6A-6.0981: School District Virtual Instruction Program
PURPOSE AND EFFECT: The purpose is to amend Rule 6A-6.0981, F.A.C., to conform to statutory revisions made to Section 1002.45, Florida Statutes, during the 2011 Legislative Session. The effect will be the alignment of laws related to the approval of virtual instruction providers.
SUMMARY: This rule outlines the process through which private companies can become approved to enter into contractual agreements with Florida school districts 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 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 require legislative ratification pursuant to Section 120.541(3), Florida Statutes, because (1) no requirement for a SERC was triggered under Section 120.541(1), Florida Statutes, 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 Section 120.541(2)(a), Florida Statutes.
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: November 15, 2011, 9:00 a.m.
PLACE: Andrew Jackson High School, 3816 N. Main St., Jacksonville, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sally Roberts, Educational Policy Consultant, Department of Education, Division of K-12 Public Schools, 325 West Gaines Street, Tallahassee, FL 32399-0400
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-6.0981 Provider Approval for School District Virtual Instruction Program.
(1) Purpose. Section 1002.45, F.S., requires each school district, beginning with the 2009-2010 school year, 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-00656) School District 2011 (http://www.flrules.com/Gateway/ reference.asp?No=Ref-00030) for becoming an approved provider for the School District 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 ________ March 20, 2011. Form VSP-02 will be published electronically at www.fldoe.org/Schools/virtual-schools/DistrictVIP.asp. A hard copy 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 beginning October 1 of each year for the following school year. The deadline for filing the application is October 31.
(a) The applicant will disclose on a prominent place on its website the disclosure information required under Section 1002.45(2)(a)7., Florida Statutes.
(b) In accordance with Section 1002.45(2)(a)5., Florida Statutes, 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.
(4) The Department of Education will review each 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. 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,_________.