statutes. Changes include the addition of a new provider qualification to perform an annual financial audit and clarification of statutory requirements related to public disclosure of specified information, detailed curriculum and student performance accountability plan and submission of quantified student learning gains to demonstrate prior successful experience. In addition, requirements previously contained in the Virtual Instruction Program Application for Provider Approval, Form VSP-02, are added within the rule. The effect will be a rule aligned with current law.
SUMMARY: The rule outlines the process through which private entities can become approved to enter into contractual agreements with Florida school districts and virtual charter schools to offer 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 been prepared by the agency.
Approximately twenty private businesses are estimated to apply to be a provider annually. It is unknown if any will be small businesses. There will be no out-of-pocket expenses for compliance with the rule, except staff time to gather the documentation requested.
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 require legislative ratification pursuant to Section 120.541(3), F.S., because no requirement for a SERC was triggered under Section 120.541(1), F.S., and based on past experience with this application process, the adverse impact or regulation costs, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.
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: 1002.45(11) FS.
LAW IMPLEMENTED: 1002.45 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 12, 2012, 8:00 a.m.
PLACE: Tampa Airport Marriott, Tampa International Airport, 4200 George J. Bean Parkway, Duval Room, Tampa, FL 33607
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sally Roberts, PK-12 Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0981 Provider Approval for Virtual Instruction Program.

(1) Purpose. Section 1002.45, F.S., requires each school district to provide eligible students within its boundaries the option to participate in a virtual instruction program. The Department of Education will provide school districts and virtual charter schools annually with a list of providers approved to offer virtual instruction programs under this section of law.

(2) Application Form. Form VSP-02, Virtual Instruction Program Application for Provider Approval (http://www.flrules.org/Gateway/reference.asp?No=Ref-02012 http://www.flrules.com/Gateway/reference.asp?No=Ref-00656) for becoming an approved provider for the Virtual Instruction Program, will be used for those virtual education providers applying for approved status from the Department of Education. Form VSP-02 is hereby incorporated by reference and made a part of this rule to become effective January 2013 December 20, 2011. Form VSP-02 will be published electronically at www.fldoe.org/Schools/virtual-schools/DistrictVIP.asp. A hard copy of Form VSP-02 may be obtained by contacting the Division of Public Schools, Office of the Chancellor, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(3) Application. The application to become an approved provider will be available at www.fldoe.org/Schools/virtual-schools/districtVIP.asp beginning October 1 of each year for the following school year and must be accessed and submitted electronically. The deadline for filing the application is October 31.

(a) Pursuant to Section 1002.45(2)(a)4., F.S., the applicant must possess prior successful experience offering online courses to elementary, middle and high school students as demonstrated by quantified student learning gains in each subject area and grade level provided for consideration as an instruction program option. Learning gains shall be sufficient if they demonstrate a level of gains comparable to the level of gains that would be anticipated in a Florida public school earning a school grade of “C” or better, in accordance with Section 1008.34, F.S., or demonstrate that the applicant will likely meet the learning gains component necessary to maintain a school grade of “C” or better pursuant to Section 1002.45(8), F.S. The applicant will disclose on a prominent place on its website the disclosure information required under Section 1002.45(2)(a)7., F.S.

(b) In accordance with Section 1002.45(2)(a)5., F.S., the applicant must be accredited by at least one of the following K-12 regional accrediting agencies, their successors or assigns: AdvancED, Middle States Association of Colleges and Schools Commission on Elementary Schools and Commission on Secondary Schools, New England Association of Schools and Colleges, Northwest Accreditation Commission, or Western Association of Schools and Colleges.

(c) Pursuant to Section 1002.45(2)(a)6., F.S., the applicant must ensure instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level it intends to provide. The curriculum plan must include evidence:

1. That the applicant’s online program and courses meet the standards of the International Association of K12 Online Learning;

2. That its courses and services are aligned to the most recently adopted Florida standards and measure student attainment of those standards, including:

a. Where the standard is taught in the course;

b. How the standard is taught, and

c. How mastery is assessed.

File names for course alignment documents must include the Florida course codes and titles specified in Florida’s most current Course Code Directory incorporated in Rule 6A-1.09441, F.A.C.

3. That mechanisms are in place to determine and ensure students have satisfied promotion and graduation requirements. Mechanisms should include:

a. The use of formative and interim assessment;

b. A multi-tiered system of student supports, interventions and assistance to ensure student progression toward promotion and graduation requirements;

c. Curriculum development, activities and assessments based on principles that give all individuals equal opportunities to learn, supporting flexibility in representation, expression, and engagement;

d. Electronic and information technology accessible to persons with disabilities; and

e. Strategies to ensure comprehensible instruction for students with limited English proficiency.

Upon request, the applicant will provide access for a virtual walk-through of courses during the review phase of the application process.

(d) The applicant will disclose on a prominent place on its website the disclosure information required under Section 1002.45(2)(a)7., F.S. Average student-teacher ratios are to be calculated for full-time and part-time teachers and for core and elective courses for the following grade-level bands: grades K-3, grades 4-8, and grades 9-12. The total number of students assigned to full-time teachers must be provided. Student completion rate calculations are to include all students who complete the enrollment process and begin the virtual instruction program as evidenced by the completion of at least one (1) lesson or assignment. Student performance accountability outcomes are to include student assessment results for all students and by the following subgroups: major racial and ethnic groups, economically disadvantaged students, students with disabilities and students with limited English proficiency.

(4) The Department of Education will review each complete application and provide the applicant with a written decision regarding the approval or denial of the application no later than forty-five (45) calendar days after the deadline. Incomplete applications, including applications lacking required supporting documentation will not be reviewed. Approved providers will be posted to the website: www.fldoe.org/Schools/virtual-schools/DistrictVIP.asp. The approval is valid for the following three (3) school years.

(5) Notice of Denial. If the application is denied, the applicant will receive written notification identifying the specific areas of deficiency. The applicant shall have forty-five (45) calendar days after receipt of the notice of denial to resolve any outstanding issues, and resubmit its application for reconsideration. The applicant will receive a final notice of approval or denial. If an application is denied a second time, the Department of Education will provide a final written notice to the provider indicating that the application has been administratively closed and that the provider may apply during the next application phase in accordance with subsection (3) of this rule.

(6) Revocation. The Department shall revoke the approval of a provider who fails to comply with all the requirements of Section 1002.45, F.S.

Rulemaking Authority 1002.45(11) FS. Law Implemented 1002.45 FS. History–New 11-26-08, Amended 10-21-09, 3-20-11, 12-20-11,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sally Roberts, PK-12 Public Schools, Department of Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 8, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 11, 2012