Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-6.0981: School District Virtual Instruction Program
PURPOSE AND EFFECT: The purpose of the rule amendment is to clarify procedures relating to the application process to become a virtual instruction program provider and to adopt a new application form. The effect of the amendment is a rule which better outlines the process for applicants to follow.
SUMMARY: The rule is amended to clarify procedures relating to the application process and to delete unnecessary language relating to grade levels.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC 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: September 15, 2009, 9:00 a.m.
PLACE: Miami Dade College, Wolfson Campus, 300 N.E. 2nd Avenue, Miami, FL 33132
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sally Roberts, Educational Policy Consultant, Division of Public Schools, Department of Education, 325 West Gaines Street, Room 514, Tallahassee, Florida 32399-0400, (850)245-9617

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0981 School District Virtual Instruction Program.

(1) Purpose. Section 1002.45, F.S., requires each school district districts, 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 annually with a list of providers approved to offer virtual instruction programs under this section of law. The program must be full-time for K-8 students and may be full-time or part-time for students in grades 9-12 in Department of Juvenile Justice Education Programs, dropout prevention programs, vocational programs, or career education programs. Each school district’s virtual instruction program may be operated by the district or by virtual instruction program contracted providers. Virtual instruction program providers must be approved by the Department of Education.

(2) Application Form. Form VSP-02, School District Virtual Instruction Program Provider Approval Application 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 with the effective date of this rule. Form VSP-02 will be published electronically at www.fldoe.org/Schools/virtual-schools/DistrictVIP.asp. www.floridaschoolchoice.org, or Aa hard copy may be obtained by contacting the Division of Public Schools, Office of the Chancellor Independent Education and Parental Choice, Florida Department of Education, 325 West Gaines Street, Room 514 522, Tallahassee, Florida 32399.

(3) Application. The application to become an approved provider For the 2009-10 school year, Form VSP-02 will be available beginning October 1 of each year for the following school year. The deadline for filing the application is October 31 on-line at www.floridaschoolchoice.org; the application date for providers to begin submission shall be published at www.floridaschoolchoice.org and the application shall remain open for thirty (30) calendar days. Each year thereafter, Form VSP-02 will be available online beginning September 1 for providers intending to contract with school districts in the subsequent school year. Applications will be due on or before November 1.

(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 November 1. Approved providers will be posted to the website: www.fldoe.org/Schools/virtual-schools/DistrictVIP.asp www.floridaschoolchoice.org, no later than March 1 each year. The approval is valid for the following three (3) 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 their application for reconsideration. The applicant will receive a final notice of approval or denial no later than February 28 of each year. 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 Specific Authority 1002.45(12) FS. Law Implemented 1002.45 FS. History–New 11-26-08, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Frances Haithcock, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 4, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 26, 2009