The purpose of this rule amendment is to incorporate changes made by Workforce Florida, Inc., to the list of industry certifications which are eligible for inclusion on the “2011-2012 Comprehensive Industry Certification List.” The 2011-2012 ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-6.0573: Industry Certification Process.
PURPOSE AND EFFECT: The purpose of this rule amendment is to incorporate changes made by Workforce Florida, Inc., to the list of industry certifications which are eligible for inclusion on the “2011-2012 Comprehensive Industry Certification List.” The 2011-2012 Industry Certification List is updated to include two additional certifications (Certified Agriculture Biotechnician and Florida Automobile Dealers Association Certified Technician).
SUMMARY: The Department is adopting by reference the “Comprehensive Industry Certification List, 2011-12” as approved and published March 1, 2011, by Workforce Florida, Inc., and updated on November 11, 2011.
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 Agency’s past experience with rules of this nature that provide updated lists of certifications do not meet the criteria that require 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: 1003.492(2) FS.
LAW IMPLEMENTED: 1003.491, 1003.492, 1003.493, 1003.4935, 1011.62 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 10, 2012, 7:30 a.m.
PLACE: Tampa Airport Marriott, Hillsborough Grand Ballroom, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Bureau Chief, Division of Career and Adult Education, 325 West Gaines Street, Suite 744, Tallahassee, Florida 32399-0400, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0573 Industry Certification Process.

(1) Pursuant to Section 1003.492(2), F.S., Workforce Florida, Inc.’s approved list of industry certifications, which has been named the “Workforce Florida, Inc. Comprehensive Industry Certification List for the Career and Professional Education Act, 2011-2012, Updated” (http://www.flrules.org/Gateway/reference.asp?No=Ref-01140 http://www.flrules.org/Gateway/reference.asp?No=Ref-00558) is adopted by the State Board of Education and incorporated by reference in this rule. The “Workforce Florida, Inc. Comprehensive Industry Certification List for the Career and Professional Education Act, 2011-2012, Updated” may be obtained from the Department of Education’s web site at http://www.fldoe.org/workforce/fcpea/default.asp.

(2) The “Comprehensive Industry Certification List” shall be published by March 1 of each calendar year.

(3) “Industry Certification Funding List.” The Department of Education shall review the approved “Comprehensive Industry Certification List” to identify certifications deemed sufficiently rigorous academically and, thus, eligible for additional full-time equivalent (FTE) membership funding, pursuant to Section 1011.62(1), F.S.

(a) This list will be known as the “2011-2012 Industry Certification Funding List, Updated” (http://www.flrules.org/Gateway/reference.asp?No=Ref-01144 http://www.flrules.com/Gateway/reference.asp?No=Ref-00557) to be published by the Department of Education and is incorporated by reference in this rule. The “2011-2012 Industry Certification Funding List, Updated” may be obtained from the Department of Education’s web site at http://www.fldoe.org/workforce/fcpea/default.asp.

(b) To be considered for additional full-time equivalent membership funding and included on the “2011-2012 2010-2011 Industry Certification Funding List, Updated” in this paragraph, a certification shall:

1. Be on the “Comprehensive Industry Certification List;”

2. Be achievable by secondary students;

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

4. Have been offered for at least one year in a school district.

(c) The Commissioner of Education may waive the one-year requirement when failure to do so would inhibit preparation of students for emerging workforce opportunities.

(4) through (5)(a) No change.

(b) Employment value shall be determined by the State Board of Education, in consultation with Workforce Florida, Inc., using the entry wage, growth rate, and average annual openings for the Standard Occupational Classification (SOC) code linked to the industry certification, based on occupational linkages assigned by the Department of Economic Opportunity.

1. The maximum employment value of the industry certification is three points. The State Board of Education shall assign one point to each certification for the three indicators: entry wage, growth rate, and average annual openings. Points shall be assigned to each certification based on the percentile ranking of the occupation to which it is linked among all occupations linked to certifications on the “Industry Certification Funding List.” The source for the employment information is data from Department of Economic Opportunity, Labor Market Statistics Center, Occupational Employment Statistics Program and Employment Projections Program, in the document (2007-11 Comprehensive Industry Certification List with Employment Data, Updated” (http://www.flrules.org/Gateway/reference.asp?No=Ref-01149 http://www.flrules.org/Gateway/reference.asp?No=Ref-00559) which is hereby incorporated by reference. The document can be accessed from the Department’s web site at http://www.fldoe.org/workforce/careeracademies/ca_home.asp.

2. The points for entry wage, growth rate, and average annual openings shall be assigned as follows:

a. A value at or below the 25th percentile equals 0.25 point.

b. A value greater than the 25th percentile and below or equal to 50th percentile equals 0.50 point.

c. A value greater than the 50th percentile and below or equal to the 75th percentile equals 0.75 point.

d. A value above the 75th percentile equals 1.0 point.

3. For each certification, the State Board of Education shall sum the points for entry wage, growth rate, and average annual openings. The sum of this calculation is the employment value point total for the certification.

(c) through (9)(d) No change.

Rulemaking Authority 1003.492(2), 1011.62(1)(o) FS. Law Implemented 1003.491, 1003.492, 1003.493, 1003.4935, 1011.62(1)(o) FS. History–New 10-20-08, Amended 8-18-09, 6-22-10, 6-21-11, 10-25-11,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Rod Duckworth, Chancellor, Division of Career and Adult Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011