The purpose and effect of this amendment is to include a renewal process for approved virtual instruction program providers.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0981Provider Approval for Virtual Instruction Program

PURPOSE AND EFFECT: The purpose and effect of this amendment is to include a renewal process for approved virtual instruction program providers.

SUMMARY: Development of a renewal application for approved virtual instruction program providers including: disclosure requirements, parent/student information requirements, accreditation, curriculum and instruction, student performance and accountability, financial audit, and supporting documentation.

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: (1) no requirement for a SERC was triggered under section 120.541(1), F.S., and (2) 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 s. 120.541(2)(a), F.S. The only item revised in the rule is to include a renewal application for currently approved virtual instruction program providers. This provision will enable currently approved virtual instruction program providers a condensed application that is a cost savings measure for small businesses.

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 FS.

LAW IMPLEMENTED: 1002.45 FS.

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

DATE AND TIME: June 24, 2015, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sandy Eggers, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0981 Provider Approval and Renewal 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 full and part-time virtual instruction programs under this section of law.

(2)(a) Application Form. Form VSP-02, Virtual Instruction Program Application for Provider Approval (https://www.flrules.org/Gateway/reference.asp?No=Ref-03386), 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 2014.

(b) Application Form. Form VSP-02R VSP-02PT, Virtual Instruction Program Application for Part-Time Provider Renewal Approval (http://www.flrules.org/Gateway/reference.asp?No=Ref-03387), for renewing becoming an approved part-time provider for the Virtual Instruction Program, will be used for those virtual education providers applying for renewal approved status from the Department of Education. Form VSP-02R VSP-02PT is hereby incorporated by reference and made a part of this rule to become effective July 2015 January 2014. Copies A copy of fForms VSP-02 and VSP-02R VSP-02PT may be obtained by contacting the Office of Independent Education and Parental Choice Division of Public Schools, Office of the Chancellor, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(3) Applications. The applications to become an approved provider or for renewal will be available at www.fldoe.org/Schools/virtual-schools/districtVIP.asp beginning September 1 of each year for the following school year and must be accessed and submitted electronically. The deadline for filing the application is September 30.

(a) Pursuant to Section 1002.45(2)(a)5., 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.

1. Initial Approval. For applicants seeking initial approval, prior successful experience shall be demonstrated as follows: 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. Upon an applicant’s request the Department of Education shall conditionally approve a provider who is otherwise qualified but without sufficient prior, successful experience offering online courses, to offer courses measured by statewide assessments under Section 1008.22, F.S., with a learning gains component, end-of-course assessments, or Advanced Placement (AP) examinations. Conditional approval shall be valid for one (1) school year only and, based on the provider’s subsequent experience in offering the courses under this paragraph, the Department shall determine whether to grant final approval to offer a virtual instruction program under the criteria for successful experience as outlined in this paragraph.

2. Renewal. Renewal applicants with a school grade in the most recent grades release by the Department of Education meet the prior successful experience criteria unless they are disqualified pursuant to Section 1002.45(8), F. S.  Pursuant to Section 1002.45(8), F. S., a provider who was disqualified under this section shall be ineligible for approval for one (1) year. Thereafter, the provider must submit an application for initial approval. Renewal applicants without a school grade must meet the criteria for prior successful experience required for initial approval.

(b) through (6) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1002.45(11) FS. Law Implemented 1002.45 FS. History–New 11-26-08, Amended 10-21-09, 3-20-11, 12-20-11, 1-23-13, 1-1-14,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Miller, Executive Director, Office of Independent Education and Parental Choice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 10, 2015